NDLI: Haji C.h. Mohammad Koya Vs. T. K. S. M. A. Muthukoya

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Section 123 (3) (3A) Press and Registration of Books Act 1867 Representation of People Act 1951
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Press and Registration of Books Act, 1867 (25 of 1867) Representation of The People Act, 1951 (43 of 1951)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Representation of People Act 1951 - Sec. 123(3)(3A) - Publication of material promoting hatred between citizens - Seeking votes on religious and communal grounds - Standard of proof - Beyond reasonable doubt of preponderance of probabilities - What constitute - How to be proved. Press and Registration of Books Act 1861 - Sec. 7 - Presumption - Meaning of Editor - Object of the Act. In the General Election to the Legislative Assembly of Kerala in March 1977 the petitioner and the appellant were the contesting candidates from Malappuram constituency. The Appellant was declared elected by polling 56,276 votes defeating the petitioner who secured 39,362 votes. The petitioner filed an election petition alleging that the appellant had committed various corrupt practices falling within the ambit of section 123(3)(3A) and (4) of the Representation of People Act 1951. The main allegation was that the appellant was the Chief Editor of Malayalam daily paper called 'Chandrika' which was the official organ of the Muslim League. According to the petitioner the paper contained articles, extracts of speeches and cartoons which tended to ask the muslims to vote for the appellant on religious and communal grounds and also promoted ill-will and hatred between two classes of citizens, namely, the Janasangh and the Muslim League. At the hearing, the petitioner confined his case only to the corrupt practices alleged by him under section 123(3A). The petition was contested by the appellant. He took the stand that he made no speech which offended section 123(3A) of the Act, nor was he aware of any of the offending articles or cartoons published in Chandrika prior to the election. He denied that he was an editor of Chandrika and admitted that he was the Chief Editor and, that too, only in name. He denied that he had to do any thing with the editorial work of Chandrika or the publication of the speeches. The High Court held that the petition was maintainable. According to the High Court, the appellant was really the editor of the paper and the presumption under section 7 of the Press and Registration of Books Act 1867 would apply.
Judge	Hon'ble Mr. Justice S. Murtaza Fazal Ali
Neutral Citation	1978 INSC 168
Petitioner	Haji C.h. Mohammad Koya
Respondent	T. K. S. M. A. Muthukoya
SCR	[1979] 1 S.C.R. 664
Judgement Date	1978-09-12
Case Number	12

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Haji C.h. Mohammad Koya Vs. T. K. S. M. A. Muthukoya

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