text stringlengths 5 5.67k |
|---|
A written objection for police enquiry was given at Kapshi and one in Rifle Range area. Ratio |
Respondent No. 1 spent lacs of rupees over his election transgressing the prescribed limit of Rs. 6,000. Ratio |
He has given a totally untrue return of election expenses. Ratio |
This is in contravention of law. Ratio |
Mohota Mills released workers and paid them for canvassing work for respondent No. 1 on polling day. Ratio |
Substitutes for these workers were engaged by the mills and they were also paid. Ratio |
This was done at the instance of respondent No. I". Ratio |
There can be no doubt that almost all the instances herein above set out are extremely vague and lack sufficient particulars. Ratio |
Learned counsel for the appel 441 lants invited our attention to the fact that the Tribunal, while considering the question of vagueness dealt only with the instances of corrupt practices specified in paragraphs I (a),I (b), I (c), I (d), 2, 4, 5, 6, 7 and 8 and not others. ARG |
He accordingly contended that, by implication, the Tribunal was not prepared to hold that items mentioned in paragraphs 1, 3, 9 and 10 were vague. ARG |
He urged that at least these four items ' must be taken not to be vague and that there is no reason why the petitioners should not have been called upon to amend the schedule by furnishing better particulars as to the rest. ARG |
He further urged that, at any rate, they were entitled to a trial in respect of those four items of corrupt practices. ARG |
We cannot agree with learned counsel for the appellants that the items set out in paragraphs 3, 9 and 10 are not vague. ARG |
There is no specification therein of the requisite details which the Act in terms requires. Ratio |
Section 83(2) requires not only what may reasonably be considered "full particulars" having regard to the nature of each allegation, but enjoins in terms that the following particulars should also be given. Ratio |
(2) The date of the commission of each such corrupt or illegal practice. Ratio |
(3) The place of commission of each such corrupt or illegal practice. Ratio |
There can be no reasonable doubt that the requirement of "full particulars" is one that has got to be complied with, with sufficient fullness and clarification so as to enable the opposite party fairly to meet them and that they must be such as not to turn the enquiry before the Tribunal into a rambling and roving inqu... |
On a careful scrutiny of the list, in Schedule A we are satisfied that none of the items except that which is set out in paragraph I of item No. I can be said to comply with the requirements of section 83(2). Ratio |
In this view of the contents of Schedule A, the contention of the learned counsel for the appellants is that even so the Tribunal should have called upon the petitioners to furnish better particulars as regards all the other items, by virtue of the ,powers conferred on it under section 83(3), and in the 442 alternative... |
On the question whether or not the Tribunal should have called upon the petitioners to amend the schedule by furnishing better particulars, the learned Attorney General for the 1st respondent has invited our attention to the objection taken in the written statement as regards the vagueness of the particulars and to the... |
In the written statement of the 1st respondent paragraph 9 is as follows: "9. FAC |
(a) It is, further, submitted that the petition ought to be dismissed as it does not contain concise statement of material facts on which the petitioners rely. FAC |
Similarly the list of particulars given in the schedule or in the petition are not in compliance with section 83(2). FAC |
(b) Without prejudice to the generality of this objection, it is further submitted that para V of petition read with para VI(e) will show that the particulars given in Schedule relate to corrupt and illegal practices alleged to have been committed by respondent No. 1 and by his agents and persons working on. FAC |
behalf of respondent No. I with his connivance. FAC |
Such particulars are bad in law. FAC |
The applicants are bound to state the names of the persons who are alleged to have actually committed the corrupt or illegal practice. FAC |
(c) Paras 1 and 2 of the petition allege that there was no free election by reason of general bribery and undue influence exercised by and on behalf of respondent No. 1. FAC |
Similarly the allegation in para 2 is that the coercion was the result of manipulation by ,or at the instance of respondent No. 1. FAC |
Thus these allegations must be supported by giving the necessary particulars regarding the names, date and place of commission of corrupt or illegal practice alleged. FAC |
The allegations in paras 1 and 2 of the petition are allegations of corrupt and illegal practice within the mean 443 ing of sections 123, 124 and 125 of the Act, and are not allegations of a general character which do not implicate the candidate personally. FAC |
(d) Further by way of example, para I of the schedule, no names, date of the alleged practices are given. FAC |
Same is the case with the allegations in paras 2, 3, 4, 5, 6, 7, 8, 9 & 10. FAC |
This has not been done and the petition, therefore, ought to be dismissed on this ground". FAC |
Now the order sheet of the proceedings before the Tribunal discloses the following. Ratio |
By order dated the 16th October, 1952, the Tribunal decided that the case was in the first instance to be taken up for decision on the preliminary issues. Ratio |
In the interests of justice the time is granted. . Ratio |
The application for amendment and for particulars to be filed five days before the date of hearing and copies thereof be given to the petitioners. Ratio |
The petitioners shall be ready with their replies on the date of hearing". Ratio |
The 444 latter has amended his application, to which there was no objection". Ratio |
In view of the specific objection taken in the written statement and the opportunities which the petitioners had for amending the petition which the above orders disclose, there is considerable force in the contention of the learned Attorney General that the petitioners, for some reasons best known to themselves, have ... |
It is true that the petitioners in the reply that they filed to the written statement of the 1st respondent and in answer to the objection that the particulars as to the alleged corrupt practices were vague, said as follows: "The petitioners are prepared to give further particulars if the Tribunal is pleased to permit ... |
This reply was filed on the 16th October, 1952, which is the very date on which the first of the above orders extracted from the order sheet was passed. Ratio |
It is also, true that the order dated the 17th January, 1953, shows that the respondent No. 1 at one stage, indicated an intention himself to ask for particulars. Ratio |
But in a matter of this kind the primary responsibility for furnishing full particulars of the alleged corrupt practices and to file a petition in full compliance with section 83(2) of the Act was on the petitioners. Ratio |
While undoubtedly the Tribunal has, in our opinion, taken all too narrow a view of their function in dealing with the various alleged defects in the petition and in treating them as sufficient for dismissal, the petitioners are not absolved from their duty to 445 comply, of their own accord, with the requirements of se... |
They cannot take shelter behind the fact that neither the Tribunal nor the respondent No. 1 has, in terms, called upon them to furnish better particulars. Ratio |
But all the rest were not only extremely vague but no amendment was applied for nor was an opportunity for amendment of pleadings in general, open on two occasions, availed of. Ratio |
Learned counsel for the appellants urges that however this may be, there was no justification for the Tribunal dismissing the petition in toto and that it was bound to have called upon the petitioners to substantiate the first allegation by evidence after striking out, if need be, the rest of the particulars, under the... |
On the other hand the learned Attorney General for the respondent No. 1 urges that in such a situation it was open to the Tribunal to consider whether, taking the petition as a whole and in its total effect, there was substantial compliance with the requirements of section 83. ARG |
He contends that if, in exercise of its judgment, it thought that there was substantial non compliance, notwithstanding that one out of the various items may have been specific, it was not bound to exercise its discretion in favour of the petitioners by ordering a striking out of the various items and to direct the tri... |
The learned Attorney General argues that this would be really making out for the petitioners a different petition from what they brought up before the Election Com mission and that in this class of cases the Tribunal had the right and the duty to exercise great strictness 446 in order that the machinery for setting asi... |
While there is considerable force in this argument, we think that in a case of this kind the Tribunal when dealing with the matter in the early stages should not have dismissed the application. Ratio |
It should have exercised its powers and called for better particulars. Ratio |
On non compliance therewith, it should have ordered a striking out of such of the charges which remained vague and called upon the petitioners to substantiate the allegations in respect of those which were reasonably specific. Ratio |
We are, therefore, of the opinion that the order of the tribunal in dismissing the petition outright was clearly erroneous. Ratio |
Notwithstanding this opinion we would, in the normal course, not have felt called upon to interfere in this case under article 136 after this lapse of time and at the instance of persons like the appellants before us who are mere voters having no direct personal interest in the result of the election. Ratio |
But there is one other circumstance in this case which we have noticed and which we feel we ought not to overlook, though in the course of the arguments the same was not brought to our notice. Ratio |
Paragraphs 6(a), (b) and (c) of the application for setting aside the election sets out certain grounds of alleged disqualification of the returned candidate to stand for the election. Ratio |
It is also stated therein that objections in this behalf were taken at the time of scrutiny of the nomination papers but that they were summarily overruled by the Returning Officer without any enquiry and that accordingly the objections to the disqualification have been raised in the application. Ratio |
The objections are as follows: "6. FAC |
The material facts in support of the grounds are as follows: (a) The election of candidate for the Madhya Pradesh State Assembly in the single member Akola Constituency was announced to be held on 31 12 1951. FAC |
Nominations were to be filed on or before 15 11 1951, 447 and scrutiny of nomination was due on 17 11 1951. FAC |
At this time of scrutiny objection was taken to the nomination paper of respondent No. 1 on several grounds but the material grounds were that respondent No. 1 was disqualified for being chosen as and for being a Member of Madhya Pradesh State Assembly under Chapter III, section 7 (d) of the Representation of the Peopl... |
That the respondent No. 1 is disqualified to fill the seat under the Act., because he is the Managing Agent or Managing Director of Rajasthan Printing and Litho Works private limited company under the Indian Companies Act. FAC |
He has, as a share holder and director, interest, in contracts for supply of goods, viz. stationery, paper and printing materials, etc., to the State Government of Madhya Pradesh. FAC |
He has also interest in contracts for the execution of works or performance of services, such as printing, etc., under taken by the State Government of Madhya Pradesh. FAC |
The respondent No. 1 gets a share by way of commission on sales effected by the Limited Company. FAC |
He has, therefore, by himself interest in the contracts of the company with the State Government of Madhya Pradesh. FAC |
(b)The respondent No. 1 is a partner in the firm Berar 'General Agency. FAC |
The said firm has entered into a contract for the performance of cloth distribution on behalf of the State Government to retailers and holds a licence for the same. FAC |
The respondent No. 1, therefore, has interest by himself in the said contract for the performance of services undertaken by the Government. FAC |
(c)The respondent No. 1 is the proprietor of the monthly Journal "Prawaha" and a by weekly paper "Matru bhumi". FAC |
These publications print Government advertisements on contract basis. FAC |
The respondent No. 1 has, therefore, interest in the said contract for the performance of services undertaken by the State Government Madhya Pradesh. FAC |
The sales and other details of the "Matru bhumi" concern are noted in the private accounts of the respondent No. 1. Ratio |
The 1st respondent in answer to these allegations states as follows: "It is denied that there was any improper acceptance of the nomination paper of respondent No. 1 and in particular it is denied that any of the allegations made in paragraph 6(a), (b) & (c) of the petition constitute in law a disqualifications of sect... |
Without prejudice to this it is submitted that the respondent No. 1 was not suffering from any of these disqualifications in fact on the date of the submission of the nomination paper". Ratio |
Having regard to the nature of the alleged disqualifi cation, which is substantially to the effect that the returned candidate had interest in contracts with the Government at the relevant dates, it was very necessary that the matters should have been cleared up in the enquiry before the Election Tribunal. Ratio |
It is not in the interest of purity of elections that such allegations of disqualification should be completely ignored without enquiry and it appears rather surprising that the Tribunal should have ignored them and exercised its power to dismiss the petition. Ratio |
However reluctant we might be to interfere in a matter like this after the lapse of three years and four months and with only an year and eight months before the general elections, we feel constrained to send this matter back for due enquiry. Ratio |
But before doing so and in view of the delay and other circumstances that have already happened, 449 we, in exercise of the powers which the Tribunal in the normal course might itself have exercised, direct the striking out of all the items of alleged corrupt practices set out in Schedule A excepting the one covered by... |
At this meeting respondent No. 1 canvassed for votes for himself and paid Rs. 201, apparently as donation to the Gurudwara, but really as gift for inducing the Sikh Community in the Akola constituency in general and the Sikhs assembled in particular to induce them to vote for himself at the ensuing election. Ratio |
Respondent No. I was guilty of bribery within the meaning of that term in section 123 of the Representation of the People Act". Ratio |
The case will, therefore, go back for enquiry and trial with reference only to (1) the allegations in paragraphs 6(a), (b) and (c) of the application for setting aside the election, and (2) the allegations in paragraph 1 of item 1, in Schedule A attached to the application as set out above. Ratio |
The Election Commissioner will now reconstitute an appropriate Tribunal for the purpose. Ratio |
The Tribunal when constituted and before proceeding to trial will call upon the petitioners to rectify the lacuna as to dates in the verification clauses in the petition and the schedule. Ratio |
It is to be hoped that the fresh proceedings before the Tribunal will be disposed of at a very early date. Ratio |
ivil Appeals Nos. 132, 133 and 137 of 1955 and Petition No. 567 of 1954. FAC |
Appeals under Article 132(1) of the Constitution of India from the Judgment and Order dated the 18th October 1954 of the Nagpur High Court in Misc. STA |
Peti 486 tions Nos. 265, 348 and 275 of 1953 respectively and Petition under Article 32 of the Constitution for the enforcement of fundamental rights. STA |
M. C. Setalvad, Attorney General of India R. M. Hajarnavis and G. C. Mathur, with him) for the appellant in C.A. No. 132 of 1955. FAC |
N. C. Chatterji, (R. M. Hajarnavis and G. C. Mathur, with him) for Intervener No. 1 in C. A. No. 132 of 1955. FAC |
R. M. Hajarnavis and G. C. Mathur, for Intervener No. 2 in C. A. No. 132 of 1955. FAC |
R. M. Hajarnavis and G. C. Mathur, for the appellant in C. A. No. 133 of 1955. FAC |
R. M. Hajarnavis and G. C. Mathur, for the appellant in C.A. No. 137 of 1955. FAC |
M. Adhikari, Deputy Advocate General of Madhya Pradesh and I. N. Shroff, for respondents in allappeals. FAC |
M. C. Setalvad, Attorney General of India and C. K. Daphtary, Solicitor General of India (A. P. Sen, J. B. Dadachanji and Rajinder Narain, with them) for the petitioner in Petition No. 567 of 1954. FAC |
T. L. Shevde, Advocate General of Madhya Pradesh (M. Adhikari, Deputy Advocate General of Madhya Pradesh and I. N. Shroff, with him) for respondents. FAC |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.