2009 (3) TMI 913 - SC - Indian Laws

Whether an election should be set aside straighway? Held that - Election results should not be lightly set aside and the will of the electorate should ordinarily be respected. Setting aside an election is a serious matter, and should not have been done lightly. We regret to say that in this case the election of the returned candidate has been set aside by the High Court, though no doubt by a rather elaborate judgment, by observing, according to us unwarrantedly, that paragraph No. (2) in Ext.P1 amounts to a false statement affecting the personal character and conduct of Shri T.M Jacob. Once it is held that paragraph No.(2) did not contain any statement regarding the personal character and conduct of Shri T.M Jacob it follows that the tail piece of Ext.P1 that is the exhortation to recognize the shameless hypocrite of development trickery .. react against the deceiver of the people will have to be considered as not against the personal character and conduct of Shri T.M Jacob, but as a statement in respect of his public and political character. This, in our opinion, does not attract Section 123(4) of the Act. Appeal allowed.

Summary

Issues Involved:
1. Whether the publication of pamphlet Ext. P1 amounted to corrupt practice under Section 123(4) of the Representation of People Act, 1951.
2. Whether the statement in paragraph 2 of Ext. P1 affected the personal character and conduct of the candidate, Shri T.M. Jacob.
3. Whether the Election Petition was rightly allowed by the High Court.

Issue-wise Detailed Analysis:

1. Whether the publication of pamphlet Ext. P1 amounted to corrupt practice under Section 123(4) of the Representation of People Act, 1951:

The Supreme Court examined the provisions of Section 123(4) of the Representation of People Act, which defines corrupt practice as the publication of any false statement of fact in relation to the personal character or conduct of any candidate, reasonably calculated to prejudice the prospects of that candidate's election. The Court noted that the High Court had declared the election void on the grounds that the appellant was guilty of corrupt practice under this section. However, the Supreme Court found that the statement in question did not meet the stringent requirements for proving corrupt practice, as it did not directly relate to the personal character or conduct of the candidate, Shri T.M. Jacob.

2. Whether the statement in paragraph 2 of Ext. P1 affected the personal character and conduct of the candidate, Shri T.M. Jacob:

The Court analyzed the specific statement in paragraph 2 of the pamphlet, which alleged that a member of Shri T.M. Jacob's personal staff had attempted to murder certain individuals and was absconding. The Court observed that while the statement about the staff member being an accused in a murder case was true, there was a dispute about whether he was absconding. Importantly, the Court noted that the statement did not allege that Shri T.M. Jacob harbored the accused. The Court emphasized that for a statement to affect the personal character or conduct of a candidate under Section 123(4), it must be proven beyond reasonable doubt, akin to a criminal charge. The Court concluded that the statement did not meet this criterion and hence did not affect the personal character or conduct of Shri T.M. Jacob.

3. Whether the Election Petition was rightly allowed by the High Court:

The Supreme Court critiqued the High Court's approach, stating that the High Court had unwarrantedly concluded that the statement in paragraph 2 of Ext. P1 affected the personal character and conduct of Shri T.M. Jacob. The Supreme Court reiterated that election results should not be lightly set aside and that the mandate of the people should be respected. The Court found that the High Court had erred in setting aside the election based on an incorrect interpretation of the pamphlet's content. The Supreme Court emphasized that the pamphlet's statement was more about the public and political character of the candidate rather than his personal character. Consequently, the Supreme Court allowed the appeals, set aside the High Court's judgment, and dismissed the Election Petition.

Conclusion:

The Supreme Court allowed the appeals, set aside the impugned judgment of the High Court, and dismissed the Election Petition. The Court held that the statement in the pamphlet did not constitute a corrupt practice under Section 123(4) as it did not affect the personal character or conduct of the candidate, Shri T.M. Jacob, and emphasized the importance of respecting the electoral mandate unless all the ingredients of Section 123(4) are clearly made out.