rostrums and for supply of power for loudspeakers cannot be deemed to be
assistance for the furtherancee of the prospects of that candidate's election.
109. The respondent contended that Exhibit 118 which was the Bank account of
the District Congress Committee showed on the one hand that there was deposit of
Rs.69,930/- on 4th March, 1971 and on the other there was a withdrawl of
Rs.40,000/- on 4th March, 1971 and of Rs. 25,000/- on 6th March, 1971 and
therefore, the sum of Rs.65,000/- should be added to the election expenses of the
appellant. When it was put to Yashpal Kapur that the sums of Rs.40,000/- and
Rs.25,000/- were withdrawn by Dal Bahadur Singh, Yashpal Kapur said that he was
not aware of it. There is no pleading in the election petition that the appellant
authorised incurring expenditure by a political party. There is no pleading that any
amount has been paid by the political party. There is no complaint in the petition
about the sum of Rs.65,000/- or the sum of Rs.69,930/- Yashpal Kapur denied
knowledge of Rs. 70,000/-. The appellant was not asked a single question. There is
no evidence to identify any of these payments with the election of the appellant.
110. It is appropriate at this stage to refer to the amendment which was
introduced by the Amendment Act. 1974. The appellant relies on the provision to
show that expenses incurred or authorised by a political Party cannot be included in
election expenses. Explanation I which was inserted at the end of Section 77 of the
1951 Act by Amendment Act, 1974 is that any expenditure incurred or authorised in
connection with the election of a candidate by a politcal party or by any other
association or body of persons or by an individual other than the candidate or his
election agent shall not be deemed to be and shall not ever be deemed to have been
expenditure in connection with the election incurred or authorised by the candidate
or by his election agent.
111. A proviso was also added to the aforesaid Explanation I by the Amendment
Act, 1974. The proviso stated that nothing contained in the Explanation shall affect
(a) any judgement, order or decision of the Supreme Court whereby the election of a
candidate to the House of the People or to the Legislative Assembly of a State has
been declared void or set aside before the commencement of the Representation of
the People (Amendment) Ordinance, 1974; (b) any judgement, order or decision of a
High Court where-by the election of any such candidate has been declared void or
set aside before the commencement of the said Ordinance if no appeal has been
preferred to the Supreme Court against such judgment, order or decision of the
High Court before such commencement and the period of limitation for filing such
appeal has expired before such commencement.
112. Explanation 2 which was added to Section 77 of the 1951 Act by the
Amendment Act. 1974 is as follows:—
“For the purposes of Explanation I “political party” shall have the same
meaning as in the Election Symbols (Reservation and Allotment) Order. 1968, as for
the time being in force.”
113. Counsel for the respondent relied on the recent decision of this Court in
Kanwar Lal Gupta v. Amarnath Chawla, AIR 1975 SC 308 in support of the
proposition that there has been no change in law and if expenses incurred by a
political party can be identified with the election of a candidate then that
expenditure is to be added to the election expenses of a candidate as being
authorised by him. There are no findings by the High Court in the present appeals