"Sir, I bag to say that the District Congress Committee, Rae Bareily has
taken the following cars for election purposes in the three Parliamentary
Constituencies, Rae Bareily, Amethi and Ram Sanehi Ghat. You may,
therefore, kindly release them."
After giving numbers of the vehicles the letter proceeds :
"It is therefore requested that the abovesaid cars may kindly be released
without delay. The letter of the President of District Congress Committee
about the abovesaid cars in enclosed here-with."
The letter of the President of the Committee, mentioned by Shri Kapur
was a rather urgent request made to him by Shri Dal Bahadur Singh on 24-21971 (Ex. A-43), after informing him that he is in difficulties as he had tried
to find out unsuccessfully the whereabouts of Shri V. Vajpayee, who was
contesting election from Amethi Parliamentary Constituency and of Shri
Baiznath Kureel, who was contesting the election from Ram Sanehi
Parliamentary Constituency. He, therefore, asked Shri Kapur the election
agent of the original respondent, to send a letter to the District Officer, who
had refused to release the vehicles without the endorsement of the candidate
concerned or his or her election agent.
500. It is clear from the abovementioned correspondence that Shri Kapur
was not speaking on behalf of the other two candidates of adjoining
Parliamentary Constituencies. He was not even undertaking to pay anything
for the use of the vehicles on behalf of the original respondent. Shri Kapur
also did not state that these vehicles were needed for work in the original
respondent's constituency. He merely forwarded the latter with a request for
compliance with what Shri D.B. Singh wanted Shri Dal Bahadur Singh was
concerned and entrusted with conducting electioneering work in three
adjoining Parliamentary Constituencies successfully. He had, therefore,
made a frantic appeal to Shri Kapur to come to his help.Shri Kapur, without
concealing any fact, had sent this very letter with a request for the release of
the vehicles to the District Officer concerned. On this evidence the learned
Judge came to the conclusion that it was not possible to say which vehicles,
said to be jeeps had been utlized for election work and in which constituency.
The learned Judge after considering the evidence recorded the finding that it
was not possible to hold that the 23 vehicles in question had been used
exclusively for the purposes of the election of the original respondent and not
for "general party propaganda purposes" for which the original respondent
was not liable to pay.
501. In Hans Raj v. Hari Ram. (1972) 40 Ele LR 125 at pp. 128-129 (SC)
this Court in a similar situation said :
"Whichever way one looks at the matter it is quite clear in view of the
decision of this Court reported in Rananjaya Singh v. Baijnath Singh. (1955)
1 SCR 671 = (AIR 1954 SC 749) that the expenditure must be by the
candidate himself and any expenditure in this interest by others (not his
agents within the meaning of the term in the election law) is not to be taken
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