matter of Issue No. 9, had exceeded the limit of authorised expenditure
imposed by Section 77 of the Act read with Rule 90. On this issue, the learned
Judge had considerned every allegedly omitted item of expense very
thoroughly and had reached the conclusion that the following 3 items,
totalling upto Rs. 18,183.50 had to be added to the return of election expenses
of the original respondent which mentioned items totalling upto Rs.
12,892.97. These were : (1) Cost of rostrums Rs. 16,000/- (2) Cost of
installation of loud-speakers Rs. 1,951/- (3) Cost of providing transport for
one journey by car Rs. 232.50.
488. On this issue, the learned Judge's appreciation of evidence was not
only very through and correct, but the application of the governing law on the
subject also appears to me to be faultless. Ordinarily we do not sitting even in
first appeals on questions of law as well as of fact in election cases, go into
findings of fact arrived at without misapplication of law or errors of approach
to evidence. In the case before us, two main questions and one subsidiary
question, each of which is a mixed question of fact and law which deserve
consideration by this Court on this issue, have been raised before us. I will
deal with these questions briefly seriatim.
489. The first question is : If the party, which a candidate represents,
spends or others also spend some money on his or her election, is this
expenditure one which can be or should be properly included in the statement
of election expenses submitted by the candidate. Arguments before us have
proceded on the assumption made by both sides that some expenditure was
incurred by the Congress (R) Party and some expenditure must also have
been incurred by those who either voluntarily helped or even thrust their
supposed assistance whether it is was helpful or not, upon those managing
the original respondent's election, which was not shown as part of her
election expenses. Is the successful candidate bound under the law, to show
this also as part of election expenses?
490. This question assumed special importance after the decision of this
Court in Kanwarlal Gupta v. Amarnagh Chawla. AIR 1975 SC 308 at pp.
315-316, where a Division Bench of this Court observed:
"Now, if a candidate were to be subject to the limitation of the ceiling, but
the political party sponsoring him or his friends and supporters were to be
free to spend as much as they like in connections with his election the object
of imposing the ceiling would be completely frustrated and the beneficent
provision enacted in the interest of purity and genuineness of the democratic
process would be wholly emasculated. The mischief sought to be remedied
and the evil sought to be suppressed would enter the political arena with
redoubled force and vitiate the political life of the country. The great
democratic ideal of social, economic and political justice and equality of status
and opportunity enshrined in Preamble of our Constitution would remain
merely a distant dream eluding our grasp. The legislators could never have
intended that what the individual candidate cannot do the political party
sponsoring him or his friends and supporters should be free to do. That is
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