JAGDEV SINGH SIDHANTI vs PRATAP SINGH DAULTA

The Supreme Court held that the use of religious symbols or appeals to religion or language in elections, as per Section 123(3) of the Representation of the People Act, 1951, constitutes a corrupt practice only if done by the candidate or with their consent. The Court clarified that while 'Om' has spiritual significance, its use on a flag does not qualify as a religious symbol under Section 123. Furthermore, the Court emphasized that political agitation for the conservation of language is a fundamental right under Article 29(1) and cannot be deemed a corrupt practice. The High Court's ruling declaring the election void was overturned.