ABHIRAM SINGH versus C.D. COMMACHEN (DEAD) BY LRS. & ORS.

ABHIRAM SINGH versus C.D. COMMACHEN (DEAD) BY LRS. & ORS.

By majority, Section 123(3) of the Representation of the People Act, 1951 should be given a broad and purposive interpretation to include appeals on the ground of religion, race, caste, community or language of any candidate, his agent, any other person with consent, or the elector; such appeals amount to corrupt practice. Minority view holds Section 123(3) should be interpreted strictly and refers only to candidate or rival candidates, not voters.

Parties
Appellant: Abhiram Singh; Respondents: C.D. Commachen (Dead) by LRs. & Ors.
Jurisdiction
India
Judgment Date
02 January 2017
Procedural Posture
Civil Appeal / Reference Answered; Matter to Be Listed Before Regular Bench
Outcome
Reference answered; appeals to be listed before regular bench for hearing.
Legal Topics
Interpretation of Section 123(3) Representation of the People Act, 1951, Corrupt Practices in Elections, Statutory Interpretation (literal Vs Purposive), Secularism in Election Process, Judicial Precedent Review
Election Law Constitutional Law Interpretation of Section 123(3) Representation of the People Act, 1951 Corrupt Practices in Elections Statutory Interpretation (literal Vs Purposive) Secularism in Election Process Judicial Precedent Review

Case Brief

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Parties

Abhiram Singh

Appellant

C.D. Commachen (Dead) by LRs. & Ors.

Respondents

Procedural Posture

Civil Appeal / Reference Answered; Matter to Be Listed Before Regular Bench

Legal Issues

  1. 1 Whether Section 123(3) of the Representation of the People Act, 1951 prohibits appeals to voters based on religion, race, caste, community or language only of the candidate or also of the elector.
  2. 2 Whether long-standing interpretation of Section 123(3) can be unsettled.
  3. 3 Appropriate rule of statutory interpretation to be applied for penal provisions in election law.

Ratio Decidendi

By majority, Section 123(3) of the Representation of the People Act, 1951 should be given a broad and purposive interpretation to include appeals on the ground of religion, race, caste, community or language of any candidate, his agent, any other person with consent, or the elector; such appeals amount to corrupt practice. Minority view holds Section 123(3) should be interpreted strictly and refers only to candidate or rival candidates, not voters.

Court Disposition

Reference answered; appeals to be listed before regular bench for hearing.

Orders

  • Reference answered as per majority; matter to be listed before regular bench.
  • Registry directed to place papers before Hon'ble Chief Justice of India for orders.