1995 (12) TMI 406 - SC - Indian Laws

Summary

Issues Involved:
1. Dismissal of Election Petition under Section 86 of the R.P. Act, 1951.
2. Meaning and Effect of Sections 98 and 99 of the R.P. Act, 1951.
3. Validity of the Notices Issued under Section 99 of the R.P. Act.
4. Allegations of Corrupt Practices based on Speeches.
5. Allegations of Corrupt Practices based on Wall Paintings.
6. Allegations of Corrupt Practices based on Video Cassettes.

Detailed Analysis:

1. Dismissal of Election Petition under Section 86 of the R.P. Act, 1951:
The appellant argued that the election petition should be dismissed for being filed after the prescribed period of 45 days from the date of election. The court held that since the High Court was closed on the last day for filing, the petition filed on the next working day was within time. The argument was thus rejected.

2. Meaning and Effect of Sections 98 and 99 of the R.P. Act, 1951:
The court examined the legality of deciding the election petition and declaring the election void under Section 98, and then issuing notices under Section 99. It was held that the High Court misread the decision in D.P. Mishra vs. Kamal Narayan Sharma, and it was impermissible to decide the election petition and then proceed under Section 99. Consequently, the judgment declaring the appellant's election void and the subsequent notices were set aside.

3. Validity of the Notices Issued under Section 99 of the R.P. Act:
The notices issued under Section 99 were challenged on the ground that they could not be issued after the election petition had been decided. The court held that the High Court's view was incorrect and the notices were invalid. The judgment and subsequent notices were thus contrary to law and set aside.

4. Allegations of Corrupt Practices based on Speeches:
The court found that the speeches made on 29.1.1990 were irrelevant as they were made before the appellant became a candidate. For the speeches on 24.2.1990, the court noted that the appellant's presence at the meeting was not proved, and therefore, the element of the appellant's consent was not established. Consequently, the allegation of corrupt practices based on these speeches failed.

5. Allegations of Corrupt Practices based on Wall Paintings:
The court found the pleadings relating to wall paintings deficient as they lacked material facts and particulars necessary to constitute corrupt practices. The photographs referred to were not annexed to the election petition, resulting in a lack of proper pleading. The High Court's finding of corrupt practices based on wall paintings was thus set aside.

6. Allegations of Corrupt Practices based on Video Cassettes:
The court found the pleadings relating to video cassettes deficient and lacking specific facts. The requisite consent of the candidate was not properly pleaded or proved. The High Court's assumption that no specific pleading or proof of consent was necessary was incorrect. The finding of corrupt practices based on video cassettes was set aside.

Conclusion:
The findings on all points against the appellant were set aside, resulting in the dismissal of the election petition. The notices issued under Section 99 of the R.P. Act were quashed. The appeals were allowed, and the appellant was awarded costs throughout from the respondent.