Committee and used by the candidate, the amount spent by the Congress
Committee could not be taken to be included in the expenditure of the candidate’s
election expenses (See Hans Raj v. Pt. Hari Ram. (1968) 40 El LR 125 (SC).
117. Expenses incurred by a political party in support of its candidates have
been held by this Court not to fall within the mischief of Section 123 (6) of the 1951
Act (See Shah Jayantilal Ambalal v. Kasturilal Nagindas Doshi, (1969) 42 Ele LR
307 (SC). In Rananjaye Singh v. Baijanath Singh, (1955) 1 SCR 671 = (AIR 1954 SC
749) this Court pointed out that expenses must be incurred or authorised by the
candidate or his agent. In that case the Manager, the Assistant Manager, 20
Ziladars and their peons were alleged to have worked for the election of the
appellant. This Court held that the employment of extra persons and the incurring
or authorising of extra expenditure was not by the candidate or his election agent.
The extra men employed and paid were in the employment of the father of the
appellant. This Court said that the position in law could not be at all different if the
father had given those employees a holiday on full pay and they voluntarily worked
in connection with the election of the appellant. Persons who volunteer to work
cannot be said to be employed or paid by the candidate or by his election agent.
118. In Ram Dayal v. Brijraj Singh, (1970) 1 SCR 530 = (AIR 1970 SC 530) the
appellant challenged the election of the respondent on the ground that the Maharaja
and the Rajmata of Gwalior had helped the respondent’s election in a number of
waves and acted as his agents and the respondent incurred considerable expenditure
which exceeded the limit. This Court found that assuming the expenditure was
incurred by the Maharaja and the Rajmata of Gwalior for the purpose of
canvassing votes, in the absence of any evidence to show that the Maharaja and the
Rajmata acted as election agents or that the expenditure was authorised by the
respondent. It was not liable to be included in the election expenses.
119. On behalf of the respondent it was said reliving on the decision of this Court
in Kanwar Lal Gupta’s case, AIR 1975 SC 308 (supra) that if the candidate takes
advantage of expenditure incurred by the political part in connection with the
election of the candidate or participates in the programme of activity or fails to
disavow the expenditure the candidate cannot escape the rigour of the ceiling by
saving that he has not incurred the expenditure but his political party has done so.
Expenditure incurred by a political party in connection with the election of the
candidates of the party is not a part of the election expenses of the candidate.
Similarly, participation in the programme of activity organised by a political party
will not fall within the election expenses of the candidate of the party. A candidate is
not required to disavow or denounce the expenditure incurred or authorised by the
political party because the expenditure is neither incurred nor authorised by the
candidate. One can disavow what would be ascribed to be incurred or authorised by
one. In the case of expenses of a political party there is no question of disavowing
expenditure incurred or authorised by the political party.
120. The decision in Kanwar Lal Gupta’s case AIR 1975 SC 308 (supra) was
based on an observation extracted from the decision of this Court in Megh Raj
Patodia v. R.K. Birla (1971) 2 SCR 118 = (AIR 1971 Sc 1295). In Megh Raj
Patodia’s case (supra) the allegations were that the respondent had been put up by
one of the wealthiest business houses in the country which owned or controlled a
large number of companies and during the election campaign vast material and