(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.