DR. Y. S. PARMAR versus SH. HIRA SINGH PAUL AND ANOTHER

DR. Y. S. PARMAR versus SH. HIRA SINGH PAUL AND ANOTHER

A statutory presumption arises under s.123(7) Explanation (2) of the Representation of the People Act, 1951, that a candidate who appoints a person as polling agent procures that person's assistance for the furtherance of the candidate’s election, regardless of whether the candidate knows that person is in government service; thus, the requirement of mens rea or knowledge does not apply.

Parties
Appellant: Dr. Y. S. Parmar; Respondent: Sh. Hira Singh Paul; Respondent: Election Commission
Jurisdiction
India
Judgment Date
17 October 1958
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Judicial Commissioner's Court, Himachal Pradesh
Outcome
appeal dismissed
Legal Topics
Corrupt Practice, Polling Agent Appointment, Mens Rea, Representation of the People Act
Election Law Corrupt Practice Polling Agent Appointment Mens Rea Representation of the People Act

Case Brief

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Parties

Dr. Y. S. Parmar

Appellant

Sh. Hira Singh Paul

Respondent

Election Commission

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Judicial Commissioner's Court, Himachal Pradesh

Legal Issues

  1. 1 Whether the appellant was guilty of committing a corrupt practice under s.123(7) of the Representation of the People Act, 1951, by appointing a member of the armed forces as polling agent without knowledge of his status.
  2. 2 Whether knowledge or mens rea is a necessary ingredient for the offence under s.123(7) in such circumstances.

Ratio Decidendi

A statutory presumption arises under s.123(7) Explanation (2) of the Representation of the People Act, 1951, that a candidate who appoints a person as polling agent procures that person's assistance for the furtherance of the candidate’s election, regardless of whether the candidate knows that person is in government service; thus, the requirement of mens rea or knowledge does not apply.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The appellant's election is void.