Abhiram Singh vs C.D. Commachen (Dead) - Supreme Court Important Judgment

 Abhiram Singh vs C.D. Commachen (Dead) - Supreme Court Important Judgment 2017 - 

 

On 2nd January, 2017, in the case of Abhiram Singh vs C.D. Commachen (Dead) by Lrs. & Ors. [Civil Appeal No. 37 of 1992], while interpreting Section 123(3) of the Representation of the People Act, 1951, a seven Judge Bench, per majority, inter alia held that the “provisions of sub-section (3) of Section 123 of the Representation of the People Act, 1951 are required to be read and appreciated in the context of simultaneous and contemporaneous amendments inserting sub-section (3A) in Section 123 of the Act and inserting Section 153A in the Indian Penal Code.” It was held that “so read together, and for maintaining the purity of the electoral process and not vitiating it, sub-section (3) of Section 123 of the Representation of the People Act, 1951 must be given a broad and purposive interpretation thereby bringing within the sweep of a corrupt practice any appeal made to an elector by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate on the ground of the religion, race, caste, community or language of (i) any candidate or (ii) his agent or (iii) any other person making the appeal with the consent of the candidate or (iv) the elector.” However, it was held that “it is a matter of evidence for determining whether an appeal has at all been made to an elector and whether the appeal if made is in violation of the provisions of sub-section (3) of Section 123 of the Representation of the People Act, 1951.” 

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