SAMANT N BALKRISHNA Vs. GEORGE FERNANDEZ

JUDGEMENT

(1.) In the last General Election to Parliament from the Bombay South Parliamentary Constituency eight candidates had offered themselves. The answering respondent Mr. George Fernandez secured 1,47,841 votes as against his nearest rival Mr. S. K. Patil who secured 1,18,407 votes. The remaining candidates secured a few thousand votes between them. The result of the poll was declared on February 24, 1967 and Mr. George Fernandez was returned. An election petition was filed by Mr. Samant N. Balakrishna, an elector in the constituency. It challenged the election of Mr. Fernandez and was ostensibly in the interest of Mr. S. K. Patil. The election petition was keenly contested and Mr. S. K. Patil gave his full support to the petition. The election petition failed and it was dismissed with an order for costs against the election petitioner and Mr. S. K. Patil. Two appeals have now been filed against the judgment of the Bombay High Court, one by the election petitioner and the other by Mr. S. K. Patil. They have been heard together and this judgment will dispose of both of them.

(2.) The petition was based on numerous grounds which were set out in paragraph 2 of the petition. These grounds were shown separately in sub-paragraph A to J. Sub-paragraph A to D dealt with the invalidity of the election for noncompliance with Section 62 of the Representation of the People Act and Articles 326 and 327 of the Constitution. These concerned the secrecy of ballot (A), registering of some voters in two constituencies (B), omission of qualified voters from electoral rolls (C) an impersonation by persons for dead or absent voters (D). These four grounds were given up in the High Court itself and we need not say anything about them. Sub-paragraphs E to J contained allegations of corrupt practices. The petition was accompanied by four annexures Nos. A to D which were extracts from newspapers on which the charge of corrupt practices was based. The grounds may now be noticed in detail.

(3.) Sub-paragraph E dealt with statements made at a meeting dated February 16, 1967 at Shivaji Park by Jagadguru Shankaracharya charging Mr. S. K. Patil with complicity in arson of November 7, 1966, at New Delhi and attack on the residence of the Congress President with injuries caused to people. In these articles from the 'Maratha' and the 'Blitz' extracts of which were quoted and annexed as Annexure A, Mr. Patil was described as hypocrite, insincere and dishonest. Similar speeches by Mr. Madhu Limaye (another candidate of the S. S. P. by which party Mr. Fernandez was sponsored), were relied upon. The statements of Jagadguru Shankaracharya and Mr. Madhu Limaye were said to be "inspired by Mr. Fernandez" and "with his consent and for his benefit". It was said that they amounted to a corrupt practice under Sec. 123 (4) of the Representation of the People Act.