OM PRABHA JAIN versus ABNASH CHAND & ANR.

OM PRABHA JAIN versus ABNASH CHAND & ANR.

There was no evidence that the discretionary grants were made as part of a bargain with voters; the payments were done in the ordinary course of ministerial duties for public utility before election candidature was even recognized.

Parties
Appellant: Prabha Jain; Respondent: Abnash Chand
Jurisdiction
India
Judgment Date
07 February 1968
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision in Election Petition No. 19 of 1967
Outcome
Appeal allowed
Legal Topics
Corrupt Practices, Discretionary Grant, Ministerial Duties, Bribery in Elections
Election Law Corrupt Practices Discretionary Grant Ministerial Duties Bribery in Elections

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Parties

Prabha Jain

Appellant

Abnash Chand

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision in Election Petition No. 19 of 1967

Legal Issues

  1. 1 Whether discretionary grant by Minister amounts to corrupt practice under Election Law

Ratio Decidendi

There was no evidence that the discretionary grants were made as part of a bargain with voters; the payments were done in the ordinary course of ministerial duties for public utility before election candidature was even recognized.

Court Disposition

Appeal allowed

Orders

  • Election of appellant restored
  • No order as to costs