that any expenses by a political party were authorised by the appellant. There is also
no finding in the present appeals that any expenses incurred by a political party can
be identified with the election of the appellant. The changes in law effected by the
Amendment Acts, 1974 and 1975 totally repel the submissions on behalf of the
respondent. Expenses incurred or authorised in connection with the election of a
candidate by a political party 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. Furthermore the ruling in Kanwar Lal Gupta's case
(supra) is no longer good law because of the legislative changes.
114. Counsel for the respondent contended that the judgment of the High Court
should be reversed with regard to election expenses of the appellant on three counts.
First, Exhibit 118 shows that the sum of Rs. 65,000/- which was drawn by the
Congress Committee should have been held by the High Court on a reasonable
inference to have been spent by the District Congress Committee as having been
authorised by the election agent of the appellant. Second, the High Court has not
taken into account expenses of the election agent at 12 meetings other than the
meetings addressed by the appellant and has also not taken into account the
telephone expenses of the election agent. The telephone expenses amounted to Rs.
836.85 between 11th january, 1971 and 10th Febraury, 1971 and a further sum of
Rs.2,514/- for the period 11th Febraury, 1971 to 15th March, 1971. Third, it is said
that there were 5000 polling booths and if 20 workers were required per booth then
10,000 workers would be required and the only inference is that an amount in excess
was spent for workers with the authority of the election agent.
115. In Issue No. 9 there was no amount alleged with regard to telephone bills or
election meetings under the heading of alleged election expenses. There was no
allegation to that effect in the petition. With regard to expenses for the alleged 12
meetings addressed by the election agent the evidence of Yashpal Kapur is that he
addressed about a dozen meetings and he did not include in the election return the
expenses incurred for installation of loudspeakers because the expenditure was not
incurred by him. He also said that he did not include in the election return the
expenses incurred over the construction of platforms because the meetings were
arranged by the District Congress Committee. No allegation were made in the
petition with regard to any alleged sum of money on account of election meetings
where the election agent spoke. The High Court rightly said that the telephone
expenses and expenses for meetings could not be taken into consideration because
no suggestion of the case was made until the stage of arguments.
116. The respondent’s submission is that the appellant was the Prime Minister at
the time of the election, and therefore there was a big campaign and the expenses
were enormous. That will mean little. Expenses incurred or authorised by a political
party are under the Amendment Act, 1974 not to be deemed to be expenditure in
connection with the election incurred or authorised by the candidate or by his
election agent for the purposes of Section 77 of the 1951 Act The part played by a
political party in connection with candidates of the party at the election particularly
in relation to expenditure incurred by the poltiical party with regard to candidates
of the party has been the subject of some decisions of the Court. This Court has
observed that expenditure must be by the candidate himself and any expenditure in
his interest by others (not his agent within the meaning of the term of the Election
Law is not to be taken note of. Where vehicles were engaged by the Congress