SATYA DEV BUSHAHRI* versus PADAM DEV AND OTHERS.

SATYA DEV BUSHAHRI* versus PADAM DEV AND OTHERS.

Section 7(d) of the Representation of the People Act, 1951 was not extended to elections in Part C States by Government of Part C States Act, 1951, and only contracts with the Central Government could cause disqualification for Parliament; contracts with the State Government do not disqualify a candidate for the State Assembly under section 17. Proposing or seconding by government servants and appointment as polling agent do not constitute an infringement of s.123(8).

Parties
Appellant: Satya Dev Bushahri; Respondent: Padam Dev; Respondent: Gyan Singh; Proposer: Daulataram; Seconder: Motiram; Polling Agent: Sital Singh
Jurisdiction
India
Judgment Date
25 May 1954
Procedural Posture
Civil Appeal / Appeal by Special Leave From Election Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Disqualification of Candidates, Government Contracts and Elections, Appointment of Government Servants as Polling Agents, Proposing or Seconding Nomination Papers by Government Servants
Election Law Constitutional Law Disqualification of Candidates Government Contracts and Elections Appointment of Government Servants as Polling Agents Proposing or Seconding Nomination Papers by Government Servants

Case Brief

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Parties

Satya Dev Bushahri

Appellant

Padam Dev

Respondent

Gyan Singh

Respondent

Daulataram

Proposer

Motiram

Seconder

Sital Singh

Polling Agent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Election Tribunal Decision

Legal Issues

  1. 1 Whether s.7(d) of Representation of the People Act, 1951, applies to elections in Part C States and disqualifies a candidate for contracts with the State Government
  2. 2 Whether proposing or seconding nomination papers by government servants is prohibited by s.123(8) of Representation of the People Act, 1951
  3. 3 Whether the appointment of a government servant as a polling agent infringes s.123(8) of the Representation of the People Act, 1951

Ratio Decidendi

Section 7(d) of the Representation of the People Act, 1951 was not extended to elections in Part C States by Government of Part C States Act, 1951, and only contracts with the Central Government could cause disqualification for Parliament; contracts with the State Government do not disqualify a candidate for the State Assembly under section 17. Proposing or seconding by government servants and appointment as polling agent do not constitute an infringement of s.123(8).

Court Disposition

Appeal dismissed

Orders

  • Election Tribunal's findings upheld
  • Padam Dev not disqualified under section 7(d) or section 123(8)