HM Journal

Prosecution should be initiated in case of giving false evidence before a court

Facts

1- An Election was put aside by the High Court of Karnataka on the ground of illegitimate rejection of nomination papers of the Election Petitioner.

2- The High Court of Karnataka also conducted initiation of prosecution under Section 193 of IPC against the Returning Officer for giving false evidence and contradictory statements.

Observation by Supreme Court-

1- No ground of the Appellant has been established in rejection of the nomination papers of the Election Petitioner.

2- To maintain purity and sanctity of the electoral process, it’s essential to not expose a Returning Officer to Prosecution.

3- “The success of a candidate who has won at an election should not be lightly interfered with” and such success ought not to be made a ground to commence prosecution against the Returning Officer.

Judgement-

The direction by the High Court to prosecute the Appellant Officer was set aside by the Hon’ble Supreme Court.

Judgement name– N.S. Nandiesha Reddy versus Kavitha Mahesh

Judgement Date– 3rd August 2021

Citation– Civil appeal number 4821 0f 2021

By- Shikafa Riyaz

     College name- Dr DY Patil Law College, Pune

     Semester- Second

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