G PUTTA SWAMY GOWDA Vs. H D DEVEGOWDA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') seeking a declaration that the election of respondent 1 from Holenarasipur Assembly Constituency No 133 is void, and seeking to set aside the election of respondent 1 to the Karnataka Legislative Assembly from Holenarasipur Assembly Constituency, and further seeking a declaration that he is duly elected from Holcnarasipur Assembly Constituency No 133, and seeking a recount of the ballot papers and for excluding the votes counted in relation to polling station Nos 3, 4, 7, 10, 11, 23, 34, 45, 52, 84, 94, 96, 97, 109, 117 and 125 and for scrutiny of the ballot papers in polling station Nos 23, 47, 29, 32, 33, 39, 45, 48, 49, 50, 52, 62, 5, 9, 35, and for excluding the votes in favour of respondent-1 in the said polling stations, and for excluding the votes cast by minors in favour of respondent-1, and for counting the entire ballot papers including the rejected ballot papers and for naming the persons found guilty of a corrupt practice after the trial

(2.) The petitioner's case is as under - The petitioner contested the electrick to Karnataka Legislative Assembly from Holenarasipur Assembly Constituency NO 133 as an Independent Candidate Respondent 1 contested the said election as a Janata Party candidate Respondent-2 contested the said election as a Congress Party candidate Respondents-3 to 6 contested the said election as Independent candidates The calendar of events as notified was as below - (a) Last date for making nomination 8-2-1985 (b) Scrutiny 9-2-1985 (c) Withdrawal . 11-2-1985 (d) Election . 5-3-1985 (e) Counting . 6-3-1985 The voting took place on 5-3-1985. The counting took place on 6-3-1985, The total number of voters was 1,00,763. The total number of votes polled was 83,581. The number of votes rejected was 1,092. The petitioner secured 38,063 votes and respondent-1 secured 41, 230 votes. The difference between the votes secured by the petitioner and the votes secured by respondent-1 is 3,167. The respondent-1 has committed corrupt practices and acts of bribary within the meaning of Section 123(1)(A) of the Act. Respondent-! offered many promises and help and assistance to the voters either by himself or through his agents with the sole object of inducing the voters to vole foi him in the election. Respondent-1 was sponsored by Janata Party as a candidate lor the said election and thus the Janata Party was the agent of respondent-1. The Janata Party Official Organising Secretary Sri B.L. Shankar got printed and published with the knowledge and connivance of respondent-1 various advertisements in local leading papers like Deccan Herald, Kannada Prab- ha, Dina Tanti, on the eve of the election stating that the Janata party promised to supply rice at Rs, 21- per K.G. and would supply 10 K.g.s of rice every month to all the families belonging to weaker sections and would supply 2 pairs of sarees and blouses for Rs. 20/- every year to every woman belonging to weaker sections and would supply two pairs of dhoties and kurtas for Rs. 20/- to every man belonging to weaker section every year and would arrange for loans to women entrepreneurs without security and at subsidised rates of interest. In the said advertisements it was maintained by the Janata Party that it would keep up the said promises and thus it sought the mandate of the voters. The said publication was made in English Dailies on 1-3-1985. The said newspapers were distributed in the State of Karnataka including Holenarasipur Constituency free of cost. The said advertisements were published in almost all the villages in Holenarasipur Constituency on the eve of the election. At that time the market rate of rice varied from Rs. 5/- to Rs. 12/- per K,G. The market value of the sarees arid blouses and dhoties and kurthas at thai time was nearly 5 times the rate at which the Janata party undertook to supply them to the people belonging to the weaker sections. The otter of loan to women entrepreneurs without security and at subsidised rale of interest was done with the sole object of inducing the women to vote for respondent-1. The said promises were made only with a view to woo the voters and thus to induce them to vole in favour of respondent.1.

