Analysis Of Rustam Satin V. Dr. Sampoornand

In. Rustam Satin v. Dr. Sampoornand, one of the contentions concerning an appeal was that it was based on caste consideration and hence a corrupt practice under Section 123(3) of the Act. The appeal was made by a Prominent Yadav to his Yadav brethren in the following form:

I, therefore, appeal to you to cast your valuable vote for the Congress to strengthen the nation. Heavy industrial centres are being established at Varansi also on behalf of the State Government. There are several schemes for Kashi also which will make her an industrial centre. The citizens of Kashi and particularly the Yadav brethren of the south constituency should not forget how costly and harmful one wrong step on their part might prove. All Yadav brethren should do their duty to the country by voting for the congress.

It was contended before the Allahabad High Court that the appeal was made on the basis of caste. But in the opinion of Takru, J., who spoke for the Court on behalf of himself and Bhargava, J., the passage did not contain any appeal to vote for the respondent on the ground of caste, community or religion. The learned judges agreed that the passage contained an appeal to the Yadavs, they were not prepared to hold that appeal was on the ground of caste, community or religion. "In fact, in the whole of this leaflet there is not even a passing reference to any matter of particular interest to the Yadav caste alone and hence it cannot in our opinion,

S. A. Dange on the ground that they were made on the basis of 'Community' and undue influence and hence fell within the mischief of corrupt practices as defined in Section 123 of the Act. The statements were:

(1) "Brother workers, in the name of Maharashtra and 105 martyrs do not go out on 11th without giving votes and do not betray Samyukta