(Para 435)
As the assistance which K may have rendered was entirely voluntary
without any request or solicitation from the respondent it did not make any
difference to the result even if K had continued to be a Government servant
upto 25-1-1971.
(Para 428)
The answer of the Prime Minister at the Press Conference on 29-12-1970
or the contents of her speech in Comibatore in early January, 1971 or even a
declaration or announcement of the All India congress Committee on 29-11971 assuming that there was such an announcement could not mean that
the Prime Minister had herself finally decided to contest from the Rae
Bareily constituency and had held herself out as a candidate for this
constituency. This holding out had to take place by the Prime Minister
herself and not by the Congress Committee.
(Para 451)
(D) Representation of the People Act (1951). Section 123 (3) –
Corrupt practice – Use of religious symbol – Cow and Calf is not a
religious symbol.
Per Ray C. J : – It is impossible to hold that because one party has not
been given the symbol of cow, calf and milk-maid, therefore, the symbol of
cow and calf becomes a religious symbol.
(Para 156)
Per Beg. J. : – A cow is not a religious symbol. The use of pictures of this
excellent and useful animal is so frequently made today for commercial
purposes or purposes other than religious that the representation of a cow
and calf cannot, except in some special and purely religious contexts be held
to have a religious significance. In addition the proviso inserted at the end of
Section 123 (3) by Act 40 of 1975 has made the position on this point very
clear.
(Paras 484, 486)
(E) Representation of the People Act (1951), Section 123 (7)
proviso (as inserted by Act 40 of 1975) – Official duty – Meaning.
Per Ray. C.J. : – Official duty will be a duty in law. Official duty will be
duty under administrative directions of the Executive. Official duty will be
for security, law and order, and matters in aid of public purpose. These duties
will be in connection with election. To illustrate, Section 197 of the Criminal
Procedure Code speaks of official duty.
(Para 149)
Per Khanna J. : – There is nothing in the above proviso to confine the
world ‘‘official duty’’ to duty imposed by statute. Official duty would include
not merely duties imposed by statutes but also those which have to be carried
out in pursuance of administrative instructions.
(Para 223)