beyond reasonable doubt unless the chain of circumstances is so complete and
so connected with the charge that it leaves no other reasonable hypothesis
open for the Court to adopt except that the offender had committed the
offence alleged. AIR 1975 SC 1417 Foll.
(Para 414)
The logical consequence of placing a charge of corrupt practice on the
same footing as a criminal charge is obligation to interpret the words which
define it strictly and narrowly. Indeed, any natural and ordinary
interpretation on the words ‘‘obtaining or procuring or abetting or attempting
must carry with it the imperative requirement that the candidate concerned
or his agent must have intentionally done an act which has the effect
contemplated by Section 123 (7). In other words a ‘‘means rea’’ or a guilty
mind as well as an "actus reus" or a wrongful act must concur to produce the
result contemplated by law. Ele. Petn. No. 5 of 1971. D/- 12-6-1975 (All),
Reversed. (Case law discussed). Observations to the contrary in AIR 1959 SC
244. Dissented from
(On the facts of the case it was held that there could not be any means rea
on the part of the returned candidate).
(Paras 429, 472)
(J) Representation of the People Act (1951), S. 123 (7) – Corrupt
practice – Obtaining or procuring assistance from Government
servant – ‘‘Obtaining or procuring or abetting or attempting to
obtain or procure’’ – What amounts to Ele. Petn. No. 5 of 1971, D/- 126-1975 (All) Reversed.
Per Beg. J. : – ‘‘The obtaining or procuring or abetting or attempting to
obtain or procure’’ had to take place either by a candidate or by his agent or
by somebody ‘‘with the consent of the candidate or his election agent.’’ Until
the candidate had appointed an election agent the action of any other person
could not constitute him automatically an agent so that he may, by doing
something voluntarily succeed in making the candidate vicariously liable for
his own actions whether he has or was not a gazetted officer at the time when
he committed the act complained or.
(Para 404)
It is the act of solicitation for the aid of the officials mentioned in Section
123 (7), whether successful or not, and not the mere fact that certain
advantages flow quiete naturally and conventionally from the occupation of
an office, without any solicitation, or the mere fact that some assistance is
voluntarily given by some one to an election campaign, which penalised by
the provision.
(Para 408)
One the language of Section 123 (7) a liability is not created by merely not
rejecting voluntarily given aid. The candidate may not often be aware of the
voluntarily given assistance so as to be able to reject it. A case of consent