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TMI Blog1996 (3) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... econsideration of the judgment in Manohar Joshi vs.Nitin Bhaurao Patil and Another (1996) 1 SCC 169. The petitioner's contention, in substance, is that the judgment is incorrect. It is sufficient to say that Article 32 of the Constitution is not available to assail the correctness of a decision on merits or to claim its reconsideration. This has been clearly reiterated in the recent decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in S.R. Bommai is of assistance for construing the meaning and scope of sub-sections (3) and (34)-of Section 123 of the Representation of the People Act. Reference to the decision in S.R. Bommai is, therefore, inapposite in this context. We may also add that the challenge in the writ petition to the correctness of the decision in Manohar Joshi is based on a misreading of that decision. In the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been made for this purpose in paras 64 to 67 (SCC) to the decision in Jamaat-E- Islami Hind vs. Union of India, 1995 (1) SCC 428, to indicate the standard of proof required for proving a corrupt practice which had not been satisfied in Manohar Joshi in view of the absence of legal evidence to prove the corrupt practice alleged in the case. A careful and dispassionate reading of the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment in Manohar Joshi to give rise to any such apprehension that it can enable misuse of religion for making appeal for votes in an election. We may add that the deficiency, if any, in the statutory prohibition enacting the corrupt practice in Section 123 of the Representation of the People Act, has to be cured by legislation and that deficiency cannot be cured by reading into a penal provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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