The proviso to section 99 of the Representation of the People Act, 1951 required notice before a person…
The Court held that, notwithstanding the wideness of the language used, the proviso contemplates notice only to "persons who are not parties to the election petition". The…
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The proviso to section 99 of the Representation of the People Act, 1951 required notice before a person was named in an election tribunal's order as guilty of a corrupt practice. In Tirath Singh v. Bachittar Singh (1955), reading the proviso in its setting, the Supreme Court held that notice was needed only for:
Answer and explanation
Correct answer B
The Court held that, notwithstanding the wideness of the language used, the proviso contemplates notice only to "persons who are not parties to the election petition". The parties already had the chance to meet the charge, so reading the words literally to include them would lead to a result the legislature could not have intended.
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