There is no precise and coherent definition of religion. The term 'religion' has been given different interpretations by different writers. Ronald Roberston states that 'Religion refers to the existence of supernatural beings which have a governing effect on life'. For Emile Durkheim, 'Religion is a unified system of beliefs and practices related to sacred things, that is to say things set apart and forbidden'. And in Marx's words, 'Religion IS the sign of the oppressed creature, the sentiment of a heartless world and the soul of soulless conditions. It is the opium of the people'. However, in the words of Harry M. Jonson, 'Religions vary so widely in doctrine, practice, and organization and religious feelings are so personal and difficult
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Mukhtiar Singh, has held that it is not necessary for an appeal to come within the ambit of Section 123(3) that there be a conflict of religions. Gajendragadkar. C.J., speaking on behalf of a five- judge division bench, observed that a corrupt practice under Section 123(3) can be committed by a candidate by appealing to the voters to vote for him on the ground of his religion even though his rival candidate may belong to the same religion. In the instant case both the appellant as well as the respondent were Sikhs. The facts were that the appellant who was elected to the Punjab Legislative Assembly by defeating the respondent had stood for election on the Akali Dal ticket. The respondent represented the Congress …show more content…
The Court analysed the meaning of the word "Panth" in the context of the pamphlet the distribution of which was alleged to constitute corrupt practice. The word "Panth" occurs in six places in the pamphlet. First, reference is made to the honour of the Panth; then it is said that it is not the time to criticise the leaders of the Panth. In both these places, according to the Court, the word "Panth" may conceivably mean the Sikh religion. "But when we go to the use of the word "Panth" in the next sentence, it becomes clear that the said word cannot possibly mean the Sikh religion". The relevant portion of the pamphlet says to the electors to defeat the opponents of the Panth the same way as they did in the last Gurdwara election. Gurdwara elections were fought between different parties of the Sikhs and the Akali Dal Party triumphed at the said elections. "Therefore", the Court observed, "there is no doubt whatever that in this sentence, the Panth cannot possible mean the Sikh religion." The expression "the opponents of the Panth" obviously means the opponents of the Akali Dal party and what the pamphlet purports to tell the electors is, just as at the last Gurdwara Elections the Akali Dal Party succeeded over its opponents, so should the Akali Dal Party triumph in the election in question." The next sentence makes it
Mukhtiar Singh, has held that it is not necessary for an appeal to come within the ambit of Section 123(3) that there be a conflict of religions. Gajendragadkar. C.J., speaking on behalf of a five- judge division bench, observed that a corrupt practice under Section 123(3) can be committed by a candidate by appealing to the voters to vote for him on the ground of his religion even though his rival candidate may belong to the same religion. In the instant case both the appellant as well as the respondent were Sikhs. The facts were that the appellant who was elected to the Punjab Legislative Assembly by defeating the respondent had stood for election on the Akali Dal ticket. The respondent represented the Congress …show more content…
The Court analysed the meaning of the word "Panth" in the context of the pamphlet the distribution of which was alleged to constitute corrupt practice. The word "Panth" occurs in six places in the pamphlet. First, reference is made to the honour of the Panth; then it is said that it is not the time to criticise the leaders of the Panth. In both these places, according to the Court, the word "Panth" may conceivably mean the Sikh religion. "But when we go to the use of the word "Panth" in the next sentence, it becomes clear that the said word cannot possibly mean the Sikh religion". The relevant portion of the pamphlet says to the electors to defeat the opponents of the Panth the same way as they did in the last Gurdwara election. Gurdwara elections were fought between different parties of the Sikhs and the Akali Dal Party triumphed at the said elections. "Therefore", the Court observed, "there is no doubt whatever that in this sentence, the Panth cannot possible mean the Sikh religion." The expression "the opponents of the Panth" obviously means the opponents of the Akali Dal party and what the pamphlet purports to tell the electors is, just as at the last Gurdwara Elections the Akali Dal Party succeeded over its opponents, so should the Akali Dal Party triumph in the election in question." The next sentence makes it