SHRI UMED versus RAJ SINGH & ORS.

SHRI UMED versus RAJ SINGH & ORS.

Section 123(1)(A)(a) of the Representation of the People Act, 1951 applies only to the stage of withdrawal of candidature specifically provided for under section 37. It does not cover factual 'retirement from contest' after the statutory date. High Court’s finding of bribery under this section was erroneous. However, there was proof that the appellant procured at least one truck for the free conveyance of electors in violation of section 123(5), which constitutes a corrupt practice warranting confirmation of the order setting aside the election.

Parties
Appellant: Shri Umed; Respondent: Raj Singh; Respondents: Other Contesting Candidates (including Chatru, Tale Ram)
Jurisdiction
India
Judgment Date
28 August 1974
Procedural Posture
Civil Appeal / Final Supreme Court Appellate Judgment
Outcome
Appeal dismissed; High Court order setting aside election confirmed
Legal Topics
Corrupt Practices, Bribery Under the Representation of the People Act, 1951, Interpretation of Election Statutes
Election Law Corrupt Practices Bribery Under the Representation of the People Act, 1951 Interpretation of Election Statutes

Case Brief

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Parties

Shri Umed

Appellant

Raj Singh

Respondent

Other Contesting Candidates (including Chatru, Tale Ram)

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether the appellant committed corrupt practices under the Representation of the People Act, 1951, justifying setting aside the election
  2. 2 Whether the payment to another candidate amounted to bribery under section 123(1)(A)(a)
  3. 3 Whether hiring/procurement of vehicles for free conveyance of electors constituted a corrupt practice under section 123(5)

Ratio Decidendi

Section 123(1)(A)(a) of the Representation of the People Act, 1951 applies only to the stage of withdrawal of candidature specifically provided for under section 37. It does not cover factual 'retirement from contest' after the statutory date. High Court’s finding of bribery under this section was erroneous. However, there was proof that the appellant procured at least one truck for the free conveyance of electors in violation of section 123(5), which constitutes a corrupt practice warranting confirmation of the order setting aside the election.

Court Disposition

Appeal dismissed; High Court order setting aside election confirmed

Orders

  • Order of the High Court setting aside the appellant’s election is confirmed on the ground of corrupt practice under section 123(5) relating to one truck.
  • Finding of corrupt practice by bribery under section 123(1)(A)(a) is set aside.