Apex court digest - Jan.2017 [2],

interpretation  of Section 123(3) of the Representation of the People Act, 1951 to a  Bench  of
seven judges has its origins in three decisions of this Court .= 
scope and  what  constitutes  a  corrupt  practice  under  sub-sections (3) or (3A) of Section 123 of  the  Representation  of  the  People Act, 1951 (for short, ‘the Act’) needs to  be  clearly  and authoritatively laid down to  avoid  a  miscarriage  of  justice  in  interpreting  ‘corrupt practice’=

The provisions of sub-section (3) of Section 123 of  the  Representation  of
the People Act, 1951 are required to be read and appreciated in the  context
of simultaneous and contemporaneous amendments  inserting  sub-section  (3A)
in Section 123 of the Act and inserting Section 153A  in  the  Indian  Penal
So read together, and for maintaining the purity of  the  electoral  process
and not vitiating it, sub-section (3) of Section 123 of  the  Representation
of the People Act, 1951 must be given a broad and  purposive  interpretation
thereby bringing within the sweep of a corrupt practice
any appeal  made  to an elector by a candidate or his agent or  by  any  other  person  with  the
consent of a candidate or his election agent to vote or refrain from  voting for the furtherance of the prospects of the election of  that  candidate  or for prejudicially affecting the election of any candidate on the  ground  of the religion, race, caste, community or language of  (i)  any  candidate  or
(ii) his agent or (iii) any other person making the appeal with the  consent of the candidate or (iv) the elector.
It is a matter of evidence for determining whether  an  appeal  has  at  all
been made to an elector and whether the appeal if made is  in  violation  of
the provisions of sub-section (3) of Section 123 of  the  Representation  of
the People Act, 1951.

 The reference is answered as  above  and  the  matter  may  be  placed
before Hon’ble the Chief Justice for necessary orders.

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