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Issues Involved:
1. Allegations of corrupt practices u/s 123(2), 123(3), 123(3A), 123(4), and 123(7) of the Representation of People Act, 1951. 2. Receipt of improper votes, rejection of valid votes, and adoption of illegal procedures during counting. 3. Defective pleadings and lack of material facts and particulars in the election petition. 4. Admissibility and reliability of evidence, including newspaper reports and tape-recorded speeches. Summary: Issue 1: Allegations of Corrupt Practices The election petitioner alleged that the appellant committed corrupt practices defined in sub-sections (2), (3), (3A), and (4) of Section 123 of the Act. The High Court found these allegations substantiated and declared the appellant's election void. However, the Supreme Court noted the vague and general nature of the allegations and the lack of material facts and particulars in the election petition. The Court emphasized the necessity of precise and clear pleadings containing all necessary details and particulars as required by law. The evidence led in support of the allegations was found to be inadmissible and unreliable, failing to meet the stringent standards required to prove corrupt practices. Issue 2: Receipt of Improper Votes, Rejection of Valid Votes, and Adoption of Illegal Procedures During Counting Though allegations were made regarding irregularities during counting, incorrect publication of electoral rolls, and malpractices at polling booths, no arguments were addressed on these points before the trial court or the Supreme Court. Consequently, the Court did not deal with these allegations. Issue 3: Defective Pleadings and Lack of Material Facts and Particulars The Supreme Court reiterated the principles laid down in previous judgments regarding the necessity of precise and clear pleadings in an election petition. The petition must contain a concise statement of material facts and full particulars of any corrupt practice alleged. The Court found that the election petition in this case lacked the required material facts and particulars, which should have led to its dismissal at the initial stage. The Court also criticized the trial judge for allowing the filing of an additional affidavit after the arguments were over, which was a novel procedure unknown to civil or election law. Issue 4: Admissibility and Reliability of Evidence The Supreme Court found that the newspaper reports and tape-recorded speeches produced as evidence were inadmissible. Newspaper reports are hearsay evidence and cannot be treated as proof of the facts stated therein without proper proof under the Indian Evidence Act. The tape-recorded speeches were also found to be unreliable due to the lack of proper chain of custody and the dubious nature of their recording and preservation. The Court emphasized that the proof of corrupt practices must be clear, cogent, specific, and reliable, which was not the case here. Conclusion: The Supreme Court allowed the appeal, set aside the High Court's judgment declaring the appellant's election void, and dismissed the election petition. The appellant was awarded costs of Rs. 10,000 payable by the election petitioner. The Court also highlighted the need for the High Court to frame rules for the proper trial of election petitions.
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