Back
High Court Of Madhya Pradesh
T. P. Naik and K. L. Pandey, JJ.
SARLA DEVI, DWARKAPRASAD - Appellant
Versus
BIRENDRASINGH, BENI SINGH - Respondents
First Appeal 90 Of 1958
Decided On : 01/15/1959
ELECTION LAW - REPRESENTATION OF THE PEOPLE ACT, 1951 - SECTION 123 (1) (B) - CORRUPT PRACTICE - BRIBERY - PROMISE TO CONSTRUCT A WELL - WHETHER AMOUNTS TO CORRUPT PRACTICE - EVIDENCE - APPRECIATION OF - CIRCUMSTANTIAL EVIDENCE - CORROBORATION - REQUIREMENTS - INTERPRETATION OF STATUTES - RULE OF CONSTRUCTION - WORDS AND PHRASES - 'CANDIDATURE' - MEANING OF - ELECTION TRIBUNAL - FINDINGS OF - INTERFERENCE BY HIGH COURT - SCOPE OF.
Fact of the Case:
The appellant, a candidate in an election, was accused of committing the corrupt practice of bribery by promising to construct a well for the Harijans of a village in consideration of their voting for her. The Election Tribunal found her guilty of the corrupt practice and set aside her election.
Finding of the Court:
The High Court, on appeal, held that the evidence on record was insufficient to prove that the appellant had made any such promise. The Court also held that even if the promise had been made, it would not amount to a corrupt practice under Section 123 (1) (b) of the Representation of the People Act, 1951, as it was not a promise to give any monetary help for the construction of the well.
Issues: 1. Whether the appellant had made a promise to construct a well for the Harijans of a village in consideration of their voting for her. 2. Whether the promise, if made, amounted to a corrupt practice under Section 123 (1) (b) of the Representation of the People Act, 1951.
Ratio Decidendi: 1. The evidence on record was insufficient to prove that the appellant had made any promise to construct a well for the Harijans of the village in consideration of their voting for her. 2. Even if the promise had been made, it would not amount to a corrupt practice under Section 123 (1) (b) of the Representation of the People Act, 1951, as it was not a promise to give any monetary help for the construction of the well.
Final Decision: The appeal was allowed and the election petition was dismissed.
( 1 ) THIS is on appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referr- ed to as the Act) against the order of the Election Tribunal, Jabalpur, dated 11th August, 1958, setting aside the election of the appellant, Smt. Sarla Devi Pathak, to the State Legislative Assembly of Madhya Pradesh on the ground that she was guilty of the corrupt practice of bribery as defined in Section 123 (1) (b) of the Act
( 2 ) THE particulars of the corrupt practice, as alleged in the election petition, were as follows:
"that on 19-2-1957 Shri Maganlal Bagdi and Shrimati Sarla Devi Pathak went to village Singhpur, tahsil Narsimhapur, and addressed a public meeting there. The villagers and voters of Singhpur, i. e. , Madhoprasad son of Sivo Bux Swamy, (2) Mangal son of Bootha, (3) Charkha son of Jeevan, (4) Chidami son of Kharge, and (5) Jawahardas, demanded that they need a well as there is dearth of water supply, particularly for Harijans. Shri Bagdi with several villagers and voters, i. e. , (1) Madhoprasad son of Sivo Bux Swamy, (2) Mangal son of Bootha, (3) Charkha son of Jeevan, (4) Chhidarm son of Kharge, and (5) Jawahardas, selected a site for the construction of a well, which land site belongs to Shri Seth Vishwanathsingh Mahajan of Singhpur. As the meeting was attended by 300 villagers, it is not possible to give all the names Shrimati Sarla Devi, Congress candidate for the State Assembly, and Shri M. L. Bagdi, Congress candidate for the Parliament, performed the digging ceremony of the well and broke a cocoanut on this auspicious occasion, promising the construction of the well immediately after the elections. This amounts to a corrupt practice under Section 123 (1) of the R. P. Act, 1951. "
( 3 ) IN reply, the appellant in her return stated:
"the allegations in para 6 (g) of the petition are false and a deliberate misrepresentation. In the course of the meeting at village Singhpur, one of the grievances mentioned by the villagers was lack of water supply in the village. The answering respondent denies that Shri Bagdi with several villagers selected a site for the construction of the well on the land of Shri Seth Vishwanathsingh Mahajan of Singhpur. The site had already been selected by the villagers several months before the said election meeting and was only shown by the villagers to Shri Maganlal Bagdi. It is entirely untrue that any ceremony took place of the digging of the well or of breaking a cocoanut. There was no promise of any kind made for the construction of the well. It is denied that the answering respondent has been guilty of any corrupt practice under Section 123 (1) of the Act of 1951. It is denied that, (1) Madhoprasad son of Shio Bux Swamy, (2) Mangal son of Bootha, (3) Charkha son of Jeevan, (4) Chhidami son of Kharge, and (5) Jawahardas, demanded that they needed a well as there was dearth of water supply, particularly for Harijans. It is further emphatically denied that Shri Bagdi with several villagers and voters, viz. , Madhoprasad son of Shio Bux Swamy, (2) Mangal. son of Bootha, (3) Charkha son of Jeevan, (4) Chhidami son of. Kharge, and (5) Jawahardas, selected the alleged site for Hie construction of a well. It is denied that the meeting at Singhpur was attended by 300 villagers and that it was not possible to give all the names. ''
( 4 ) ON these pleadings, the then presiding officer, Shri T. N. Salsena, framed the following issues:
"6 (a) Whether on 19-2-1957, Shri Maganlal Bagdi and Shrimati Sarla Devi Pathak went to village Singhpur, tahsil Narsimhapur, and addressed a public meeting there? (b) Did the voters and villagers of Singhpur, including those named in para 6 (gj of the petition, Say that they needed a well and there was dearth of water supply, particularly for Harijans, (c) Whether Shri Bagdi and other persons selected a site belonging to Seth Vishwanathsingh Mahajan of Singhpur for construction of a well? (d) Was this meeting attended by several vil
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
