1999 (9) TMI 1001 - SC - Indian Laws

Summary

Issues Involved:
1. Allegations of corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951.
2. The role of the respondent in the production and exhibition of the video cassette 'Vicharana'.
3. Compliance with the procedural requirements for filing an election petition, including proper verification and affidavit.

Issue-wise Detailed Analysis:

1. Allegations of Corrupt Practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951:
The appellant alleged that the respondent committed corrupt practices by producing and exhibiting a video cassette titled 'Vicharana' which contained objectionable and inflammatory content. The video depicted the demolition of the Babri Mosque and subsequent riots, aiming to incite hatred against the Indian National Congress (I) and the United Democratic Front, thus materially affecting the election results. The High Court found that although the video cassette had a tendency to disturb viewers' minds, it did not contain a direct communal appeal or seek votes on religious grounds. Therefore, the charge of corrupt practice under Sections 123(3) and 123(3A) was not substantiated.

2. The Role of the Respondent in the Production and Exhibition of the Video Cassette 'Vicharana':
The High Court concluded that the respondent acted as a coordinator for the film, assisting in contacting actors and visiting the shooting site. However, it did not find sufficient evidence to prove that the respondent directed or produced the film. The Supreme Court noted that the evidence provided by the appellant, including testimonies of actors and other witnesses, failed to establish the respondent's substantial involvement in the film's production. The Court emphasized that the burden of proof for corrupt practices is akin to proving a criminal charge, requiring clear and credible evidence, which was not met in this case.

3. Compliance with Procedural Requirements for Filing an Election Petition:
The Supreme Court highlighted the importance of strict compliance with procedural requirements under Section 83 of the Act, which mandates full particulars of corrupt practices, including names, dates, and places. The appellant's petition lacked material particulars and failed to specify the source of information for the allegations. The verification of the petition did not meet the requirements of Order 6 Rule 15 of the CPC, as it did not clearly distinguish between facts based on personal knowledge and those based on information. The affidavit accompanying the petition also failed to comply with Rule 94A and Form No. 25 of the Conduct of Elections Rules, 1961. Consequently, the Supreme Court held that the petition should have been rejected at the threshold for non-compliance with mandatory provisions.

Conclusion:
The Supreme Court upheld the High Court's dismissal of the election petition, emphasizing the need for clear, credible, and specific evidence to prove allegations of corrupt practices. The Court also underscored the importance of adhering to procedural requirements in election petitions to ensure the integrity and credibility of the electoral process. The appeal was dismissed with no order as to costs.