Subject: Re: [EL] Text of judgement stripping UK MP of seat
From: Shraddhanand Bhutada
Date: 11/14/2010, 7:25 PM
To: "jure.toplak@uni-mb.si" <jure.toplak@uni-mb.si>
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

Yes, in India a similar provision is made in the Representation of the
People Act, 1951 (Section 123 to be precise).

There have been quite a few such cases over the years. However, the
Courts here have often cited the constitutionally guaranteed freedom
of speech and expression while consistently taking a liberal view and
rejecting such challenges.

At the same time, there are some reported instances of elections being
set aside under this provision.

I will try and compile those for the benefit of the members.

On 11/14/10, jure.toplak@uni-mb.si <jure.toplak@uni-mb.si> wrote:
This is extremely interesting. He lost his seat in the UK Parliament
because "before the election and for the purpose of affecting the
return, he made or published several false statements of fact in
relation to the [other candidate's] personal character or conduct which
he had no reasonable grounds for believing to be true and did not
believe to be true."

Is anyone aware of any other democracy where an election is called void
and a candidate gets disqualified when he lies about the other
candidate?

Jurij
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