Representation of the People Act, 1951 — Section 123

August 24th, 2013

Representation of the People Act, 1951 — Section 123 — Legality of free distribution of largesse during election — Application of Vishaka principle, Whether required? — Held, in view of existence of a special legislation, namely, the Representation of People Act wherein Section 123 enumerates exhaustively a series of acts as “corrupt practice”, therefore, this is not a case of legislative vacuum where the judiciary can apply its inherent power to frame guidelines — Constitution of India — Article 136 — Legality of free distribution of largesse during election — Inherent power to frame guidelines, Requirement for exercise of.

(Para 71)

S. Subramaniam Balaji v. Government of Tamil Nadu[Bench Strength 2], Civil Appeal No. 5130/2013 (Arising out of SLP (C) No. 21455/2008)(05/07/2013), 2013(8) SCALE 249: 2013(10) JT 153 [P. Sathasivam, J.: Ranjan Gogoi, J.]

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