LexRAM DIAL versus SANT LAL AND OTHERS
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I959 Stale of Ajnier v. Shivji Lal Wanchoo ]. I959 April 23. 748 SUPREME COURT REPORTS [1959] Supp. been drawn under s. 4(1), assuming again that such a presumption can be drawn where there is simple pass- ing of money. But when there is no indication what- ever that any public servant was to be approached or influenced by the accused there can, in our opinion, be no question of making a presumption that the pay. ment was as a motive or reward for rendering service with any public servant. In this view of the matter we are of opinion that the offence under s. 161 of the Indian Penal Code is not made out against the accused, for one of its essential ingredients is missing and no presumption can be drawn in the circumstances in that connect.ion. We therefore dismiss the appeal though for reasons different from those which com- mended themselves to the learned Judicial Commis- sioner. Appeal dismissed. RAM DIAL v. SANT LAL AND OTHERS (B. P. SINHA, J. L. KAPUR and M. HIDAYATULLAH, JJ.) Election Petition-Allegation of corrupt practice-Mandate to voters by religious leader-Undue influence-Representation of the People Act, r95r (27 of r95r), s. r23(2), proviso (a)( ii). This appeal was directed against concurrent orders of· the Election Tribunal and the High Court on appeal, setting aside the appellant's election to the Punjab Legislative Assembly· on an election petition filed by the respondent No. r, on the ground of corrupt practice of undue influence within the meaning of proviso (a)(ii) to s. r23(1) of the Representation of the People Act, r95r. A large number of voters of the constituency were Namdhari Sikhs and the appellant, under the auth'ority of the supreme religious leader of the Namdhari Sikhs and his son, issued the following poster and distributed it widely throughout the constituency,- • • ~2) S.C.R .. SUPREME COURT REPORTS 749 "A command from Shri Sat Guru Sacha Padshah to the Namdharies of Halqa-Sirsa". "Every Namdhari of this Halqa is commanded by Shri Sat Guru that he should make every effort for the success of Shri Ram Dayal Vaid, a candidate for the Punjab Vidhan Sabha, by giving his own vote and those of his friends and acquaintances, it being our primary_ duty to make him success- ful in the election. The election symbol of Shri Vaid is a riding horseman. Sd. Maharaj Bir Singh S/o. Sat Guru Maharaj Pratap Singh, Jiwan Nagar (Hissar)." Both the Tribunal and the High Court found that the reli- gious leader not only issued the said hukam or command, but also delivered speeches to the effect that every Namdhari must vote for the appellant implying that disobedrence of his mandate would carry divine displeasure or spiritual censure and practi- cally left no free choice to the Namdhari electors. Held, that the case clearly fell within fhe purview of pro- viso (a)(ii) to s. 123(2) of the Representation of the People Act and the appeal must be dismissed. The law in England relating to undue influence at elections, was not the same as the law in India. While the law in England laid emphasis upon the individual aspect of the exercise of un- due influence, under the Indian law what was material was not the actual effect produced but the doing of such acts as were calculated to interfere with the free exercise of an electoral right. . North Durham's case, (1874) 2 O'M. & H. 152, referred to. Decisions of the English Courts in this regard, therefore, could not be used as precedents in India. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 108 of 1959. Appeal from the judgment and order dated Novem- ber 25, 1958, of the Punjab High Court in F.A.O. No. 173 of l!J58. A. V. Viswanatha Sastri and Naunit Lal, for the appellant. M. 0. Setalvad, Attorney-General for India, V. A. Syed M oharmnud and M. K. Ramamurthi, for respon- dent No. 1. R.H. Dhebar, for respondent No. 3. • 1959. April 23. The Judgment of the Court was delivered by I959 Ram Dial v. Sant Lal cS- Others I959 Jla1n Djal v. Sanl La.l & Others Sinha ]. • 750 SUPREME COURT REPORTS [1959] Supp .. SINHA, J.-When the hearing of the appeal had been concluded on March 18, 1959, we had informed the parties, as also the counsel for the Election Com- mission of India, that the appeal is dismissed with costs, and that the reasons would follow. We now proceed to give our reasons. This is an appeal on a certificate of fitness granted by the High Court of Judicatur
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