Corrupt practice by government servants requires clear proof; mere canvassing or allegations do not establish prohibited assistance.

Section 123(7) of the Representation of the People Act, 1951 treats corrupt practice as made out only where a candidate, agent, or another person acting with the candidate's consent obtains or procures non-voting assistance from a person in government service belonging to the specified class. Because the charge is quasi-criminal, it must be established by clear, cogent and credible evidence. Mere allegations, suspicion, or proof of canvassing and asking for votes do not by themselves show prohibited assistance. On the evidence reappraised, the statutory ingredients were not proved and the election challenge failed.

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Issues: Whether the appellant proved that the returned candidate obtained or procured assistance from persons in government service and belonging to the class of gazetted officers so as to constitute corrupt practice under section 123(7) of the Representation of the People Act, 1951.

Analysis: The governing rule under section 123(7) is that corrupt practice is made out only when a candidate, his agent, or another person with the candidate's consent obtains or procures assistance, other than voting, for the furtherance of the candidate's prospects from a person in government service belonging to the specified classes. The charge is quasi-criminal in character and must be established by clear, cogent and credible evidence. Mere allegations, suspicion, or evidence showing that a candidate canvassed for votes do not by themselves prove procurement of prohibited assistance. The evidence was reappraised and found insufficient to show the necessary statutory ingredients with the required degree of proof.

Conclusion: The alleged corrupt practice under section 123(7) was not proved and the challenge to the election failed.

Ratio Decidendi: A charge of corrupt practice under section 123(7) must be proved to the hilt by clear, cogent and credible evidence, and mere canvassing or asking for votes does not amount to obtaining prohibited assistance from government servants.

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