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TMI Blog1960 (11) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, was substituted as a petitioner and allowed to prosecute the petition which had been filed by Shrimati Gurcharan Kaur. A portion of the evidence was recorded by Shri Rameshwar Dayal as Election Tribunal and later on the other portion of the evidence was recorded by his successor, Shri Kartar Singh Campbellpuri. In this case the present petitioner wanted to file details of certain alleged corrupt practices but he was not allowed to give the particulars. 2. On 25th of August, 1958, the Election Tribunal held that no corrupt practices had been committed by the successful candidate and the election petition was dismissed. 3. The present petitioner then filed an appeal to the High Court and on 26th of May, 1959, a Bench of this Court dismissed the appeal, giving rise to the present petition. The learned counsel for the petitioner is desirous of obtaining leave to appeal to the Supreme Court on a number of points enumerated under para 2 of the petition. The jurisdiction of this Court under Article 133(1)(c) is very wide and no attempt has been or perhaps could be made to crystallise the exercise of the High Court's discretion. Certain tests, both of positive and negati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w that the Tribunal was justified in refusing to allow the appellant to furnish particulars after the expiration of the period of limitation prescribed for filing election petitions. In other words the Bench thought that the discretion which vested in the Tribunal had been rightly exercised. On this finding the petitioner is not entitled to get leave under Article 133(1)(c) of the Constitution. 6. The third, fourth, fifth and ninth questions have been taken together by the learned counsel. They are to the effect whether any authority to act as agent from a candidate at an election is necessary to constitute one to be the agent; whether acquiescence or disavowal on the part of a candidate in an election is not sufficient for holding one to be the agent in respect of the election of that candidate; and whether the scope of agency under election law is much wider than that under the common law. 7. On the above questions the Division Bench expressed the view that the definition of any election agent was wide but even then it could not include a volunteer canvassing for at candidate without any authority from him or his election-agent and that the returned candidate cannot be held res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditor of the "Milap" was not the agent of the successful candidate and there was no evidence in support of this allegation. This, being a finding of fact, cannot furnish a ground for leave to appeal to the Supreme Court. We cannot, therefore, certify a conclusion drawn from evidence and circumstances of a particular case to be a fit one for appeal to the Supreme Court. On this point, therefore, no question of fitness arises. 8. The sixth question is whether the burden of proving that a particular statement of facts made by a person was believed by one to be true or it was not believed to be true, rests upon the petitioner. The Bench came to the conclusion that the petitioner had to prove this fact even though the news which had been given circulation was false. On the facts the Bench came to the conclusion that the petitioner had failed to prove that Shri Ranbir Singh, editor of the "Milap", believed the news as to Shrimati Gurcharan Kaur not contesting the election, to be false or believed it not to be true. The petitioner, according to the view taken by the Bench, not only failed to show that Shri Ranbir Singh was the agent of the successful candidate but he had committed no suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a corrupt practice namely undue influence as defined under Sub-section (2) of Section 123 of the R. P. Act". "12. Whether Pandit Jawahar Lal Nehru, Prime Minister of India and Leader of a political party is entitled to ask a candidate at election to retire from the contest and interfere in the way of exercise of electoral franchise." What is alleged is that Shrimati Manmohini Sehgal was asked to retire from the contest by the Prime Minister and not to contest the election as against Shrimati Sucheta Kriplani and this amounted to the exercise of undue influence within the mischief of Section 127. Question No. 12 raises a broader issue and what was really suggested by the counsel for the petitioner was that in view of the esteem in which the Prime Minister is held and in view of his universal popularity and great influence any request made by him to a candidate at election not to contest amounts to interference with the exercise of electoral franchise. 12. Before examining the factual position in this case the expression "undue influence" requires to be carefully analysed and understood. The legal phrase "undue influence" denotes something legally wrong or violative of a lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attachment or respect or which results from arguments or appeals to the reasons and judgment is not undue. 13. Now it may be seen as to what has been done in this case. Pandit Jawahar Lal Nehru was examined as P. W. 22 and what he said may be reproduced in his own words : "I forget, who spoke to me about it but it is obviously our policy that congress people should not oppose each other in election and where such an event is likely to take place, we try to avoid contest between congressmen. When this fact of Mrs. Manmohini Sehgal having sent in nomination paper was brought to my notice, I expressed my regret that there should be a possibility of such a conflict between congress member .............. I presume that she (Mrs. Manmohini Sehgal) came to an independent decision in the matter after consulting her workers. My advice no doubt was considered by her ............ I was more interested in the maintenance of congress discipline and it was from this point of view chiefly that I advised Mrs. Manmohini Sehgal. There was no question of my compelling her to do something against her wishes or interest. It is quite absurd to say that I was intervening with anybody's electoral r ..... 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