Case Note & Summary
The appeal arose from an election petition filed by an unsuccessful candidate challenging the election of the returned candidate, who contested as a Congress nominee for a parliamentary constituency. The election petition alleged multiple corrupt practices under Section 123 of the Representation of the People Act, 1951. The first accusation involved the state government, in which the Congress party held power, issuing an ordinance shortly before the election granting exemption from land revenue to certain agricultural holdings. The opposition parties initiated a campaign that the exemption was temporary and aimed at land forfeiture; the Chief Minister refuted this and urged voters to support the Congress. The second allegation was that on the eve of the election, the Chief Minister announced an increase in dearness allowance to certain government employees. The third allegation was that the respondent or his agents distributed dummy ballot papers which displayed the respondent’s name and election symbol but omitted the appellant’s symbol, thereby creating a false impression that the appellant had withdrawn his candidature. Additionally, it was alleged that the respondent and his agents told voters that the appellant had withdrawn. The petition sought to set aside the election on the ground that these acts amounted to corrupt practices. The case required the court to examine whether such conduct fell within the ambit of corrupt practices as defined under Section 123 of the Representation of the People Act, 1951. The judgment of the Supreme Court, however, is not provided in the excerpt; only the allegations are detailed.
Issue of Consideration
Whether the distribution of dummy ballot papers omitting the election symbol of the unsuccessful candidate, the issuance of a government ordinance granting land revenue exemption to agriculturists, and the announcement of increased dearness allowance to government employees on the eve of election constituted corrupt practices under Section 123 of the Representation of the People Act, 1951.
