Gurnam Singh V. Pratap Singh Analysis
Dismissing the contention that the Jarman had been motivated not by religious considerations but by a personal grievance, the High Court held that "Motive in such circumstances is wholly immaterial". It observed:
If the influence exercised by the religious and spiritual head has the effect of creating in the minds of the voters a feeling of divine displeasure or spiritual censure then, whatever the motive, the influence would amount to undue influence. The contents of the poster ... unequivocally establish the mandatory nature of the command. Religious sanction is ... implicit in it... on reasonable construction of its contents, it must be held that Maharaj Pratap Singh intended to convey to his followers who are mostly illiterate, ignorant, …show more content…
In Gurnam Singh v. Pratap Singh, the contention before the Ludhiana Election Tribunal was that the respondent by publishing posters with the following words caused spiritual undue influence:
(1) Apnian parichan, panthakumaidwar nun pa ke "Guru Kalgi Dhardhian Khushianprapat Karo... " (By casting your votes in favour of Panthik candidates, have the pleasure of Guru Kalgi Dhar (Guru Gobind …show more content…
"This form of preaching does not amount to intimidation or to undue influence within the meaning of Section 123 (2) of the Representation of the People Act read with clause (II) of its proviso". Regarding the second part of the allegation as to the administration of oath of the Quran to the voters to follow its dictates to support only the party in power and its candidate, the Court held that it "also does not seem to attract the provisions of Section 123 (2) read along with clause (II) of its
If the influence exercised by the religious and spiritual head has the effect of creating in the minds of the voters a feeling of divine displeasure or spiritual censure then, whatever the motive, the influence would amount to undue influence. The contents of the poster ... unequivocally establish the mandatory nature of the command. Religious sanction is ... implicit in it... on reasonable construction of its contents, it must be held that Maharaj Pratap Singh intended to convey to his followers who are mostly illiterate, ignorant, …show more content…
In Gurnam Singh v. Pratap Singh, the contention before the Ludhiana Election Tribunal was that the respondent by publishing posters with the following words caused spiritual undue influence:
(1) Apnian parichan, panthakumaidwar nun pa ke "Guru Kalgi Dhardhian Khushianprapat Karo... " (By casting your votes in favour of Panthik candidates, have the pleasure of Guru Kalgi Dhar (Guru Gobind …show more content…
"This form of preaching does not amount to intimidation or to undue influence within the meaning of Section 123 (2) of the Representation of the People Act read with clause (II) of its proviso". Regarding the second part of the allegation as to the administration of oath of the Quran to the voters to follow its dictates to support only the party in power and its candidate, the Court held that it "also does not seem to attract the provisions of Section 123 (2) read along with clause (II) of its