OM PRABHA JAIN Vs. CHARAN DASS

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") from an order passed by the Punjab and Haryana High Court at Chandigarh dismissing the election petition filed by the appellant calling in question the election of the first respondent to the Haryana State Legislature from the Kaithal Assembly Constituency in 1972. Poll was taken on March 11, 1972. The first respondent who secured 26095 votes was elected defeating the nine other candidates who contested the election. Appellant Om Prabha Jain who polled 22673 votes secured the next position in the contest. In her election petition the appellant, hereinafter also referred to as the petitioner, alleged various corrupt practices against the returned candidate seeking his election to be declared void under Section 100 of the Act and also prayed for an order under Section 99 naming him guilty of corrupt practice so that he might be disqualified under Section 8A of Act. In this appeal the challenge is confined to the allegations of corrupt practice under sub-sec. (6) of S. 123 - "incurring or authorising of expenditure in contravention of Sec. 77". Section 7 as it stood when the election petition was presented was in these terms:

(2.) For the State of Haryana the prescribed limit on election expenses was Rs. 9000/-

(3.) During the pendency of the appeal in this Court an Ordinance, namely, the Representation of the People (Amendment) Ordinance, 1974 was promulgated amending Sec. 77 of the Act by inserting two explanations to sub-sec. (1) thereof. The explanations read as follows: