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
Code.
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.
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
Code.
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.