RAM DIAL versus SANT LAL AND OTHERS

The use of religious authority to issue commands to voters, accompanied by threats of divine displeasure and spiritual censure for disobedience, amounts to undue influence under s. 123(2) of the Representation of the People Act, 1951; Indian law is concerned with acts calculated to interfere with free exercise of electoral rights, not actual effect on individuals.

Parties: Appellant: Ram Dial; Respondent No. 1: Sant Lal; Respondent No. 3: Election Commission of India
Jurisdiction: India
Judgment Date: 23 April 1959
Procedural Posture: Civil Appeal / Supreme Court Appeal Following Certificate of Fitness From the Punjab High Court, Against Judgment Dismissing Appeal From Election Tribunal Decision
Outcome: Appeal dismissed
Legal Topics: Corrupt Practices, Undue Influence, Religious Influence in Elections

Election Law Corrupt Practices Undue Influence Religious Influence in Elections

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Ram Dial

Appellant

Sant Lal

Respondent No. 1

Election Commission of India

Respondent No. 3

Procedural Posture

Civil Appeal / Supreme Court Appeal Following Certificate of Fitness From the Punjab High Court, Against Judgment Dismissing Appeal From Election Tribunal Decision

Legal Issues

1 Whether the acts and statements by the religious leader amounted to the corrupt practice of undue influence under s. 123(2) of the Representation of the People Act, 1951

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Election of the appellant declared void under s. 100(1)(b) of the Representation of the People Act, 1951
Appellant to pay costs to respondent No. 1