Supreme Court of India · 1958-10-17
DR. Y. S. PARMAR vs SHHIRA SINGH PAUL AND ANOTHER
- Citation / case number
- SC 1958/126
- Court
- Supreme Court of India
- Petitioner
- DR. Y. S. PARMAR
- Respondent
- SHHIRA SINGH PAUL AND ANOTHER
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that under Section 123(7) of the Representation of the People Act, 1951, the appellant was guilty of corrupt practice for appointing Amar Singh as his polling agent, despite not knowing he was a government servant. The Court clarified that the mens rea is not a necessary ingredient for establishing corrupt practice in this context. The appellant's election was set aside as he had procured the assistance of a government servant, which is prohibited under the Act.