sections dealing with the acts of persons other than candidates and voters no
time is mentioned On the other hand, section IV of Statutes 17 and 18
victoria chapter CII makes certain acts of voters and candidates corrupt
practice. Section IV of the aforesaid English Statute enacts that every
candidate at an election who shall corruptly by himself, or by or with any
person or by any other ways or means on his behalf at any time either before
during or after any election directly or indirectly give or provide or cause to
be given or provided any expenses incurred for any meat drink,
entertainment etc. shall be deemed guilty of an offence of treating. In these
sections when the acts of voters and candidates are made punishable the
words used are ‘‘before or during any election directly or indirectly or at any
time either before, during or after any election’’ in Section IV of the Act.
These words make acts of voters or candidates committed before or during an
election also corrupt practice. Without these words acts of the candidate
made punishable under the English Statutes would only be the acts
committed by the candidate after he becomes a candidate.
146. The 1951 Act uses the expression ‘‘candidate’’ in relation to several
offences for the purpose of affixing liability with reference to a person being a
candidate. If no time be fixed with regard to a person being a candidate it can
be said that from the moment a person is elected he can be said to hold
himself out as a candidate for the next election. The definition in the English
Act cannot be of any aid to the construction of the 1951 Act.
147. The contention of the respondent is that if a candidate is free to
spend as much as a candidate likes before the date of nomination a great
premium would be placed on free use of money before the date of nomination.
The 1951 Act specifies what election expenses are of a candidate. The statute
specifies time in regard to a candidate. That time can not be enlarged or
reduced. The holding out by a person of candidature was a flexible and elastic
idea. The date of nomination is definite and doubtless. Different views may
be taken as to the time of holdings out. The legislature has now set the
matter at rest.
148. The word ‘‘incur’’ according to the dictionary meaning means to
become liable to. The word ‘‘incur’’ means undertake the liability even if the
actual payment may not be made immediately. The undertaking of the
responsibility for the expenditure concerned may be either by the candidate
or his election agent. Again, a candidate is also to be deemed responsible for
the expenditure if he has authorised a particular expenditure to be made by
someone else on his behalf.
149. The contention on behalf of the respondent is that the Amendment
Acts of 1974 and 1975 fall within the vice of delegated legislation because
there are no guiding principles with regard to official duty or nature of
expenditure in explanation 3 to Section 77 of the 1951 Act and in the proviso
to Section 123 (7) of the 1951 Act. Official duty will be a duty in law. Official
duty will be duty under administrative directions of the Executive. Official
duty will be for security law and order, and matters in aid of public purpose.
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