JUDGMENT

MADAN B. LOKUR, J.

The foundation for this reference relating to the interpretation of Section 123(3) of the Representation of the People Act, 1951 to a Bench of seven judges has its origins in three decisions of this Court.

2. In Abhiram Singh v. C.D. Commachen, (1996) 3 SCC 665 the election in 1990 of Abhiram Singh to the No. 40, Santa Cruz Legislative Assembly Constituency for the Maharashtra State Assembly was successfully challenged by Commachen in the Bombay High Court. While hearing the appeal against the decision of the Bombay High Court, a Bench of three learned Judges expressed the view that the content, scope and what constitutes a corrupt practice under sub-sections (3) or (3A) of Section 123 of the Representation of the People Act, 1951 (for short, ‘the Act') needs to be clearly and authoritatively laid down to avoid a miscarriage of justice in interpreting ‘corrupt practice'. The Bench was of opinion that the appeal requires to be heard and decided by a larger Bench of five Judges of this Court on three specific questions of law.

3. In Narayan Singh v. Sunderlal Patwa, (2003) 9 SCC 300 the election of Sunderlal Patwa from the Bhojpur Constituency No. 245 in Madh