SATYA DEV BUSHAHRI versus PADAM DEVAND OTHERS

SATYA DEV BUSHAHRI versus PADAM DEVAND OTHERS

A contract with the Chief Commissioner in a Part C State is a contract with the Central Government under the General Clauses Act, but the finding of fact is that no such contracts subsisted at the relevant time, so no disqualification arises. Appointment of a government servant as a polling agent, without further abuse, does not constitute a corrupt practice under section 123(8).

Parties
Petitioner: Satya Dev Bushahri; Respondent: Padam Dev and Others
Jurisdiction
India
Judgment Date
18 October 1954
Procedural Posture
Application for Review of Supreme Court Judgment in Civil Appeal No. 52 of 1954 / Review Application Before Supreme Court
Outcome
Petition for review dismissed
Legal Topics
Disqualification of Candidates, Interpretation of 'central Government' and 'state Government', Corrupt Practices Under Election Law, Appointment of Government Servants as Polling Agents
Election Law Administrative Law Constitutional Law Disqualification of Candidates Interpretation of 'central Government' and 'state Government' Corrupt Practices Under Election Law Appointment of Government Servants as Polling Agents

Case Brief

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Parties

Satya Dev Bushahri

Petitioner

Padam Dev and Others

Respondent

Procedural Posture

Application for Review of Supreme Court Judgment in Civil Appeal No. 52 of 1954 / Review Application Before Supreme Court

Legal Issues

  1. 1 Whether contracts with the Chief Commissioner of a Part C State constitute contracts with the Central Government for the purposes of election disqualification under section 17 of Act No. XLIX of 1951, read with section 7(d) of Act No. XLIII of 1951
  2. 2 Whether appointment of government servants as polling agents contravenes section 123(8) of Act No. XLIII of 1951

Ratio Decidendi

A contract with the Chief Commissioner in a Part C State is a contract with the Central Government under the General Clauses Act, but the finding of fact is that no such contracts subsisted at the relevant time, so no disqualification arises. Appointment of a government servant as a polling agent, without further abuse, does not constitute a corrupt practice under section 123(8).

Court Disposition

Petition for review dismissed

Orders

  • Petition dismissed without costs