only discharged his constitutional functions. If this be so, it is difficult to hold
that the session in which the amendments were passed was illegally
convened . The challenge to the validity of the amendments on this score
must be overruled.
380. Counsel for the respondent submitted that it is immaterial when a
candidate committed a corrupt practice – whether it was before or after he
became a candidate – and that an election would be set aside even if a person
committed the corrupt practice before he became a candidate. Section 79(b) of
the Representation of the People Act 1951 defined the word 'candidate' 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 when with the election in
prospect he began to hold himself out as a prospective candidate."
Clause 7 of the Election Laws (Amendment) Act 1975 substituted the
present definition in Section 79 (b) which reads : " 'candidate means a person
who has been or claims to have been duly nominated as a candidate at an
election."
381. In support of the proposition that an election can be set aside even if
a person has committed corrupt practice of bribery before he became a
candidate counsel cited Halsbury's Laws of England 3rd ed., Volume 14,
pages 222 (para 386) and 218 (para 380).
382. These paragraphs state that in order to constitute the offence of
bribery it does not matter how long before an election a bribe is given
provided that the bribe is operative at the time of the election and that time
is material only when considering the question of evidence.
383. Counsel further said that under Section 100 of the Representation of
the People Act. 1951 an election is liable to be set aside if it is found under cl.
(b) of sub-section (1) of that section that a returned candidate has committed
corrupt practice; that ex-hypothesi, a returned candidate cannot commit a
corrupt practice and therefore, it is not the description of a person as a
returned candidate that is material. He argued that if in Section 100 (1) (b)
the word 'returned candidate' is used not with the idea of indicating that a
person should have committed corrupt practice after he became a returned
candidate, there is no reason to think that the word candidate in S. 123 (7)
has been used to show that the corrupt practice therein mentioned should
have been committed after a person has become a 'candidate in order that the
election of the candidate might be set aside.
384. There can be no doubt that Section 100 (1) (b) when it speaks of
commission or corrupt practice by a returned candidate, it can only mean
commission of corrupt practice by a candidate before he became a returned
candidate. Any other reading of the sub-section would be absurd. But there is
no such compulsion to read the word 'candidate' in S. 123 (7) in the same
manner. It is the context that gives colour to a word. A word is not crystal
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents