9911796707
TMI Blog1984 (11) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... alified for corrupt practice. Corrupt practice makes the election liable to be set aside under Section 100(1)(b) of the Representation of the People Act, 1951, hereinafter called the Act which is as follows : 100. Grounds for declaring election to be void: (1) Subject to the provisions of Sub-section (2) if the High Court is of opinion- (a)... (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any person with the consent of a returned candidate or his election agent; or 2. What are deemed to be corrupt practices are indicated in Section 123 of the Act Sub-Section (3) of the said section is as follows: The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use, or appeal to religious symbols or die me of, or appeal to, national symbols, such, as the national flag or the national emblem, for me furtherance of me prospects of the election of that candidate or for prejudicially affecting the election of any Provided that no symbol allotted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs, inter alia, at Muktsar, (2) Khokhar and (3) Harika Kalan speeches were delivered by eminent public persons appealing to the voters that as respondent No. 3 was the candidate of the Akal Takht and his nomination was supported by the Hukamnama of Akal Takht, the people should vote for him and not to vote for him would be against the tenets of the Sikh religion and would be a blasphemous act against the Sikh religion. In publications like Akal Times the same view was propounded and it was indicated that Indira Congress was always against Sikh people and Sikh religion and as such to vote for Congress (1) would be to vote against Sikh religion, were pointed out at the meetings. It was emphasised before us that a Hukamnama for a Sikh is of great consequence and disobedience to Hukamnama entails great misfortune. It is necessary, however, to examine in detail the actual evidence adduced in support of these allegations. The learned Judge of the High Court of Punjab and Haryana on an analysis of the nature of the Hukamnama as well as examination of the evidence adduced before him came to the conclusion that neither was it established that respondent No. 3 had appealed in the name of rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of his caste. Before this Court, the question involved was whether the High Court was correct in holding the appellant guilty of three corrupt practices. The High Court after considering the evidence held inter alia that there was sufficient evidence to show that the campaign on the basis of caste was carried on at numerous places and at some places by ' appellant himself and at some places by others in his presence and at others by several workers of the appellant including his election agent The High Court felt that the conclusion was inevitable that all this was done with the appellant's consent direct or implicit. This Court held that the High Court was right in its conclusion and the appellant was proved to have committed corrupt practice falling under Section 123(3) of the Act. Dealing with the allegations of appeal in the name of religion, this Court observed at p. 497 of the report in paras 12 and 13 thus: Para 12: Indian leadership has condemned electoral campaigns in the lines of caste and community as being destructive of the country's integration and the concept of secular democracy which is the basis of our Constitution, It is this condemna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came to the conclusion that the allegation of appealing in the name of religion namely appealing on the basis of caste was proved in the facts and circumstances of that case. It was argued that Barbara constituency was a composite constituency and therefore if the appellant and his agent were to campaign on caste basis, those belonging to other castes would be alienated against him and as such an appeal instead of advancing his cause would prove detrimental to it. This Court found this submission to be untenable because it is not impossible that the candidate inclined to campaign on the caste basis would concentrate on his votes and at the same time leave his party propaganda machine to campaign amongst the rest of the population. It would not, therefore, be correct to say that such a campaign would be improbable and therefore evidence that such canvassing was conducted should have been rejected. 12. In the instant case before us, similar contentions were urged namely Muktsar was a mixed constituency namely there were Hindu votes and Sikh votes, according to one calculation practically divided equally. It was submitted that appeal in the name of Sikh religion by the appellant ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of religion, race, caste, community culture, creed and language which could generate powerful emotion depriving people of their powers of rational action should not be permitted to be exploited lest the imperative conditions for preservation of democratic freedoms were disturbed. Section 123(2) and (3) and (3A) was enacted to eliminate from the electoral process appeals to those divisive factors which arouse irrational passions that run counter to the basic tenets of our Constitution. Due respect for the religious beliefs and practices race, creed, culture and language of other citizens is one of the basic postulates of our democratic system. The line has to be drawn by the court between what is permissible and what is prohibited after taking into account the facts and circumstances of each case interpreted in the context in which the statements or acts complained of might have been made. The Court has to examine the effect of the statements made by the candidate upon the minds and feelings of the ordinary average voters of this country. 16. This Court in that decision reiterated at P. 297 of the report (SCR): (at p. 1800 of AIR) as follows: The Secular State, rising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered as Supreme in the Panth. It further stated that the legislators elected on the Panth ticket were being instructed to run the Punjab Government unitedly under the leadership of Sardar Parkash Singh Badal the Chief Minister and maintain the prestige of the Panth. It was further stated that all the members of the Shiromani Committee will have to work unitedly under the leadership of Jathedar Gurcharan Singh Tohra, for the betterment of management of gurdwaras and to speed up the preachings of Sikhism. The said document further stated that a seven member committee was being constituted for distribution of tickets and adjustments with other parties in the coming Lok Sabha elections. The names of seven members were given which included Sant Harchand Singh Ji Longowal, S. Jagdev Singh Ji Talwandi S. Parkash Singh Ji Badal and others Sant Harchand Singh Ji Longowal was appointed as Chairman of the Committee. It further stipulated that the Sikh who defied the propriety of Akal Takht and offers 'Ardas' would be punished. He should present himself at Sri Akal Takht and get himself absolved and further directed that persons opposing, the above decision made for maintainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supported by the Akali Dal. One of the statements in the article was that Indira Congress was an anti-Sikh organisation. On 18th May, 1980, it was further stated in the said Akali Times that a Sikh cannot be supporter of that organisation and to have commitment with the Congress was a sin against Sikh Community's interest. 22. In view of the nature of the points urged in this appeal it would be appropriate to refer to some portions of the writings in Akali Times which were alleged to have been highlighted at several election meetings by respondent No. 3. One of the articles is Annexure P. 5 which appears at page 23 of Part II of the Paper Book. It is headed thus A Supporter of Indira Congress (I) cannot be a Sikh . It is stated inter alia : It becomes a religious commitment for .every Sikh to treat his vote a property of (he A kali Dal and should stick to it by all means. To he a Sikh, is to adhere to the Guru. To follow (he Sikhism is not a small thing; it is a gift bestowed by the Almighty Vaheguru. Those, who are admitted into the Sikh fold they protect this faith even at the cost of their lives . There are certain leaders in the Indira Congress, who look Sikh by appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jab. In (he coming elections, the support of Indira Congress by any sikh will be a slab in the back of sikh interests. 24. It is alleged that on 24th May, 1980, respondent No. 3, the elected candidate, addressed election meetings in villages Khokhar and Harika. Respondent No. 3 mentioned to the gathering that he was a candidate of Akal Takht On 25th May. 1980, it was further alleged that election meeting was held at Muktsar. This meeting was admittedly addressed by Shri Parkash Singh Badal and respondent No. 3. There certain statements were made with which we shall deal later. 25. 31st May. 1980 was the date of polling. The result was declared on 1st June. 1980. The petitioned appellant filed the election petition on 16th July. 1980 and on 14th Oct 1980, the petition was dismissed 26. In support of the contentions in this appeal it was alleged-by counsel that the concept of secular democracy is the basis of the Indian Constitution The paramount and basic purpose underlying 12.1(3) of (he Act is the concept of secular democracy. Section 123(1) was enacted so as to eliminate from the electoral process appeals to divisive factors such as religion caste, etc which give vent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the unique religious position it occupies and the tremendous religious authority and influence it wields amongst the sikhs. (b) Issue of Hukamnama (exhibit P. 4) by the Jathedar of the Akal Takht in the matter of Assembly elections having regard to the circumstances in which it was issued, indicates that the approval of the Akal Takht was obtained in order to give this decision a colour of religious authority. (See in this connection the evidence of Giani Pratap Singh P.W. 25 at page 70 of Part III of the Paper Book.) (c) It is further urged that appealing to the voters at election meetings held in Muktsar, Khokhar and Harika Kalan by referring to the Hukamnama, to the writings in the Akal Times and exhorting them to vote for respondent No. 3 by appealing to the religious sentiments and warning them of the consequences of not doing so constitute appeal to religion. 28. As these contentions were not accepted by the learned Trial Judge, it would be necessary to analyse the evidence and the reasons of the learned trial Judge for not accepting these in order to determine the connection urged in this appeal. 29. Whether it was a Hukamnama or not and whether in this ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd their Seriptures at P. 1 thus: The Akal Takht is a preaching center and also the seat of political' and religious conferences.... In fact today the Akal Takht is the symbol of political activity of the Sikhs. All great Sikh movements have been led from the seat of the Sikhs. 34. At page 99 in Appendix II the author described Sarbat as meaning whole. Sarbat Khalsa means collectivity of the Sikh people. It is a theo-political doctrine. In means of which the Sikhs assume the powers and the status of the centralised conscience and will of the people. Sarbat Khalsa was first used for the gathering of all Sikhs on on the days of Diwali and Baisakhi at Shri Akal Takht, Amritsar. After 1721, (he Sarbat Khalsa gathered twice in a year before Shri Akal Takht Sarbat Khalsa used to discuss the questions of Panthic interest at such gatherings' and, gurmatas out of the consensus of such meetings were passed. The author of that book records that Sarbat Khalsa has made many important-decisions which have changed the history of the Punjab. These include acceptance of jagir 17331, to build a fort at Amritsar (1747). to form Dal Khalsa (1740), to attack. Lahore I7(10) etc. The u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Takht had become a spiritual place, a military center a political office a court, a place for gatherings, a durbar and a throne issuing Hukamnamas (the royal letters). 39. It has been stated in the said book at page 32 that Sikhs used to assemble before the Takht twice a year and the congregation was called the Sarbat Khalsa the whole Kushwant and the decisions of the Sarbat Khaba were called Gurmatas. 40. It was contended before the learned judge on behalf of the appellant that' the documents Exh. P-1. Exh, P-2 and Exh. P-4 were issued be Akal Takht and were therefore Hukamnamas. It was contended that these documents showed that the candidates were to be nominated by the seven members of the Committee appointed by Akal Takht and they 'were the candidates of Akal Takht. It was urged that Akal Takht was the highest religious authority and it was bound on duty of all Sikhs to YOU- for the candidates nominated by Akal Takht According to him Sikh voters could not deny the dictate of Akal Takht On the other hand learned Counsel for respondent No. 3 urged that such Hukamnama was not Hukamnama of Akal Takht but the letters written by the Jathedar of Akal Takht 41. The le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... repute and well versed in Sikh history. He has been teaching the subject since long. The learned Judge felt that his statement should be preferred and came to the conclusion that Akal Takht was a symbol of political and religious powers. It was found, according to the learned Judge on the evidence, that Exhibit P-4 was not taken in the form of 'Gurmata. On the other hand, it was a decision taken be the leaders of A kali Party at Fatehgarh Sahib written by Jathedar Sadhu Singh on the letter head of Shri Akal Takht who announced it. 42. The learned Judge came to the conclusion that there was no decision regarding the selection of candidates. The learned Judge was of the view that if the statement of Dr. Fauja Singh was read it Cannot be held that, the same was a Hukamnama of Shri Akal Takht The learned Judge referred to the view taken by P. C Jain, J. in 'Ele. Petn. No 32 of 1980. 43. In our-opinion it is not a technical question whether exhibit P-4 was a Hukamnama or not. It is a question in the present controversy which has to be judged from a broader perspective, As noted before in these matters the Court has to examine the effect of the statements made by the candid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing candidates and to canvass for such of them as they considered worthy of the confidence of the electorate. (See in this connection the observations of this Court in the case of Ram Dial v. Sant Lal AIR1959SC519 . In Kultar Singh v. Mukhtiar Singh [1964]7SCR790 , this Court observed that in considering as to whether a particular appeal made by a candidate falls within the mischief of Section 123(3) of the Act, the courts should not be astute to read- in the words used in the appeal anything more than what can be attributed to them on their fair and reasonable construction. 47. In the light of these discussions for the purpose of this appeal, it is not necessary to accept the submissions on behalf of the appellant that mere sponsorship of the respondent No. 3 and distribution of election ticket to him for the Assembly election in the manner proved would amount to an appeal to religion as such without/considering the other fact sand circumstances and how it was put to the people or to the electorate. For this purpose it would be necessary to refer to the evidence of meetings at three places. 