why the legislators wisely interdicated not only the incurring but also the
authorising of excessive expenditure by a candidate. When the political party
sponsoring a candidate incurs expenditure in connection with his election, as
distinguished from expenditure on general party propaganda and the
candidate knowingly takes advantage of it or participates in the programme
or activity or fails to disavow the expenditure or consents to it or acquiesces
in it, it would be reasonable to infer, save in special circumstances, that he
impolitely authorised the political party to incur such expenditure and he
cannot escape the rigour of the ceiling by saying that he has not incurred the
expenditure, but his political party has done so. A party candidate does not
stand apart from his political party and if the political party does not want
the candidate to incur the disqualification, it must exercise control over the
expenditure which may be incurred by it directly to promote the poll
prospects of the candidate. The same proposition must also hold good in case
of expenditure incurred by friends and supporters directly in connection with
the election of the candidate."
491. After making the above-mentioned observations, the apparently
broad sweep of the observations was limited as follows :
"It may be contended that this would considerably inhibit the electoral
campaign of political parties but we do not think so. In the first place a
political party is free to incur any expenditure it likes on its general party
propaganda though, of course, in this area also some limitative ceiling is
eminently desirable coupled with filing of return of expenses and an
independent machinery to investigate and take action. It is only where
expenditure is incurred which can be identified with the election of a given
candidate that it would be liable to be added to the expenditure of that
candidate as being impliedly authorised by him. Secondly if there is
continous community involvement in political administration punctuated by
activated phases of well-discussed choice of candidates by popular
participation in the process of nomination, much of unnecessary expenditure
which is incurred today could be avoided."
492. It is not necessary to quote further from the judgement which
suggests taking of steps for reform of electoral machinery so as to ensure
"choice of candidates by popular participation in the process of nomination",
because that would take us into a territory beyond mere interpretation of the
law as it exists. It is clear from the passages cited and later parts of the
judgment that the earlier decisions of this Court, requiring proof of
authorisation by the candidate of the election expenditure for which he could
be held responsible, and, in particular Rananjaya Singh v. Baijnath Singh,
(1955) 1 SCR 671 = (AIR 1954 SC 749) which I shall refer to again a little
later, are considered. It is enough to observe that the passages quoted above
rest on the assumption that where there are special circumstances in a case
which constitute a political party an implied agent of the candidate himself,
the candidate will be responsible. It was also suggested there that a political
party itself must exercies some control over the expenses of the candidate it
sets up. The objection was to a candidate merely using the political party as a
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