Member of Parliament can claim immunity from prosecution on
a charge of bribery in a criminal court, and whether a
Member of Parliament ... that "neither the statutory
nor the common law applies to the bribery or attempted
bribery of a Member of Parliament in respect
reads:
729
' An Act for the more effective prevention of bribery and
corruption'.
The preamble indicates that the Act was passed ... expedient to make more effective provision for the
prevention of bribery and corruption. The long title as
well as the preamble indicate that
election--Appellate Court's power to
upset findings of trial Court--Bribery, ingredients--Divine
displeasure and undue influence--Court's attitude to--Names ... severity. [650 E-H, 655 F-H]
(3) The corrupt practice of bribery under s.. 123(1) by
placing a car at the disposal
appellants on
charges of conspiracy to cheat the Government and of
bribery. The facts, so far as they are material, may be
briefly stated ... appellants were accordingly charged with conspiracy to cheat
the Government and bribery.
The appellants denied the conspiracy. They stated that the
roads had, in fact
exercise of
undue influence by others, proof-Material effect on
election, proof-Bribery, evidence of.
Costs-Election Petition-When costs may be refused.
Presidential ... vires Art, 58 of the Constitution; (xi)
whether the offence of 'bribery' as alleged by the
petitioners was shown to have been committed
from the polling stations, and (2) that
the appellant committed bribery within the meaning ... High Court erred in holding that there was any
bribery by the appellant within the meaning of s.
123(1)(A)(a) of the Representation
First Respondent were concerned, the
allegation relating to the issue of bribery falling under Section 123(1)(A)
was levelled in paragraphs ... were to the effect that as regards the issue
of bribery, though the same was referred to in paragraphs
threshold itself on the
ground that the charges included allegations of bribery and thus had a
vigilance angle. As such, it was averred that ... noted that not all charges against
the respondent revolved around allegations of bribery. The respondent then
approached this Court
corrupt practices
for the purposes of this Act:
(1) "Bribery", that is to say .-
(A) any gift, offer or promise by a candidate ... inducing a voter to vote, shall be deemed to be "bribery" and
as such shall amount to a corrupt practice. Mass feeding
absurd and baseless and denied in toto the allega-
tion of bribery. The High Court dismissed the petition.
On appeal to this Court ... contention that donation to
public or charitable institutions could not amount to
bribery is a legal plea asserting that even on the state-
ments made
