Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act 1951-Sections 99(1) Proviso, 100(1)(b), 123(3), 123(3A)-Denial of opportunity to noticee to plead and prove constituent parts of corrupt practice-Whether noticee could be held guilty of commission of corrupt practice-Held, noticee has independent right to show that constituent parts of corrupt practice are not made out and that corrupt practice alleged is not proved-Noticee cannot be refused this opportunity at the threshold even if candidate omits to deny existence of any constituent part of corrupt practice-Order naming noticee for commission of corrupt practice, held, vitiated-Section 116A-Election-corrupt Practice Civil Procedure Code 1908-Order VIII Rule 5(1)-Representation of the People Act 1951-Sections 100(1)(b), 123(3), 123(3A)-Consent of returned candidate to offending speeches alleged-Implied admission of averments by non-traverse in written statement, whether made out-Held, when alleged consent denied to have been given either expressly or by implication, and assertion of returned candidate that he was in no way connected with any act of alleged agent or responsible for her actions, denial contemplated Under Order VIII Rule 5, clearly made out-Refusal of permission to lead evidence about personal absence on ground that specific denial not made in written statement, held, contrary to law-Such evidence may be significant only to assess probative value but it cannot be shut out as irrelevant or inadmissible-Election-Corrupt Practice-Pleadings Evidence Act 1872, Section 11 Representation of the People Act 1951-Sections 123(3), 123(3A), 100(1)(b), 29A-Whether manifesto of political party could by itself constitute basis for finding of corrupt practice-Whether appeal for votes on ground of religion made out-Held, manifesto of political party could not by itself form basis for holding candidate guilty of corrupt practice where no part in its drafting or use in campaign attributed to candidate'-Held further, on facts, appeal on ground of religion not established-No legal evidence to prove allegation of corrupt practice-Election of returned candidate upheld-Election-Corrupt Practice-Secularism. Election for the Lok Sabha from the Thane Parliamentary constituency was held on 15 June 1991. The election of appellant, the BJP candidate, was challenged in an election petition alleging corrupt practice. The allegation was based on three speeches made by Sadhvi Rithambra, L.K. Advani and Pramod Mahajan. The High Court, while rejecting the claim in the petition on the basis of the speech of L.K. Advani, held the other two speeches to be corrupt practice under Sections 123(3) and 123(3A), Representation of the People Act 1951 ('Act'). It held that both these speeches had been made in the presence of the appellant which proved his consent. The High Court disallowed, in the examination-in-chief, questions put to the appellant returned candidate indicating his personal absence from the meeting held wherein one of the alleged speeches was made, on the ground that there was no specific denial of his presence at the meeting in his written statement. An application for amendment of the written statement was also rejected. An SLP to this Court against that order was dismissed. Thereafter, the deposition of the appellant- candidate having concluded and the evidence being closed, notices under Section 99 of the Act were given to the two noticees. The noticee's application for calling evidence to prove the absence of the appellant-candidate from her meeting was rejected by the High Court. The noticee's SLP to this court was dismissed. The High Court thereafter allowed the election petition and declared the election of the appellant to be void. In appeal, this Court considered whether the noticee had an independent right to plead and prove the want of any constituent part of the corrupt practice alleged; whether any implied admission of the averments in the election petition could be read in the written statements of the returned candidate; whether the manifesto of a registered political party could form the basis for finding the candidate guilty of corrupt practice; and whether there was evidence to prove the allegation of appeal for votes on the ground of religion. Allowing the Appeal |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1995 INSC 870 |
Petitioner | Prof. Ramchandra G. Kapse Etc. |
Respondent | Haribansh Ramakbal Singh Etc |
SCR | [1995] Supp. (6) S.C.R. 471 |
Judgement Date | 1995-12-11 |
Case Number | 4334 |
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