SHUBNATH DEOGRAM versus RAM NARAIN PRASAD AND OTHERS

SHUBNATH DEOGRAM versus RAM NARAIN PRASAD AND OTHERS

The leaflet Ex. I, taken in context and in light of Adibasi sacrificial practices, constituted an appeal on grounds of religion because it equated votes with food given to a sacrificial cock that would please deities and threatened divine displeasure if voters failed to give such votes; the leaflet was distributed and explained orally at meetings, amounting to a systematic appeal under s.123(3) of the Representation of the People Act, 1951, and accordingly the appellant committed a corrupt practice and his election was liable to be set aside.

Parties
Appellant: Shubnath Deogram; Respondent: Ram Narain Prasad
Jurisdiction
India
Judgment Date
08 October 1959
Procedural Posture
Civil Appeal / On Appeal to the Supreme Court From Patna High Court in an Election Matter
Outcome
Appeal dismissed; election of the appellant set aside for corrupt practice under s.123(3)
Legal Topics
Corrupt Practice, Systematic Appeal on Grounds of Religion, Representation of the People Act, 1951 S.123(3)
Election Law Corrupt Practice Systematic Appeal on Grounds of Religion Representation of the People Act, 1951 S.123(3)

Case Brief

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Parties

Shubnath Deogram

Appellant

Ram Narain Prasad

Respondent

Procedural Posture

Civil Appeal / On Appeal to the Supreme Court From Patna High Court in an Election Matter

Legal Issues

  1. 1 Whether the leaflet constituted an appeal to vote on grounds of religion under s.123(3) of the Representation of the People Act, 1951
  2. 2 Whether there was a systematic appeal (distribution of leaflets and speeches) such as to amount to a corrupt practice under s.123(3)
  3. 3 Whether the appellant was guilty of the corrupt practice alleged and his election therefore void

Ratio Decidendi

The leaflet Ex. I, taken in context and in light of Adibasi sacrificial practices, constituted an appeal on grounds of religion because it equated votes with food given to a sacrificial cock that would please deities and threatened divine displeasure if voters failed to give such votes; the leaflet was distributed and explained orally at meetings, amounting to a systematic appeal under s.123(3) of the Representation of the People Act, 1951, and accordingly the appellant committed a corrupt practice and his election was liable to be set aside.

Court Disposition

Appeal dismissed; election of the appellant set aside for corrupt practice under s.123(3)

Orders

  • Appeal dismissed with costs
  • Election of the appellant declared void for corrupt practice under s.123(3) of the Representation of the People Act, 1951