ELECTION PETITION ON THE GROUND OF CORRUPT PRACTICE

ELECTION PETITION AGAINST A SUCCESS GAINED CANDIDATE BY UNSUCCESSFUL CANDIDATE 

 If a candidate who has lost the public election and challenged the election by filling a election petition against the candidate who has gained success in that public election on the ground of corrupt practice then burden of proof lie upon his shoulder and he should take extra care and leave no room for doubt while making such type  allegation as  Hon'ble Supreme Court of India has held  in the case of  C. P. John Versus Babu M. Palissery reported in A.W.C. 2015(1) page 940.

       Hon'ble Apex Court   considered and examine the provision of section 123 (1), 123 (4), 83 (1) and 86 of  Representation of the People Act 1951 and held that   unless and until election petitioner comes forwarded with the definite pea of his case that allegation of corrupt practice is supported by legally acceptable material evidence without iota of doubt as to such allegation- Election petition can not be entertained and will have to rejected at threshold.

           In the filing of an election  petition challenging the successful election of a candidate, the election petitioner should take extra care and leave no room for doubt while making any allegation of corrupt practice indulged in by the successful candidate and that he cannot be letter on heard to state that allegations were generally spoken to or discussed sporadically and that basis election petition came to filed as according to view of Hon'ble court since a successful candidate in an election has got the support of the majority of the voters who cast their votes in his favour, so a unsuccessful candidate cannot be allowed  to call a successful candidate in question by making frivolous or baseless allegations and thereby unnecessarily drag him in to the court proceedings and make waste of his precious time, which time should be spent in welfare of public of his constituency.