Judgment

R.C. Lahoti, CJI—This appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter ‘the Act’ for short) puts in issue an order passed by the designated Election Judge of the High Court, whereby an election petition filed by the appellant has been directed to be dismissed at the threshold as disclosing no cause of action.

2. The sole ground on which the election of respondent No.1 was sought to be challenged and set aside, is that the respondent No.1 had committed the corrupt practice within the meaning of sub-Section (3) of Section 123 of the Act, which reads as under:

“123. Corrupt practices—The following shall be deemed to be corrupt practices for the purposes of this Act:–

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(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the ­furtherance of the prospects of the ­election of that candidate or