SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI, A.V.VARADARAJAN
Ram Singh – Appellant
Versus
Col. Ram Singh – Respondent
JUDGMENT
FAZAL ALI, J. (Majority view): — The election process in our country has become an extremely complex and complicated system and indeed a very difficult and delicate affair. Sometimes, the election-petitioner, who has lost the election from a particular constituency, makes out on the surface such a probable feature and presents falsehood dexterously dressed in such a fashion as the truth being buried somewhere deep into the roots of the case so as to be invisible, looks like falsehood which is depicted in the garb of an attractive, imposing and charming dress as a result of which some courts are prone to fall into the trap and hold as true what is downright false. If, however, the lid is carefully opened, and the Veil is lifted, the face of falsehood disappears and truth comes out victorious.
2. In such cases the judicial process and the judicial approach has to be both pragmatic and progressive so that the deepest possible probe is made to get at the real truth out of a heap of dust and cloud. This is indeed a herculean task and unless the court is extremely careful and vigilant, the truth may be so completely camouflaged that falsehood may look like real truth.
3. Of cours
relied on : Yusufalli Esmail Nagree v. State of Maharashtra
R.M. Malkani v. State of Maharashtra
ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra
referred to : Pratap Singh v. State of Punjab
relied on : Ram Dial v. Sant Lal
Samant N. Balakrishna v. George Fernandez
Ch. Razik Ram v. Ch. Jaswant Singh Chouhan
Salahuddin Owasi v. Mohd. Usman Shaheed
Ram Sharan Yadav v. Thakur Muneshwar Nath Singh
Sardar Hartharan Singh v. Sardar Sajjan Singh
Moti Lal v. Chandra PratapTiwari
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