(Para 468) (M) Representation of the People Act (1951), S. 123 (7), Proviso (as inserted by Act 40 of 1975) – Validity – Amendment not changing the law but merely clarifying the State of law as it really was even before the amendment – Validity of S. 123 (7) as it existed before amendment not challenged – There could be no challenge to the validity of the amendment – (Per Beg. J.) – (Election Laws (Amendment) Act (40 of 1975), S. 7). (Para 476) (N) Election Laws (Amendment) Act (40 of 1975), Sec. 7 – Validity of Sec. 7 inserting a proviso at the end of S. 123 (7) of representation of the people Act – Amendment relating to certain facilities to prime Minister by virtue of her office by Government Officials – Act 40 of 1975 placed in protected 9th Schedule of the Constitution – Amendment cannot be challenged on ground of violation of Article 14 of the Constitution – (Constitution of India, Arts. 14 and 31-B). Per Beg. J. : – Even if an attack on the ground of a violation of Article 14 were open today, the occupation of such a high and important office as that of the Prime Minister of this country, with all its great hazards and trails, would provide a rational basis for reasonable classification in respect of advantages possessed by a Prime Minister as a candidate at an election due to arrangements made necessary by considerations of safety and protection of the life and person of the Prime Minister. To treat unequally situated and circumstanced person as though they were equals in the eyes of law for all purposes is not really to satisfy the requirements of the equality contemplated by the Constitution. (Paras 477, 479) (O) Representation of the People Act (1951), Ss. 83 (1) (b) and 123 – Election petition – Allegations of corrupt practice – Insufficient particulars of corrupt practice – Pleadings and evidence – Rule as to – No amount of evidence can be look ed into on a case not really set up. (per Beg, J.) (Paras 440, 493 and 494) (P) Evidence Act (1872), Section 114, Illus. (g) – Non - production of available evidence – Presumption as to adverse inference – such presumption is always optional and one of fact depending upon the whole set of facts – It is not obligatory. (Per Beg. J.) (Para 505) (Q) Interpretation of Statutes – Provision widely worded – Rule of Construction. Per Khanna J. : – If a clause of a Constitution or statutory provision is widely worded the width of its ambit cannot be circumscribed by taking into account the facts of an individual case to which it applies.

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