AIR 1967 ANDHRA PRADESH 155 ::(1966) 2 Andh WR 401 ::ILR (1967) Andh Pra 1451

Andhra Pradesh High Court

Hon'ble Judge(s): Monohar Pershad , C.J. AND N. Kumarayya , J

(A) Representation of The People Act (43 of 1951) , S.90(2), S.99, S.100(1)(b)— Corrupt practices affecting election - Circumstantial evidence has the same place and relevancy in election matters as in civil or criminal proceeding - Breaches of law and corrupt practices must be strictly proved to justify interference with result of election - Due proof of a single bribery, be that act however insignificant even if not committed by the candidate himself but by his agent is sufficient to invalidate election - Standard of proof required in election matters in proving corrupt practices is the same as that for criminal offence - Allegation of corrupt practices and bribery held not proved beyond reasonable doubt - Case law discussed. Evidence Act (1 of 1872) , S.3, S.5— Penal Code (45 of 1860) , S.171B— (Para 6 7 8 9) (B) Representation of The People Act (43 of 1951) , S.123(1)— Receiver of a bribe in relation to the giver is an accomplice - He is unworthy of credit unless corroborated in material particulars. AIR 1952 SC 54 Rel. on. Criminal P.C. (5 of 1898) , S.337— Evidence Act (1 of 1872) , S.114, S.133— (Para 10) ....