committed a corrupt practice as defined in Section 123 (3) of the
Representation of the People Act?
(7) Whether on the dates fixed for the poll voters were conveyed to the
polling stations free of charge on vehicles hired and procured for the purpose
by respondent No 1’s election agent Yashpal Kapur, or other persons with his
consent as detailed in Schedule B to the Petition?
(8) Whether the particulars given in paragraph 12 and Schedule B of the
Petition are too vague and general to form a basis for allegations regarding a
corrupt practice under Section 123 (5) of the Representation of the People
Act?
(9) Whether respondent No. 1 and her election agent Yashpal Kapur
incurred or authorised expenditure in excess of the amount prescribed by
Section 77 of the Representation of the People Act, read with Rule 90, as
detailed in para 13 of the Petition?
(10) Whether the petitioner had made a security deposit in accordance
with the rules of the High Court as required by Section 117 of the
Representation of the People Act?
(11) To what relief, if any, is the petitioner entitled?’’
Subsequent to the framing of the above issues, the following three
additional issues were framed in pursuance of the judgment of this Court in
an appeal against an interlocutory order of the High Court:
‘‘(1) Whether respondent No. 1 obtained and procured the assistance of
Yashpal Kapur in furtherance of the prospects of her election while he was
still a Gazetted Officer in the service of the Government of India? If so, from
what date?
(2) Whether respondent No. 1 held herself out as a candidate from any
date prior to 1-2-1971 and, if so, from what date?
(3) Whether Yashpal Kapur continued to be in the service of Government
of India from and after 14-1-1971 or till which date?
163 During the pendency of the election petition in the High Court,
Section 77 of the RP Act was amended by an Ordinance which was
subsequently replaced by Act 58 of 1974 (hereinafter referred to as the 1974
amending Act or Act 58 of 1974). The said amending Act inserted two
explanations at the end of sub-section (1) of S. 77 of the RP Act. The material
part of the explanations reads as under:
‘‘Explanation 1 – Notwithstanding any judgment, order or decision of any
court to the contrary, any expenditure incurred or authorized in connection
with the election of a candidate by a political party or by any other
association or body of persons or by any individual (other than the candidate
or his election agent) shall not be deemed to be, and shall not ever be deemed
to have been, expenditure in connection with the election incurred or
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