KULTAR SINGH versus MUKHTIAR SINGH

KULTAR SINGH versus MUKHTIAR SINGH

The poster's references to 'Panth' refer to the Akali Dal political party and do not constitute an appeal to voters on religious grounds. Therefore, the distribution of the poster Ext. p. 10 by the appellant did not amount to a corrupt practice under section 123(3) of the Act.

Parties
Appellant: Kultar Singh; Respondent: Mukhtiar Singh
Jurisdiction
India
Judgment Date
17 April 1964
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated May 31, 1963, of the Punjab High Court in F.a.o. No. 5 E of 1962
Outcome
Appeal allowed
Legal Topics
Corrupt Practice, Appeal to Religion, Interpretation of Election Speech/poster
Election Law Corrupt Practice Appeal to Religion Interpretation of Election Speech/poster

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Parties

Kultar Singh

Appellant

Mukhtiar Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated May 31, 1963, of the Punjab High Court in F.a.o. No. 5 E of 1962

Legal Issues

  1. 1 Whether distribution of poster Ext. p. 10 by the appellant amounted to a corrupt practice under section 123(3) of the Representation of the People Act, 1951

Ratio Decidendi

The poster's references to 'Panth' refer to the Akali Dal political party and do not constitute an appeal to voters on religious grounds. Therefore, the distribution of the poster Ext. p. 10 by the appellant did not amount to a corrupt practice under section 123(3) of the Act.

Court Disposition

Appeal allowed

Orders

  • Decision of the High Court is set aside
  • Election petition filed by the respondent is dismissed with costs throughout