till January 25, 1971 which was the date of the notification regarding the
acceptance of Yashpal Kapur's resignation. According to the said notification
the President was pleased "to accept the resignation of Shri Y.P.R. Kapoor.
Officer on Special Duty in the Prime Minister's Secretariat with effect from
the forenoon of the 14th January 1971". The explanation which has been
added to Section 123 of the RP Act makes it clear inter alia, that for the
purpose of clause (7), notwithstanding anything contained in any other law,
the publication in the official gazette of the resignation and termination of
service of a person in the service of the Central Government shall be
conclusive Proof. of his resignation and termination of service and where the
date of taking effect of his resignation or termination of service is stated in
such publication, also of the fact that such person ceased to be in such service
with effect from the said date Yashpal Kapur in view of the newly added
explanation, shall be taken to have ceased to be in Government service with
effect from January 14, 1971. Any assistance of Yashpal Kapur which the
appellant was alleged to have obtained or procured on or after January 14,
1971 would not, therefore, make her guilty of corrupt practice under Section
123(7) of the RP Act.
222. Another ground on which the High Court declared the election of the
appellant to be void was that she committed corrupt practice under Section
123(7) of the RP Act inasmuch as she obtained the assistance of the officers of
the UP Government, particularly the District Magistrate, Superintendent of
Police, the Executive Engineer, PWD and the Engineer Hydel Department for
construction of rostrums and arrangement of supply of power for
loudspeakers in the meeting addressed by her on February 1. 1971 and
February 25, 1971 in furtherance of her election prospects. It is not disputed
that what was done by the above mentioned officers was in pursuance of
official directions and in the discharge or purported discharge of the official
duties. This is indeed clear from letter dated November 19, 1969 from the
Govt. of India, Ministry of Home Affairs to all State Governments wherein
there is reference to Rule 6 of the Rules and Instructions for the Protection of
the Prime Minister and it is stated:
"As the security of the Prime Minister is the concern of the State all
arrangements for putting up the rostrum, the barricades etc. at the meeting
place, including that of an election meeting will have to be made by the State
Government concerned ...... ...... ...... ...... ...... ...... ...... In the case of election
meetings, all expenditure on police, setting up of barricades and taking
lighting arrangements will be borne by the State Government while
expenditure on the public address system and any decorative arrangements
will be the responsibility of the political party concerned. (The expenditure on
all these items, may in the first instance be borne by the State Government
and then recovered from the political parties concerned). In regard to the
rostrum only 25 per cent of the cost of the rostrum or Rs. 2500.00 whichever
is less, shall be contributed by the party as the rostrum has to be of certain
specifications because of security considerations."
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