SHRI UMED versus RAJ SINGH & ORS.

Citation: [1975] 1 S.C.R. 918 · Decided: 28-08-1974 · Supreme Court of India · Bench: D.G. PALEKAR · Disposal: Disposed off

Judgment (excerpt)

918 
SHRI UMED 
A 
v. 
RAJ SINGH & ORS. 
August 28, 1974. 
[D. G. PALEKAR, P. N. BHAGWATL AND R. S. SARKARJA, JJ.] 
Representatian 
of the 
People 
Act (43 
of 
1951), 
s. 123(i)(A)(a)-
B 
"Withdraw from beinfl a candidate," if includes "retire fronz contest after last 
date of withdrawal of candidature under s. 37." 
With respect to the election to the State Legislati\'e Assembly the last date 
for filing nominations was fixed on 11th February, 1972, and the last date for 
withdrawal of candidature was fixed on 14th February, 1972. The poll was 
held on 11th March. 1972 and the appellant. who polled the highest n11u1ber 
of votes, was declared elected on 12th ~iarch. The respondent filed an election 
petition challenging. the appellant's election alleging that he was guilty of seve· 
C 
ral corrupt practices. The High Court found thiiJ,t, (1) the appellant comn1itted 
a corrupt pr&ctice by hiring anct procuring two jeeps and two trucks for the 
free conveyance of electors to and from the polling stations, and (2) that the 
appellant committed bribery within the meaning of s. 123 (l)(A)(a) in so far 
as he, on March, 10, 1972, made a payment of Rs. 1000 /- to one of the con-
testing candid.ates, with the object of inducing him to continue to stand as a 
candidate at the election and not to withdraw from it, in order to wean away 
votes of Harijans and members of backward classes from the respondent; and 
D 
set aside the appellant's election. 
In appeal to this Court, 
HELD : ( 1) On the evidence, there was proof of corrupt practice by the 
appeUant only in relation to one truck. 
There was no acceptable evidence re-
garding the two jeeps, and, with respect to the other truck, though it was used 
for the purpose of conveying electors it could not \Je held, on the evidence that 
the appellant or his election agent had procured it for the conveyance of electors. 
E 
But1on that one single ground of corrupt practice found, the order of the High 
"" 
Couft setting aside the election of the appellant must be confirmed. 
[933 E; 
934D; 937 A-B; 939 G] 
(2) The High Court erred in holding that there was any bribery by the ap· 
pellant within the meaning of s. 123 ( 1) (A) (a) of the Representation of the 
People Act, 1951, with respect to one of the contesting candidates as alleged 
by the respondent. It must also be held on the evidence that even if any amount 
was paid to that contesting candidate it was not with the object of inducing hin1 
F 
not to withdraw from the contest. 
f929 Fl 
(3) Further, s. 123(1)(A)(a) is inapplicable to a situation where a can-
didates retires from the contest after the date fixed for the withdrawal of Jiis can-
didature. The words "to withdraw or not to \Vithdraw from being a candidate' 
in the clause refer to the stage of withdrawal of candidature under s. 37, and 
they do not apply to a situation where a contesting candidate announces that 
'11. 
he does uot wish to Contest the election or declares his intention to sit down 
after the last date· for the withdrawal of candidature under s. 37 is past and~ list 
G 
of contesting candidates is published under s. 38. 
[940 H-941 C; 946 C·F] 
(a) The democratic form of Government requires that the election process 
• 
must remain pure and unsullied. 
To secure this various provisions have been 
made in the Representation of the People Act, 1951, one of which is s. 123 
(l)(A)(a). It must, therefore. be construed so as to suppress the mischief and 
advance the remedy. But that does not mean that a construction should be adop-
ted which ignores the plain natural meaning of the words or disregards the 
context -end the coUocation in which they occur. The words used by the legis- - H 
lature must be construed according to their plain natural meaning, and, in order 
to ascertain that true intention of the legislature the court must not only look at 
the words used by the legislature but also have regard to the context and the 
setting~ in which they occur. The word "context" is used in a vide sense which 
A 
B 
c 
D 
E 
F 
•• 
G 
H 
UMED V. RAJ SINGH 
. 919 
requires that all the provisions of the Act which bear· upon the same subject 
matter must be read as a whole and in their entirety, each throwing light and 
illumining the meaning of the other. 
[943 F-944 C] 
(b) Section 55-A rel8-ting to retirement .from contest, \Vas introduced in the 
1951-Act by the Amending Act 27 of 1956. The Amending Act amended s. 
123 (i) (a) also, by adding the word

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