against expenditure by a candidate himself. Hence, the petitioner had not
pleaded expenses incurred by the party of the original respondent as
expenses authorised by the original respondent. The test of authorisation
would naturally be the creation of a liability to reimburse whoever spends the
money and not necessarily the provision of money before-hand by the
candidate on whose behalf it is spent. Navertheless the authorisation has to
be set up and proved. In the written statement field on behalf of the original
respondent, it was very frankly admitted that some expenditure, incurred by
the local Congress Party itself, had not been shown as election expenses of
the candidate herself. This was the position because, on the side of the
original respondent also, the law was understood to be as it is found now
clarified by the addition of an explanation to Section 77(1) of the Act.
498. The second question which arises for consideration is; if some
expenses are shown or admitted to have been incurred by the candidate's
party or third persons over the election of the successful candidate, is it
possible to separate it from a total expenditure on more than one
constituency by some process of estimation and apportionment? Of course,
this question can only arise if it is first proved that whatever expenditure
was incurred by candidte's party or by some other person, who may be a
friend, a relation, or a sympathiser was incurred in circumstances from which
it can be inferred that the successful candidate would reimburse the party or
person who incurred it. As I have already held, it is only then that
expenditure could be held to be authorised by the candidate. It is not enough
that some advantage accrued or expenditure was incurred within the
knowledge of the candidate. This was very clearly brought out in Rananjaya
Singh v. Baijnagh Singh (1955) 1 SCR 671=(AIR 1954 SC 749). In this case,
the Manager, Assistant Manager, 20 Ziladars and peons of the proprietor of
an estate in Uttar Pradesh had carried on election work, after having been
given a holiday on full pay by the proprietor of the estate who was the father
of the successful candidate. It was contended that inasmuch as these persons
were virtually employees of the candidate himself, their salary for the day
must be added to the list of election expenses. This Court repelled this
contention on the ground that this extra expenditure had not been authorised
by the candidate or his agent. Hence it need not be shown as an item of
election expense. Voluntry expenditure by friends relations, or sympathisers
and expenditure incurred by a candidate's party, without any request or
authorisation by the candidate, has never been deemed to be expenditure by
the candidate himself. (See Ram Dayal v. Brijraj Singh, (1970) 1 SCR 530 =
(AIR 1970 SC 110 Magraj Patodia v. R. K. Birla, (1971)2 SCR 118 = (AIR
1971 SC 1295).
499. An attempt was then made to pass the responsibility on to the
original respondent for the expenses of at least 23 vehicles whose numbers
are mentioned in a letter dated 25th February, 1971. Written by Shri Kapur,
who then (was) the original respondent's election agent, and sent to the
District officer, Rae Bareily stating as follow:
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