Supreme Court of India · 1954-09-29
RANANJAYA SINGH vs BAIJNATH SINGH AND OTHERS.
- Citation / case number
- SC 1954/90360
- Court
- Supreme Court of India
- Petitioner
- RANANJAYA SINGH
- Respondent
- BAIJNATH SINGH AND OTHERS.
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM
Judgment text excerpt
The Supreme Court held that under Section 123(7) of the Representation of the People Act, 1951, a candidate can only be found guilty of corrupt practice if excess expenditure is incurred or authorized by the candidate or their agent. The Court found that the Election Tribunal's conclusion that the appellant's father's estate servants were 'virtually' his own was untenable, as the employment of extra persons must be directly linked to the candidate. Consequently, the appellant was not guilty of corrupt practices under Section 123(7) or minor practices under Section 124(4).