GHASI RAM versus DAL SINGH & OTHERS

GHASI RAM versus DAL SINGH & OTHERS

The evidence presented did not establish a bargain for votes nor a direct or indirect offer of gratification to electors in exchange for their votes. The funds were distributed to Panchayats and for general public utility, benefitting supporters and opponents alike, and acts taken were within the ordinary course of ministerial duty. Therefore, no corrupt practice under section 123 was proved.

Parties
Appellant: Ghasi Ram; Respondent No. 1: Dal Singh; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
07 February 1968
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment and Order Dated September 12, 1967 in Election Petition No. 24 of 1967
Outcome
Appeal dismissed
Legal Topics
Corrupt Practices, Bribery, Discretionary Grants, Undue Influence, Ministerial Conduct During Elections
Election Law Corrupt Practices Bribery Discretionary Grants Undue Influence Ministerial Conduct During Elections

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Parties

Ghasi Ram

Appellant

Dal Singh

Respondent No. 1

Other Respondents

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Judgment and Order Dated September 12, 1967 in Election Petition No. 24 of 1967

Legal Issues

  1. 1 Whether use of discretionary funds by a Minister for public works in constituency on the eve of elections amounts to corrupt practice under the Representation of the People Act, 1951
  2. 2 Whether payments to Gram Panchayats, provision of facilities, or promises constitute bribery or undue influence
  3. 3 Whether evidence established a bargain for votes

Ratio Decidendi

The evidence presented did not establish a bargain for votes nor a direct or indirect offer of gratification to electors in exchange for their votes. The funds were distributed to Panchayats and for general public utility, benefitting supporters and opponents alike, and acts taken were within the ordinary course of ministerial duty. Therefore, no corrupt practice under section 123 was proved.

Court Disposition

Appeal dismissed

Orders

  • There shall be no order about costs.