Caste-based electoral appeals with candidate consent constitute corrupt practice under election law and justify setting aside the result.

Appeals to voters on caste grounds, when made in the candidate's presence or with the candidate's consent, were treated as corrupt practice under Section 123(3) of the Representation of the People Act, 1961. The Court accepted oral evidence from witnesses and relied in part on a contemporaneous letter to corroborate the caste-based appeal and the speaker's influence within the relevant group. It also upheld the High Court's findings on witness credibility and found no basis to disturb them. Once caste-based solicitation of votes was established, the ingredients of corrupt practice were satisfied, and the separate undue influence issue did not require decision.

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Issues: Whether appeals to voters on the ground of caste, made in the presence of and with the consent of the candidate, constituted corrupt practice under Section 123(3) of the Representation of the People Act, 1961, so as to justify setting aside the election.

Analysis: The evidence of oral appeals made by Swamiji in several villages, supported by witness testimony and corroborated in part by a contemporaneous letter written by him, was accepted as reliable. The letter was treated as relevant to the extent that it showed Swamiji's support for the appellant and his influence among the caste group, thereby lending support to the oral evidence. The Court also upheld the findings on witness credibility recorded by the High Court and found no sufficient basis to disturb them. Since the established conduct showed appeals to caste loyalties to secure votes for the appellant, the ingredients of corrupt practice under Section 123(3) were made out. The separate challenge based on undue influence was not necessary to decide once the caste-based corrupt practice was established.

Conclusion: The caste-based appeals amounted to corrupt practice under Section 123(3) of the Representation of the People Act, 1961, and the election was rightly set aside.

Ratio Decidendi: A request or appeal to voters to support a candidate on caste grounds, when proved to have been made with the candidate's consent or presence, constitutes corrupt practice under Section 123(3) of the Representation of the People Act, 1961.

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