BACHAN SINGH versus PRITHVI SINGH & ORS.

BACHAN SINGH versus PRITHVI SINGH & ORS.

The mere appointment of an armed forces member as polling agent and the publication of posters with photographs of political and military leaders did not amount to corrupt practice or undue influence under s.123(2) or (7) of the Representation of the People Act, 1951. The allegations were not sufficiently proved, and the acts complained of were not within the statutory mischief post-amendment.

Parties
Appellant: Bachan Singh; Respondent: Prithvi Singh Azad
Jurisdiction
India
Judgment Date
05 February 1975
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed with costs
Legal Topics
Undue Influence, Corrupt Practice, Armed Forces Participation, Election Posters
Election Law Undue Influence Corrupt Practice Armed Forces Participation Election Posters

Case Brief

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Parties

Bachan Singh

Appellant

Prithvi Singh Azad

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether appointing or engaging a member of the armed forces as polling agent amounts to a corrupt practice under s.123(7) of the Representation of the People Act, 1951
  2. 2 Whether the publication and dissemination of election posters bearing the pictures of the Prime Minister, ministers, and armed forces chiefs amount to undue influence under s.123(2) of the Representation of the People Act, 1951

Ratio Decidendi

The mere appointment of an armed forces member as polling agent and the publication of posters with photographs of political and military leaders did not amount to corrupt practice or undue influence under s.123(2) or (7) of the Representation of the People Act, 1951. The allegations were not sufficiently proved, and the acts complained of were not within the statutory mischief post-amendment.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs