Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election Law : Representation of the People Act, 1951 : Sections 81(1) and 86-Election petition-To be filed within a period of 45 days-Last date of limitation period a holiday-Petition filed on the reopening day-Held: Section 10 of the General Clauses Act, 1897 applicable and petition was filed within time. Section 79(b)-Election-Corrupt practice-Speeches made by a person prior to the date of his becoming a candidate-Have to be excluded for consideration. Sections 98, 99 and 100(1)(b)-Election Trial-Naming other persons who could be found guilty of corrupt practice-Notice-Issuance of-Held : Court cannot first decide the election petition declaring the election of the returned candidate void and then proceed to issue notices. Sections 81 and 83-Election Petition-Pleadings-Corrupt practice-Documents to be annexed-Photographs of wall paintings-Contents or form of the wall paintings not pleaded-Neither annexed nor copy furnished-Video cassettes or its transcript-Neither produced nor copy furnished-Held: pleadings wholly deficient to constitute corrupt practice, are insufficient to raise a triable issue and was liable to be struck out-Any evidence adduced later would be irrelevant and inadmissible. Sections 99 and 100 (1)(b)-Election petition-Corrupt practice-Appeal on ground of religion-Issuance of notice-Election meeting-Speeches by other persons-Returned candidate's presence not proved-Held : element of candidate's consent which is a constituent part of the corrupt practice not proved and issuance of notice did not arise. Sections 83, 100(1)(b), 123(3) and 123(3-A)-Election petition-Corrupt practice-Pleadings-Vicarious liability of candidate for an act of other persons-Must be pleaded and proved-Speeches made by other persons-Consent of the candidate-Cannot be assumed merely from the fact that he belonged to the same political party-Roving inquiry into the affairs of a political party not permissible. Sections 100(1)(b),123(3) and (3-A)-Corrupt practice-Appeal on ground of religion-Mention of "Hindutva" in election speeches, wall paintings and video cassettes-Did not amount to appeal for votes on the ground of Hindu Religion-''Hindutva''-Use made of-Depended upon the context and the composition of the audience-Mere mention of religion in election campaign not a corrupt practice. General Clauses Act, 1897 : Section 10-Applicable to election petition under Representation of People Act, 1951. Words and Phrases : "Hindutva"-Meaning of.The appellant's election to the State Legislative Assembly was declared void by the High Court under Section 100(1)(b) of the Representation of the People Act, 1951 for commission of corrupt practices under sub-sections (3) and (3A) of the R.P. Act. Simultaneously notices under Section 99 of the R.P. Act. have been issued to five persons on the basis of speeches alleged to have been made by them on 29.1.1990 and 24.2.1990, wall paintings and video cassettes under Sections 123(3) and 123(3A) of the R.P. Act. Aggrieved by the High Court's judgment the appellants preferred the present appeal. On behalf of the appellants it was contended that the election petition was not filed within time and was liable to be dismissed under Section 86 of the R.P. Act; that issuance of notices under Section 99 of the R.P. Act on the basis of speeches made after deciding the election petition was illegal; and that the mention of "Hindutva" in speeches, wall paintings and video cassettes did not amount to appeal for votes on the ground of Hindu Religion. Allowing the appeal |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1995 INSC 871 |
Petitioner | Ramakant Mayekar Etc. Etc. |
Respondent | Smt. Celine D Silva |
SCR | [1995] Supp. (6) S.C.R. 492 |
Judgement Date | 1995-12-11 |
Case Number | 4731 |
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