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PETITIONER: DR. Y. S. PARMAR
Vs.
RESPONDENT: SHHIRA SINGH PAUL AND ANOTHER
DATE OF JUDGMENT: 17/10/1958
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B.
CITATION: 1959 AIR 244 1959 SCR Supl. (1) 213 CITATOR INFO : D 1975 SC2299 (412)
ACT: Election-Coyrupt Practice-Procuring assistance of Government servant-Candidate appointing person as Polling agent, not knowing him to be Government servant-Mens rea, if ncccssary ingredient-Representation of the People Act (43 of 1951), ss. 46 and 123(7).
HEADNOTE: The appellant, who was a candidate for election to Parlia- ment, signed a very large number of blank forms for the appointment of polling agents and made them over to one Kalyan Singh. Kalyan Singh passed on three of the forms to Kashmira Singh after inserting therein the name of a particular polling station. Kashmira Singh filled in the name of Amar Singh as the polling agent in one of these three forms and gave it to Amar Singh, who, duly signed the form, filed it before the presiding officer of the polling station and acted as the appellant’s polling agent. Amar Singh was a member of the armed forces but this fact was not known to the appellant or to Kashmira Singh or Kalyan Singh. After the poll the appellant was declared elected but on an election petition being...