48. Regarding the meeting at Thandawal, counsel for the appellant did not press it be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him, was addressed by Shri Parkash Singh Badal and Shri Harcharan Singh Fatanwalia. According to this witness whose name was Kashmiri Lal, Sant Longowal was neither present nor addressed the meeting. According to him, Shri Parkash Singh Badal only dwelt upon the achievements of his government and the fact that no Inspector was allowed to harass the voters particularly the city voters. Other speakers who addressed the meeting represented Janata Party, Communist Party and Bhartiya Janata Party. According to him, in the meeting majority of the audience were Hindus, as Muktsar town comprised of almost 70% of Hindu population. In cross-examination he stated that he was a member of Muktsar Municipal Committee and he was a member of the C.P.I, and C.P.I. had entered into alliance with Akali party. The other facts stated by him are not relevant on this point. 51. Krishan Kumar son of Shri Jagan Nath who was also a Municipal Commissioner, Muktsar, was R. W. 2 and he spoke in favour of respondent No. 3. According to him, Shri Fatanwalia arid Shri Badal spoke but they spoke about the achievements of their party , and no appeal was made in the name of Akal Takht or in the name of religion. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccepted then the following facts emerge : (1) it was represented to the electorate that respondent No. 3 was a nominee of Akal Takht by no less a person than the Former Chief Minister of the State in the presence of the candidate himself; (2) the candidate himself made the said statement. It follows therefore that an appeal to vote for respondent No. 3 in the name of Akal Takht with all the consequences of Hukamnama of Akal Takht was highlighted before the electorate. 55. The next meeting which is material is the meeting at Khokhar. Here also P. W. 17 Makhan Singh gave evidence. His village falls in Muktsar constituency. He said that the supporters of respondent No. 3 had convened a meeting at Khokhar at about 12 noon about 6 or 7 days prior to the date of poll The meeting was held in the village Gurdwara. Respondent No. 3 accompanied by Shri Baldev Singh Sibia and 4/5 other persons had come to attend the meeting. Respondent No. 3 addressed the meeting first. At the outset he tendered an apology to the audience and said that he had promised to bring. Shri Parkash Singh Badal to address this meeting but he could not come as he was busy with the election work in other con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prove meeting at Harika Kaldn, statement of three witnesses Guranditta Singh, P. W. 19, Sam Singh s/o Arjan Singh, P. W. 20 and Gurdev Singh s/o Bhajan Singh, P. W. 21 were relied on. The latter two witnesses belonged to village Harika Kalan. The first one was making the statement regarding the meeting at Harika Kalan as well as meeting at village Khokhar. P.W. 20 deposed that an election meeting was held by the supporters of respondent No. 3 in village Harika Kalan about 5/6 days before the date of polling village Gurdwara. Similar statement was made by Makhan Singh, P.W. 17 regarding the meeting at Khokhar. In cross examination, he admitted that he did not meet the petitioner till the date of his evidence and no one approached him to find out as to whether he attended the meeting or not. The respondent No. 3 called one Ballads Singh, Sarpanch resident of Harika Kalan, P. W. 5 and Smt. Gurmit Kaur resident of Khokhar P. W. 6. Both the witnesses were interested in him. 61. Learned Judge did not find it possible to accept their testimony. 62. In a matter of this nature, the evidence naturally is mostly oral. Therefore specially where the charge is a grave one; namely corrupt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sub-section (3) of Section 123 of the Act. In the result his election is set aside and the seat is declared vacant. The findings of this Court about the corrupt practice of respondent No. 3 be forwarded to the President of India for appropriate action under Section 8A of the Act. 66. A point was made about the petition being not properly verified inasmuch as the source of information had not been mentioned. On behalf of the appellant, counsel drew our attention to Section 83 of the Representation of the People Act, 1951. This point was examined by a Division Bench of the Calcutta High Court in the case of Padmabati Dasi v. Rasik Lal Dhar ILR (1910) Cal 259. We are of the opinion that a proper reading of that decision would indicate that for a proper verification of an affidavit of a petition based on certain information, the source should be indicated but we do not wish to examine this question any further because no objection at the initial stage was taken and specially in view of this Court's decision in Ziyauddin Burhanuddin v. Brijmohan Ramdas AIR1975SC1788 (supra) and in Hardwari Lal v. Kanwal Singh [1972]2SCR742 . On an appropriate occasion, this question may require ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
