Raj Narain v. Smt. Indira Nehru Gandhi and Anr.
Case brief
What is this about?
Election petition — corrupt practice — s. 123(7) Representation of the People Act 1951 — assistance of gazetted officer (Yashpal Kapur) for furtherance of election prospects — candidate definition s. 79(b) — pleading in election petition not strictly construed — s. 83(1) material facts and full particulars — s. 86(5) amendment or amplification of particulars after limitation permitted if corrupt practice previously alleged — dismissal in limine impermissible — Order XI rr. 1 and 7 CPC — interrogatories must relate to matters in question; cross-examination relevance insufficient — striking out of issues and interrogatories — effective date of government servant's resignation; backdated acceptance quaere — Rae Bareilly Lok Sabha constituency, General Election March 1971 — Raj Narain v. Indira Nehru Gandhi — Civil Appeals Nos. 108 and 109 of 1972.
What did the court decide?
Civil Appeal No. 108 of 1972 allowed in part: the order of the trial judge striking out Issue No. 1 and the last part of Issue No. 3 was set aside and Issue No. 1 restored as recast by the Court; in other respects Civil Appeal No. 108 of 1972 was dismissed (striking out of interrogatories upheld). Civil Appeal No. 109 of 1972 allowed in full: the amendments to paragraphs 2 and 5 of the election petition were allowed, with liberty to the respondent to file any additional written statement. No order as to costs.