Case Note & Summary
The dispute arose from an election petition filed by the appellant against the respondent, who was elected to the Bihar Legislative Assembly. The appellant alleged corrupt practices, specifically that the respondent procured a jeep for the free conveyance of voters to the polling station during the election held on June 12, 1977. The election petition was filed on July 18, 1977, after the respondent was declared elected. The trial judge dismissed the petition, ruling that the evidence did not sufficiently establish that the respondent procured the jeep or that it was used for corrupt practices. The Supreme Court, however, found that the appellant had satisfactorily proven all elements required under Section 123(5) of the Representation of the People Act, 1951. The court noted that the jeep was indeed used to carry voters free of charge and that the respondent had a close relationship with the jeep's owner, Kabir Ahmed, who was also involved in the election campaign. The court criticized the trial judge's conclusion that the evidence only indicated an attempt at corrupt practice rather than actual corrupt practice. Ultimately, the Supreme Court allowed the appeal, holding the respondent guilty of corrupt practice and imposing costs on him.
Headnote
A) Election Law - Corrupt Practice - Free Conveyance of Voters - Requirements for Proving Corrupt Practice - Representation of the People Act, 1951, Section 123(5) - The court held that the appellant satisfactorily proved all three requirements of Section 123(5) regarding the hiring or procuring of a vehicle for the free conveyance of voters, establishing the respondent's guilt of corrupt practice. (Paras 27D-E) B) Election Law - Evidence Scrutiny - Quasi-Criminal Nature of Election Petitions - Representation of the People Act, 1951, Section 123(5) - The court emphasized the need for scrupulous care in scrutinizing evidence related to corrupt practices in election petitions, affirming the importance of rigorous standards in such cases. (Paras 16H, 27G)
Issue of Consideration
Whether the respondent committed corrupt practice under Section 123(5) of the Representation of the People Act, 1951 by procuring a vehicle for the free conveyance of voters.
Final Decision
The Supreme Court allowed the appeal, holding that the respondent was guilty of corrupt practice under Section 123(5) of the Representation of the People Act, 1951, and imposed costs of Rs. 5,000.
Law Points
- Corrupt practice
- Election petition
- Free conveyance of voters
- Representation of the People Act
- 1951
- Section 123(5)
- Evidence scrutiny
