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1984 Supreme(Ori) 52

B.K.BEHERA, R.C.PATNAIK
KARUNAKAR DAS – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
A.K.BOSE, D.NAYAK, N.K.DAS

B. K. BEHERA, J.

( 1 ) THE petitioners call in question the Explanations and added to Section 77, Representation of the People Act, 1951 (for short, 'the Act'), by the Representation of the People (Amendment) Act, 1974 (Act 58 of 1974), to be described hereinafter as the Amendment Act, which came into force on and from October 19, 1974, as being illegal and invalid, by defeating the very purpose of the Act providing for a free and fair election and being opposed to the invaluable doctrines of equality before the law and equal protection of the laws enshrined in Article 14 of the Constitution and for having encouraged corrupt practices and eroding all norms embodied in the Act.

( 2 ) SECTION 77 of the Act, as it stood prior to the addition of the Explanations by the Amendment Act, would read:

"77. Account of election expenses and maximum thereof.-- (1) Every candidate at an election shall, either be himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date of publication of the notification calling the election and the date of declaration of the re





































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