AIR 1959 MADHYA PRADESH 141 ::1959 MPLJ 69 ::1958 JabLJ 805

Madhya Pradesh High Court

Hon'ble Judge(s): M. Hidayatullah , C.J. AND G. P. Bhutt , J

(A) Constitution of India , Art.329(B)— S.116A, Representation of the People Act, whether offends Article. Elections. Representation of The People Act (43 of 1950) , S.116A— The words "in such manner as may be provided by or under any law made by the appropriate Legislature" in Article 329(b) are governed by the word 'except' which precedes them, and, therefore, Parliament was also competent to provide an appeal for decision of the election disputes under S. 116A. Further, since an appeal is only a continuation of the original lis, the power of the Parliament, under Article 329(b), would also extend to providing an appeal and also an authority to decide it, when it had the power to make a law for decision of an election petition by an Election Tribunal. Therefore S. 116-A in so far as it provides an appeal from the decision of an Election Tribunal, cannot be held to offend Art. 329(b).(Para 8) (B) Representation of The People Act (43 of 1950) , S.7(e)— Elections - Profit - Monetary gain for services rendered. Where for the services rendered by a person to a company he makes a monetary gain, such gain would amount to "profit" within the meaning of S. 7(e).(Para 9) ....