Corrupt practice by religious appeal proved where election materials solicited support from voters on grounds of religion and community.

The circulation and publication of a notice and photo calendar were held to amount to corrupt practice under Section 123(3) of the Representation of the People Act, 1951, because the materials were found to contain an appeal to Christian and Catholic voters to support the candidate on grounds of religion, caste and community. The Court reiterated that corrupt practice is quasi-criminal and must be proved beyond reasonable doubt, but that standard does not make proof impossible. It further held that the objection to the mode of proof of the exhibits was belated, and non-examination of the named author did not dislodge the case proved by the pleadings and witness evidence. The election was accordingly sustained as set aside on that ground.

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Issues: Whether the circulation and publication of the notice and photo calendar constituted a corrupt practice under Section 123(3) of the Representation of the People Act, 1951.

Analysis: The notice, read with the calendar, contained an appeal to the Christian and Catholic electorate to support the candidate on the ground of religion, caste and community. The pleadings specifically alleged printing and circulation through the candidate's election agent and workers, and the evidence of the witnesses proved that the materials were printed, paid for and distributed with the candidate's knowledge. The Court reiterated that a charge of corrupt practice is quasi-criminal in nature and must be proved beyond reasonable doubt, but the standard does not make such proof impossible. It also held that objection to the mode of proof of the exhibits was belated, and non-examination of the named author did not defeat the proved case.

Conclusion: The corrupt practice under Section 123(3) was proved, and the finding setting aside the election on that ground was sustained.

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