Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election Laws : Representation of the people Act 1951-Sections 81(1), 81(3), 82, 83, 86, 99, 100(1) (b), 177. Election petition-Allegation of corrupt practice-Proof of-Requirement at the trial is higher and confined to strict legal evidence. S 81(1), and S 81(3)-lnterpretation of Consent-Nature of-Presumption that party leaders are agents of candidate not correct. Vicarious liability of candidate for practices adopted by party members-Arises when he consents. Non-compliance with S 81(3),effect of 'Hindutva'-Does not invariably mean Hindu religion, and the context and purpose of the use is to be considered in arriving at a decision. The Appellant who was supported by the B.J.P.-Shiv Sena alliance, won the election from Dadar constituency of Bombay. The Respondent who was the Congress candidate and lost the election to the Appellant, challenged the election of the Appellant before the High Court at Bombay on the ground of corrupt practice under S 123(3) & (3A), of R.P. Act and relied on the speeches delivered on 24.2.90, at Shivaji Park both by the candidate as also the B.J.P/Shiv Sena Party leaders and on the audio and video cassettes played during the election campaign. However the audio cassettes were not produced before the Trial Court and video cassettes were produced not with the petition but later during the trial. The Trial court allowed the election petition after rejecting the contention of the successful candidate that the petition was time-barred. The election of the Appellant was therefore declared void on the ground under S 100(1)(b) of R.P. Act. In appeal to this court, on behalf of the Appellant, inter alia, the following submissions were made. (1) The election petition ought to be dismissed u/s 81 (l) of the R.P. Act, since the said Act was a self contained code and no provision outside the Act can be used to compute limitation. (2) The election petition and its copy should satisfy the requirements u/s 81(3) of the R.P. Act, and this was not met since neither the video cassettes nor the transcript thereof was supplied though reliance was placed on it in the petition. (3) There is deficiency in relying on video cassettes for pleading corrupt practice and this is hit by 06 R16 CPC, leaving only the speeches as the basis of the allegation of corrupt practice. (4) No corrupt practice u/s 123(3) or (3A) of the R.P. Act is established by either the pleadings or the relevant and admissible evidence produced before the Trial Court. Countering the arguments on behalf of the respondent it was submitted (1) The scheme of the R.P. Act and the legislative history of limitation show that S.10 of the General Clauses Act would apply for calculating the period of limitation. Reliace was placed on the maxim 'lex non Cojit ad impossibilia'. The petitioner has a right to present the petition on the last day which was 14.4.90, and that being a holiday, the petition was presented on 16.4.90, which was the first working day thereafter, and hence the petition was within the limitation (2) Neither the video cassette nor the transcript was filed with the petition and therefore not serving the same with the copy of the petition on the Appellant did not amount to non-compliance with S 81(3) of the R.P. Act. (3) Corrupt practice was properly pleaded in the petition and the fact that the Appellant had admitted to the existence and use of the video cassettes can be taken as proof of the pleadings. (4) The consent of the candidate to the speeches of acknowledged party leaders should be implied from the relationship of the candidate to these leaders through the party links. In fact the party leaders are to be assumed to be the agents of the candidate. Therefore the speeches of the party leaders may be termed corrupt practice; then the ground u/s 100(1)(b), of the R.P. Act would be available for setting aside the election. Unless this presumption is available the candidate would be able to take the benefit of speeches made on the ground of religion and this would vitiate against the very essence of democracy and the object of the Act. Allowing the Appeal |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1995 INSC 869 |
Petitioner | Manohar Joshi |
Respondent | Nitin Bhaurao Patil And Anr. |
SCR | [1995] Supp. (6) S.C.R. 421 |
Judgement Date | 1995-12-11 |
Case Number | 4973 |
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