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october 1958

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.

DR. Y. S. PARMAR vs SHHIRA SINGH PAUL AND ANOTHER · Niyam