S KHADER SHERIFF Vs. MUNNUSWAMI

JUDGEMENT

(1.) This is an appeal by special leave against the order of the Election Tribunal, Vellore, declaring the election of the appellant to the Legislative Assembly void on the ground that there had been a violation of S. 123(7), Representation of the People Act No. 43 of 1951. Under that section, it is a major corrupt practice for a candidate or his agent to incur or authorise the incurring of expenditure in contravention of the Act or any rule made thereunder. Rule l17 provides that:

(2.) The points that arise for decision in this appeal are (1) whether on the facts found, there was a contravention of S. 123(7) of Act No. 43 of 1951; and (2) whether the finding that the appellant had become disqualified under S. 140 is bad for want of notice under the proviso to S. 99 of the Act.

(3.) (1) Taking first the sum of Rs. 500 paid by the appellant to the Tamil Nad Congress Committee on 12-9-1951, the contention of the appellant is that S. 123(7) and R. 117 have reference only to expenses incurred by a candidate or his agent that the appellant was nominated as a candidate only on 16-11-1951, and that as the payment in question was made long prior to the filing of the nomination paper, the provisions aforesaid had no application. That raises the question as to when the appellant became a 'candidate' for purpose of S. 123(7). Section 79(b) of Act No. 43 of 1951 defines a candidate thus: