TMI Blog1954 (9) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... t of which took place on the 31st January, 1952, and the result whereof was announced on the 6th February, 1952, and finally published in the Uttar Pradesh State Gazette on the 26th February, 1952. The respondent, Baijnath Singh, who was one of the unsuccessful candidates filed an election petition calling in question the election of the appellant. Three other unsuccessful candidates were also impleaded as respondents. The grounds on which the election was challenged were that the appellant himself, together with his own and his father's servants and other dependents and agents, committed various corrupt practices of bribery, exercise of undue influence, publication of false and defamatory statements and concealment of election expenses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agraph 6 of the election petition and the list of particulars set out in Part III of the schedule thereto. The particulars in that part were -grouped under two main heads, each containing several items. The first head referred to persons alleged to have been employed on payment far in excess of the prescribed number and not shown in the return of election expenses. The second bead of particulars contained other alleged concealed expenditures. The election tribunal held in favour of the appellant on all items of charges under both heads in Part III, except items (ii) and (iii) of the first bead. Item (ii) charred that all the paid Ziladars of Amethi estate who were about 20 in number assisted by their peons and orderlies worked for the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presentation of the People Act, 1951, provides that the maximum scales of election expenses at elections and the numbers and descriptions of persons who may be employed for payment in connection with election shall be as may be prescribed. As regards the maximum expense, rule 117 lays down that no expense shall be incurred or authorised by a candidate or his election agent on account of or in respect of the conduct and management of an election in any one constituency in a State in excess of the maximum amount specified in respect of that constituency in Schedule V. The maximum amount specified in that schedule in respect of a single member constituency in the Uttar Pradesh is only ₹ 8,000. Rule 118 prescribes that no person other tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ankly and properly conceded that he could not support this part of the finding of the tribunal. He, however, contended, relying on the language used in section 77, that if the number of persons who worked for payment in connection with the election exceeded the maximum number specified in Schedule VI, the case fell within the mischief of the relevant sections and the rules, no matter who employed them or who made payments to them. It is true that section 77 uses the words who may be employed for payment without indicating by whom employed or paid but it must be borne in mind that the gist -of a corrupt practice as defined in section 123(7) is that the employment of extra persons and the incurring or authorising of excess expenditure -m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do. Was the position in law at all different from the position that the father had given these employees a holiday on full pay and they voluntarily rendered assistance to the appellant in connection with his election? We think not. It is clear to us that qua the appellant these persons were neither employed nor paid by him. So far as the appellant was concerned they were mere volunteers and the learned advocate for the respondent admits that employment of volunteers does not bring the candidate within the mischief of the definition of corrupt practice as given in in section 123(7). The learned advocate, however, contended that such a construction would be against the spirit of the election laws in that candidates who have rich friends o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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