authorized by the candidate or by his election agent for the purposes of this
sub-section.
Provided ... ... ... ... ...
Explanation 2. – For the purposes of Explanation 1, ‘political party’ shall
have the same meaning as in the Election Symbols (Reservation and
Allotment) Order, 1968, as for the time being in force.’’
The above amendment in Section 77 had a bearing on the allegation which
was the subject-matter of issue No. 9. The respondent filed writ petition
challenging the validity of the amending Act.
164. The High Court decided issued 2, 4, 6 and 7 in favour of the
appellant and against the respondent. Issues 5, 8 and 10 were found in
favour of the respondent and against the appellant. On issues No. 9 the
finding of the High Court was that the total amount of expenditure incurred
or authorized by the appellant or her election agent, together with the
expenditure proved to have been incurred by the party or by the State
Government in connection with the appellant’s election amounted Rs.
31,976.47 which was sufficiently below the prescribed limit of Rs. 35,000. The
appellant prescribed limit of Rs. 35,000. The appellant as such was held not
guilty of any corrupt practice under Section 123 (6) of the Act. As the
respondent was found to have failed to prove that the expenses of the
appellant or her election agent, together with the expenses found to have
been incurred by the political party and the State Government in connection
with the appellant’s election proceeded the prescribed limit, the High Court
held that no ground had been made out for inquiring into the validity of the
1974 amending Act. The writ petition filed by the respondent was accordingly
dismissed.
165. On additional issue No.2, the finding of the High Court was that the
appellant held herself out as a candidate from the Rae Bareli Parliamentary
constituency on December 29, 1970. Issue No.3 was decided by the High
Court against the appellant. It was held that the appellant obtained the
assistance of the officers of the U.P. Government, particularly the District
Magistrate, Superintendent of Police, the Executive Engineer PWD and the
Engineer Hydel Department for construction of rostrums and arrangement of
supply of power for loudspeakers in the meetings addressed by her on
February 1. 1971 and February 25, 1971 in furtherance of her election
prospects. The appellant, as such, was found guilty of corrupt practice under
Section 123 (7) of the RP Act. On additional issue No.3, the High Court found
that Yashpal Kapur continued to be in the service of the Government of India
till January 25, 1971, which was the date of the notification regarding the
acceptance of Yashpal Kapur's resignation. The High Court referred to the
fact that according to the notification resignation of Yashpal Kapur had been
accepted with effect from January 14, 1971 and observed that the order
accepting the resignation was passed on January 25, 1971 and till that order
was passed, the status of Yashpal Kapur continued to remain that of a
Government servant despite the fact that when that order was passed it was
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents