Election symbol references and respondent support on appeal did not establish corrupt practice or invalidate the nomination.

A reference to an election symbol as the Dhruva star in pamphlets did not, on a fair reading, amount to a corrupt practice under Section 123(3) of the Representation of the People Act, 1951 because the literature did not make a direct appeal to religious sentiment or use the symbol in a religious sense. The text also notes that, once special leave is granted, a respondent may support the impugned judgment on grounds rejected below even without a separate appeal. On the age objection, the evidence accepted by the High Court showed the candidate had attained the qualifying age before scrutiny, so the nomination was not invalid and the election could not be set aside.

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Issues: (i) Whether describing the election symbol as the Dhruva star in pamphlets and setting out its attributes amounted to a corrupt practice under Section 123(3) of the Representation of the People Act, 1951; (ii) whether the first respondent could support the High Court's judgment on the ground that the second respondent's nomination was improperly accepted despite not having filed an appeal against that finding; (iii) whether the second respondent had not attained the qualifying age on the date of scrutiny so that his nomination was invalid and the election result materially affected.

Issue (i): Whether describing the election symbol as the Dhruva star in pamphlets and setting out its attributes amounted to a corrupt practice under Section 123(3) of the Representation of the People Act, 1951.

Analysis: The statutory prohibition covers an appeal to religion and the use of or appeal to a religious symbol. The symbol of a star was allotted by the Election Commission, and the pamphlets merely described it as the Dhruva star and referred to qualities associated with Dhruva. On a fair and reasonable construction of the election literature, the reference did not amount to an appeal to religious sentiment. Dhruva was treated as a revered figure, not a deity, and no direct appeal was made to voters on religious grounds. A symbol cannot be converted into a religious symbol merely by associating it with a mythological or laudatory reference unless something more shows an appeal in the name of religion.

Conclusion: No corrupt practice under Section 123(3) was established on this ground.

Issue (ii): Whether the first respondent could support the High Court's judgment on the ground that the second respondent's nomination was improperly accepted despite not having filed an appeal against that finding.

Analysis: Once special leave is granted, an appeal is before the Court and it may consider all points arising from the judgment appealed against. A respondent is not confined to grounds accepted below, and the Court may permit support of the judgment on grounds rejected by the lower court. The earlier narrow view was overruled, and the preliminary objection was rejected.

Conclusion: The respondent was entitled to support the judgment on the nomination issue despite not filing a separate appeal.

Issue (iii): Whether the second respondent had not attained the qualifying age on the date of scrutiny so that his nomination was invalid and the election result materially affected.

Analysis: The High Court had assessed the evidence and preferred the school certificates over the birth and death register entries. The finding that the second respondent had completed the qualifying age before scrutiny was not seriously challenged and no reason was found to displace it.

Conclusion: The nomination was not improperly accepted on the ground of age.

Final Conclusion: The election petition failed on the only surviving grounds, and the appellant's election could not be set aside.

Ratio Decidendi: A reference to a candidate's election symbol in religious or mythological terms does not constitute a corrupt practice under Section 123(3) unless the literature, read fairly as a whole, actually appeals to religious sentiment or uses a symbol in a religious sense to solicit votes.

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