Sabyasachi Mukharji, J. - (1.) The appellant and the respondents contested the election to Punjab Legislative Assembly held in May, 1980 from Muktsar Constituency Polling was held on 31st May, 1980 and the result was declared on 1st June, 1980 in which the appellant secured 29,600 votes and respondent No. 3 secured 30,003 votes. The other candidates got only nominal votes. There was thus a difference of 403 votes in favour of the respondent No. 3. Respondent No. 3 was declared elected. The election of respondent No. 3 was challenged by an election petition alleging that the respondent No. 3 had indulged in corrupt practice in the said election and as such his election was liable to be set aside and he was liable to be disqualified for corrupt practice. Corrupt practice makes the election liable to be set aside under S. 100(1)(b) of the Representation of the People Act, 1951, hereinafter called the Act which is as follows:-"100. Grounds for declaring election to be void - (1) Subject to the provisions of sub-section (2) if the High Court is of opinion - (a) .............. (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any person with the consent of a returned candidate or his election agent; or"
(2.) What are deemed to be corrupt practices are indicated in S. 123 of the Act. Sub-section (3) of the said section is as follows:- "The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use, or appeal to religious symbols or the use of, or appeal to, national symbols such as the notional flag or the national emblem, for the furtherance of the prospects of the election of that candidate or prejudicially affecting the election of any candidate. Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purpose of this clause."
(3.) It may be mentioned that before the amendment Act, 40 of 1961, effected on 12th Sept. 1964. sub-s. (3) of S. 123 of the Act was as follows: "The systematic appeal by a candidate or his agent or by any other person, to vote or, refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.";