appellant to be void. The High Court also held the appellant to be disqualified for a
period of six years from the date of the order.
89. The definition of “candidate in Section 79(b) of the 1951 Act until the
amendment thereof by the Election Laws (Amendment) Act. 1975 was as follows:—
“ 'Candidate' means a person who has been or claims to have been duly
nominated as a candidate at any election and any such person shall be deemed to
have been a candidate as from the time whom with the election in prospect, he
began to hold himself out as a prospective candidate.”
90. This definition has now been substituted by Section 7 of the Amendment Act,
1975, as follows:—
“ ‘Candidate’ means a person who has been or claims to have been duly
nominated as a candidate at any election.’ ”
91. Section 10 of the Amendment Act, 1975 further enacted that the amendments
shall have retrospective operation so as to apply to and in relation to election held
before the commencement of the Amendment Act, 1975 on 6th August, 1975 to
either House of Parliament or to either House or the House of the Legislature of a
State, inter alia. (iv) in respect of which appeal from any order of any High Court
made in any election petition under Section 98 or Section 99 of the 1951 Act is
pending before the Supreme Court immediately before such commencement.
92. Section 9 of the Amendment Act, 1975 has substituted clause (a) in Section
171-A of the Indian Penal Code and a “candidate” means for the purpose of Section
171-A of the Indian Penal Code a person who has been nominated as a candidate at
any election. Previously the definition of “candidate” in S. 171-A of the Indian Penal
Code was the same as in Section 79(b) of the 1951 Act prior to the amendment
thereof by the Amendment Act, 1975. In Section 171-A of the Indian Penal Code
there was a proviso to the effect that candidate would mean a person who holds
himself out as a prospective candidate provided he is subsequently nominated as a
candidate.
93. Relying on the provisions introduced by the Amendment Act, 1975, it is
contended on behalf of the appellant that she will be regarded as a candidate only
from 1st February, 1971, namely, the date when she has been duly nominated as a
candidate at her election and therefore, the finding of the High Court cannot be
sustained. It is also contended by the appellant that the finding of the High Court
that yashpal Kapur delivered election speeches on 7th January, 1971 and 19th
January. 1971 under instructions of the appellant cannot be supported because the
appellant was not a candidate either on 7th January, 1971 or on 19th January, 1971.
94. The second finding by the High Court with regard to the resignation of
Yashpal Kapur not to be effective until 25th January 1971 is contended to be
displaced by legislative change by the Amendment Act, 1975. Section 8 (b) of the
Amendment Act, 1975 has introduced Explanation (3) at the end of Section 123 (7)
of the 1951 Act. This amendment has retrospective operation.
95. The Explanation is as follows:“(3) For the purposes of clause (7), notwithstanding anything contained in any
other law, the publication in the Official Gazette of the appointment, resignation,
termination of service, dismissal or removal from service of a person in the service
of the Central Government (including a person serving in connection with the