N. E. HORO versus JAHAN ARA JAIPAL SINGH

Citation: [1972] 3 S.C.R. 361 · Decided: 02-02-1972 · Supreme Court of India · Bench: A.N. GROVER · Disposal: Dismissed

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Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
N. E. HORO 
v. 
JAllAN ARA JAIPAL SINGH 
February 2, 1972 
[A. N. GROVER AND M. H. BEG, JJ.] 
361 
Representation of the People Act (43 of 1951), s. 123(2) and (7)-
Scope of. 
Customary Law-Mundas-Marriage between Munda male and a non--
Munda-Whether wife becomes a Munda. 
The respondent, who was a Tamil by birth and Christian by religion, 
had married a member of the Munda Schedule Tribe in the State of Bihar. 
On the death of her husbwd, who was 1l member of the Lok Sabha, she 
stood for election from a Parliamentary (Schedule Tribe) Constituencr 
in the State. Another candidate B filed objections to her nomination that 
she was not a Munda and her nomination was rejected by the Retumin& 
Officer, ~nd the appellant was elected. She filed an Election Petition for 
settin~ aside the election of the appellant. 
She alleged that according to 
the Munda Customary Law when a Munda male married outside the tribe, 
if his marriag-c was '3Ccepted by the tribe, he continued to be a member 
of the tribe and his wife also acquired. its membership,. and so, she became 
a Munda. In the petition it was also stated that while hearing B's objec-
tions the Returning Officer allowed irrelewnt personal aspersiol!S to be 
cast against her and that the Returning Officer had been influenced by B. 
The High Court allowed the petition. 
Dismissing the appeal to this Court, on the questions: (1) Whether B 
was a necessary party to the Election Petition; (2) Whether the marriage 
of the respondent, who was a divorcee, was a nullity under s. S7 of the 
Indian Divorce Act, 1869, in that she married her Munda husband within 
six months from the date of the decree being' made absoltite; and 
(3) Whether the petitioner became member of the Munda Tribe, 
HELD: (1) According to s. 82(b) of the Representation of the 
People Act, 1951, a petitioner must join as a respondent any C3Ddidate 
against whom . allegations of any corrupt practices are made in the elec·· 
tion petition. 
Section 123 deals with corrupt practices. 
The essential 
ingredient of s. 123(7) on which reliance was placed, is to obtain, pro-
cure etc. by a candidate of any assistance (other than the giving of a vote) 
for the furtherance of .the prospects of that candidate's election from any 
person in the service of the Government and belonging to the classes 
mentioned in the sub-section. In the present case, there was "bsolutely 
no allegation or suggestion that the Returning Officer was influenced by 
B for the purpose of rendering assistance for the furtherance of the 
prospects of a candidate's election. The influence, mentioned i~ the elec· 
tion petition, had reference only to the conduct of the Returnmg Officer 
is allowing personal aspersions to be cast o:1gai~st the l'!;sponden~. ,The 
allegations do not also amount to any suggestion of d!rect or 1~direct 
interference or attempt to interfere on the part of a t'llndidate with the 
free exercise of .. ny electoral right, aud hence, do not amount to .undue 
influence under s. 123(2). Therefore, since there was no allegation of 
any corrupt practice against B he was not a neces;ary party. [366 D-H; 
368 A-GI 
362 
SUPREME COURT REPORTS 
[1972] 3 S.C.R. 
2 The .respondent had contracted, a marriage with a member of the 
:Mu~d~ Tribe a~cord1ng to Munda ntes and ceremonies and not as one 
<:h~1st1an marrym!! another Christian. 
In the absen~ of any pleadings 
-0r issues or mate.rial o~ record to show that in view of the provision, of 
· s. 57 ~f the Indian Divorce Act there could not be a valid mahiage 
·'3ccord1ng to Munda customary law, such a contention could not be 
allowed to be agitated for the fust time in this Court. [369 D-0] 
3(i) The information contained in authoritative books dealing with 
Mu~da CUstolllary Law and the evidence of witnesses who had made 
·special research m the matter, show that: (a) The Mundas are endoga-
mous and intermarriage with non-Mundas is normally prohibited; (b) A 
Munda male along with his family, on marrying a non-Munda girl, is 
often ex-communicated or outcasted; ( c) the rule of endo113my is, how-
ever, not so rigid that a Munda cannot marry a non-Munda even after 
pe~forming. special ceremonies; ( d) Such maitiages have been and are 
being sanctioned by Par ha Panchayat, and ( e) Where a Munda male and 
his family are outcasted for marrying a non-Munda they are re-admitted 
to the tribe after certain special ceremonies are performed. I376 C-F] 
In the present 

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