Representation of the People Act, 1951: s.100(1)(b) r/w s.123(2)(ii) and (4) - Election petition - On the ground that publication, announcement and speeches in relation to personal character and conduct of petitioner, amounted to commission of corrupt practices - High Court dismissed election petition - Held: There was no reliable evidence to show that the printing and distribution of alleged publication was with the consent of returned candidate or his election agent - The speeches, songs and announcements were recorded using other instruments and by feeding them into the computer - CD were made therefrom which were produced in court, without due certification. - Those CDs were not admissible in evidence since the mandatory requirements of s.658 of Evidence Act were not satisfied - There was missing link in chain of circumstances to lead to a reasonable inference on consent by returned candidate with regard to printing - Election petition was rightly dismissed - Evidence Act, 1872 - s. 658.

Evidence Act, 1872: s.658 - Admissibility of electronic record - Held: An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements u/s. 658 are satisfied - Thus, in the case of CD, VCD, chip, etc., the same should be accompanied by the certificate in terms of s. 658 obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible - Information Technology Act, 2000.