The staging of an entertainment as part of an election campaign does not constitute a corrupt practice under Section 123 (1) (b) of the Representation of the People Act, 1951, unless it is done with the sole object of influencing the voters.

( 1 ) THIS is an appeal against the judgment of the Election Tribunal, Hyderabad, setting aside the election of the appellant, who was returned to the Andhra Pradesh Legislative Assembly in the general elections held in February 1962 from the Alampur Constituency (Mahaboobnagar District ).

( 2 ) THE scat was contested by three candidates including the appellant and the respondents but the contest was keen between the appellant and the respondent. The polling was field on 22-2-1962. The appellant obtained 20,715 valid votes as against his nearest rival, the respondent, who secured 20,548 valid votes, the margin between the two being only 167.

( 3 ) THE respondent presented a petition under Section 81 of the Representation of the People Act, 1951 challenging Lie validity of this election and for a declaration that he was duly elected inter alia on the ground that the appellant got a drama "satya Harischandra" enacted on the 15/02/1962, a week before the polling day, A one of the villages within this constituency, to induce the electors to cast their votes in his favour, that he procured a lorry and hired bullock-carts for conveying the voters to some of the polling booths at Alampur and that he got a well for drinking water dug for the use of the Harijans of Budamarsu through the President of the Panchayat Samithi of Manopad with the object of influencing those voters all of which constitute corrupt practices within the terms of Section 123 (1) (b) of the Representation of the People Act and that he arranged meetings of his election campaign at several places some of which were addressed by the then Chief Minister, within twenty four hours before the commencement of the poll and this violated the provisions of Section 126 of the aforesaid Act.

( 4 ) THE petition was opposed by the appellant, who denied the commission of corrupt practices as also the holding of the meetings on 21-2-1962 within twenty four hours before the commencement of the poll.

( 5 ) THE Election Tribunal, while holding against the respondent on all the issues, avoided the election, in the view that the appellant was guilty of a corrupt practice by offering gratification to the voters of Rajoli in the shape of free entertainment. He thought that the drama Satya Harisehandra was staged for the purpose of entertaining the voter public with a view to capture their imagination and gain popularity and that the illiterate voter public, naturally having enjoyed the hospitality of the appellant to a free show, would certainly he swayed by enthusiasm to favour a person who had given them something by way of a free entertainment. it is this conclusion of the learned Judge that is impugned in this appeal filed by the successful candidate.

( 6 ) IT is urged on behalf of the appellant that the learned Judge failed to appreciate that the drama was arranged only as an usual incident of electioneering to attract the members of the public to the meeting. On the other hand, the stand taken by the respondent in this appeal is that this entertainment constituted a corrupt practice since that its purpose was to stimulate his prospects. Otherwise, a drama for election propaganda had no meaning. The decision of the Tribunal was also saught to be sustained on grounds which did not find favour with it, which will appear hereunder.

( 7 ) THE serious question to be determined by us in this appeal is as to the effect of the drama. Since it is not disputed that Satya Harischandra was put on boards at Rajoli on the night of 15-2-1962, it is unnecessary for us to canvass the evidence on this aspect of the matter. It is also needless for us to consider whether a sum of more than Rs. 375. 00 was spent for the drama, as the respondent gave up that contention. The contention that an additional expenditure of Rs. 600. 00 or Rs. 700. 00 was incurred by way of payment to actors which did not find a place in the election expenses, was also given up obviously for the reason that th