CHANDRACHUD, Y.V. ((CJ),BHAGWATI, P.N.,DESAI, D.A.,SEN, AMARENDRA NATH (J),ERADI, V. BALAKRISHNA (J)
DR. P. NALLA THAMPY TERAH – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
HEADNOTE
Section 77(1) of the Representation of the People Act, 1951 provides that every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised 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 result thereof, both dates inclusive. Section 77(3) provides that the total of the said expenditure shall not exceed such amount as may be prescribed by the Rules framed under the Act. In Kanwarlal Gupta [1975] 2 SCR 259 the Court observed that when the political party sponsoring a candidate incurs expenditure in connection with his election, as distinguished from expenditure on general party propaganda, and the candidate knowingly takes advantage of it or participates in the programme or activity or fails to disavow the expenditure or consents to it or acquiesces in it, it would be reasonable to infer, save in special circumstances, that he impliedly authorised the political party to incur such expenditure and he cannot escape the rigour of the ceiling by saying that he has
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