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1974 (8) TMI 134 - SC - Indian Laws

Issues Involved:
1. Validity of the appellant's election.
2. Allegations of corrupt practices, including bribery and undue influence.
3. Distribution of libellous handbills.
4. Appeal to religion and caste.
5. Bribery involving the provision of a car.
6. False statements and character assassination.

Issue-wise Detailed Analysis:

1. Validity of the appellant's election:
The appellant was declared elected from the Nuh constituency to the Haryana Assembly by a plurality of less than 2,000 votes. The High Court set aside the election due to various grounds of corrupt practices alleged by the first respondent.

2. Allegations of corrupt practices, including bribery and undue influence:
The first respondent challenged the appellant's election on grounds of corrupt practices. The High Court upheld some of these allegations, leading to the voiding of the appellant's election. It was argued that the appellant engaged in bribery and undue influence, including threats of divine displeasure and dietary deviations.

3. Distribution of libellous handbills:
The cornerstone of the election petition was the distribution of libellous handbills and slanderous speeches by the appellant and his companions. The High Court found that the appellant and his supporters distributed handbills that contained false statements about the first respondent, including accusations of bribery, womanizing, and forcing Muslims to eat pork.

4. Appeal to religion and caste:
The handbills and speeches made by the appellant appealed to religion and caste, urging Muslim voters to vote for the appellant because he was a true Muslim, while the first respondent was labeled a kafir. This was found to be a corrupt practice under Section 123(3) of the Representation of People Act, 1951.

5. Bribery involving the provision of a car:
The High Court found that the appellant placed a car at the disposal of respondent No. 3, Sohanlal, with a promise to cover the expenses incurred in hiring and running the car for the election campaign. This was considered a form of bribery to induce Sohanlal to remain in the election, thereby splitting the Harijan vote and benefiting the appellant.

6. False statements and character assassination:
The handbills contained false statements about the first respondent, including allegations of bribery, womanizing, and forcing Muslims to eat pork. These statements were intended to diminish the first respondent's prospects in the election. The Court found that these statements were untrue and that the appellant did not believe them to be true, constituting a corrupt practice under Section 123(4) of the Act.

Conclusion:
The Supreme Court upheld the High Court's decision to set aside the appellant's election based on the findings of corrupt practices, including the distribution of libellous handbills, appeal to religion, and bribery. The Court emphasized the importance of free and fair elections and the need for strict proof in election petitions. The appeal was dismissed, and the election of the appellant was declared void.

 

 

 

 

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