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TMI Blog1955 (9) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... llant was proved to have committed the corrupt practice of bribery as mentioned in section 123(1) of the Act. The Appellant thereupon filed in the High Court of Patiala and East Punjab States Union an application under Article 227 attacking the finding of the Tribunal that he was guilty of bribery. The order of the Tribunal in so far as it set aside his election was not challenged. By order dated 12-1-1954 the High Court upheld the findings of the Tribunal, and dismissed the application, and by order dated 7-6-1954 granted a certificate for appeal to this Court under Article 133(1)(c). That is how the appeal comes before us. On behalf of the appellant, the learned AttorneyGeneral raised two contentions: (1) The finding that the appellant was guilty of bribery was reached in disregard of the mandatory provisions of section 83, and that it was besides open to other legal objections; and (2) the finding recorded under section 99 of the Act was bad, because no notice was given to the appellant, and no enquiry held as required by the proviso to section 99. This point was not taken in' the application under Article 227, and was sought to be raised at the time of the argument in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered the suggestion of the appellant, and then decided to vote for him, if the pay was increased. It must be stated that the appellant was then Minister for Health, and was in charge of Local Administration. On 28-11-1951 he passed an order on a memorial sent by the sweepers that their pay would be increased by ₹ 5 per mensem. Objection to the order was taken by the Department, and thereupon, the appellant passed the modified order dated 7-12-1951 granting good work allowance for a period of three months from December 1951 to February 1952. The Tribunal accepted the evidence on the side of the petitioner that the appellant offered to increase the salary of the sweepers in 1951, and held that the order dated 7-12-1951, granting good work allowance for the election period was the outcome of the bargain come to in November 1951, and that the charge of bribery had been established. It is contended for the appellant that in the petition there was no mention of the bargain on which the finding of bribery by the Tribunal was based, that the charge in the petition related only to the order dated 7-12-1951, and that accordingly it was not open to the petitioner to travel beyond the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded that there is no evidence or finding that the sweepers were entitled to vote in the Constituency, or that the appellant was a candidate as defined in section 79(2) at the time when the bargain was made. But the allegation in the petition is clear that the order dated 7- 12-1951 was made with a view to induce the sweepers to vote for the appellant . The reply of the appellant to this was that the order was made in the course of official routine and not to induce the sweepers to vote for him. Far from there being any specific denial that the sweepers were electors, the reply of the appellant proceeds on the basis that they were entitle to vote. This objection was not raised before the Tribunal, and, as pointed out by the High Court, P.W. 12 does say in his evidence that he is a voter. This contention must accordingly be overruled. Nor is there any substance in the contention that there is no proof that the appellant was a candidate at the time of 'the bargain. this again is an objection which was not taken before the Tribunal, and on the evidence of the witnesses examined on the side of the petitioner which was accepted by the Tribunal, the appellant would be a prospective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordingly entitled to fresh notice under the proviso. It is argued that if the language of the enactment is interpreted in its literal and grammatical sense, there could be no escape from the conclusion that parties to the petition are also entitled to notice under the proviso. But it is a rule of interpretation wellestablished that, Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence . (Maxwell's -Interpretation of Statutes, 10th Edition, page 229). Reading the proviso along with clause (b) thereto, and construing it in its set- ting in the section, we are of opinion that notwithstanding the wideness of the language used, the proviso contemplates notice only to persons who are not parties to the petition. The object of giving notice to a person under the proviso is obviously to give him an opportunity to be heard before a finding is given under section 99 (1) (a) (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 311 to show cause against the action proposed to be taken against him. In a warrant case, the accused is not bound to crossexamine the prosecution witnesses before charge is framed, and in the case of civil servants, the decision that they are entitled to a second opportunity was based on the peculiar language of sections 240(2) and (3) of the Government of India Act, 1935, and Article 311 of the Constitution. They are (1) [1953] 8 Election Law Reports 417, 421, exceptional cases, and do not furnish any safe or useful guidance in the interpretation of section 99. The appellant also sought support for his contention that notice should be given under the proviso even to persons who are parties to the election petition, in the provision in section 99 (1) (a) (ii) that the Tribunal might make such recommendations as it thinks proper for exemption of any persons from any disqualifications which may have been incurred under sections 141 to 143. The argument is that the disqualifications mentioned in section 143 could only be with reference to candidates, as they relate to default in filing return of election expenses or in filing false returns, that before the Tribunal could take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a majority that notice under the proviso to section 99 should be given to the parties to the petition also. For the reasons given above, we do not agree with the decision of the majority. Our conclusion is that while the persons to be named under section 99(1)(a)(ii) would include both parties to the petition as well as non-parties, the proviso thereto applies only to persons who had no opportunity of taking part in the trial, and that, therefore, whether notice should issue under the proviso will depend on whether the person had an opportunity to cross-examine witnesses who had given evidence against him and to adduce his own evidence. This conclusion is in accord with the law in England. Under section 140 sub-clause (1) of the Representation of the People Act, 1949, an election Court has to state in its report the names of all persons who are found guilty of corrupt and illegal practice but in the case of some one who is not a party to the petition nor a candidate on behalf of whom the seat or office is claimed by the petition , the court has to issue notice to him, give him an opportunity of being (1) (1953] 8 Election Law Reports 320. heard by himself, and calling eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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