(3.) Janata party published in the local newspapers in Karnataka on 3-3-1985 that the Karnataka should be governed from Karnataka and not from Delhi. Such a propaganda affected the integrity and unity of the Nation and thus violated the Democratic principles and the fundamental concepts of the Constitution. Such an advertisement aroused parochial feelings among the voters and was meant to create disaffection against the Central Government. This is aiso an act of corrupt practice and an act of bribary within the meaning of Section 123 (1) (A) of the Art. The said advertisements published by the Janata pan- in the said dailies are not declarations of public policy or promise. But they are advertisements seeking mandate from the voters promising them the benefits on the eve of the election. They were inserted with the intention to interfere with the rights of the voters. The said promises made in the various papers on the eve of election did not find a place in the election manifesto of the Janata parly. Respondent-1 took on the election day i.e. 5-3-1985 and the day of counting i.e. 6-3-1985 the assistance of the various public servants and of the polling staff, counting staff and the polling officials, in order to better his prospects in the election. The Government servants acted as though they were the agents of respondent-1. The Government servants assisted respondent-1 and his agents and his people in rigging the ballot papers in various polling stations and in the casting of the votes by impersonation in favour of respondent-1. In the course of counting, they also resorted to manipulation in their attempt to better the prospects of respondent-1 in the election. The real voters were not at all allowed to exercise their voles. Casting of the votes by impersonation in favour of respondent 1 has taken place on a very large scale. Respondent-1 had got posted various Government servants working in Departments like Education, Revenue, K.I.D., P.W.D., and police in key positions in Holenarasipur Constituency and induced them by his position in the Government and as the Party President for marring the prospects of the petitioner in she election. Respondent-1 by using his influence as a Minister prior to his becoming the President of the Janata Party and by using his influence over the Government servants as the President of the Janata Party which was in power at the time of election, got posted several officers and officials of the Education Department, Revenue Department, K.I.D., P.W.D. and Police Departments and other various Departments in Holenarasipur Constituency. He got posted in Holenarasipur constituency only those government servants who were under his obligation and who were prepared to help him in the election. The said government servants were in one way or the other obliged to him. Respondent-1got posted also his relations, friends and officials hailing, from Holenarasipur Taluka itself in the key villages with the object of rigging the poll in the Constituency. He had so prevailed on the Deputy Commissioner, Hassan, and Superintendent of Police, Hassan, in not lending any protection to the petitioner and his followers even in the event of any complaint being lodged against respondent 4 and his people by the petitioner and his people. Eventhough respondent-1 was the President of the Janata Party at the time of election, he conducted himself as though he was the supreme authority and as though he was still the Minister for P.W.D. He wielded abundant influence on the Superintending Engineers, Executive Engineers, Assistant Engineers and Junior Engineers working in Hemavati Project. They were scared to disobey respondent-1 and his son Revanna, and any of the contractors who proclaimed themselves as the followers of respondent-1. Respondent-1 was a Minister for P.W.D. before he became the President of the Janata Party. He knew fully well that subordinates especially in P.W.D. Department would not be upright at all in discharging their duties impartially. Thus he knew fully well the weakness of the officials working in the P.W.D. Department. They were afraid of doing anything against him thinking that he might take action against them for the irregularities that might have been committed by them in the course of discharge of their duties. He got them appointed to such important polling stations where he had the support of the P.W.D. Contractors. He got posted officials of different communities to particular villages where a large number of voters belonged to the community of that Government servant. In some cases the Government servants were got posted to their native places so as to induce the voters to vote for respondent-1. The higher officials in the various Departments were made to influence their subordinates, in order to further the election prospects of respondent-1. The will of the subordinate officials was dominated by the higher officials in the various Departments who were under the obligation of respondent-1. The arrangement of the official machinery for misuse was so well arranged that even in the event of any complaint being made, no action would be taken at all. This was done at the instance of respondent-1. Thippeswamy was the Headquarters Assistant to the Deputy Commissioner, Hassan. P.N. Sreenivasachari was his close friend. When Thippeswamy became the Private Secretary of respondent-1 who was the Minister for P.W.D. he got the said P.N. Sreenivasachary respondent-7 (Returning Officer) posted as Assistant Commissioner to Hassan Sub Division. The said Sreenivasachary was appointed as the Returning Officer for Holenarasipur Constituency at the instance of respondent-1 so that he could help him in the election and also in counting. One Bettegowda was the Head Clerk in Taluk Development Board, Holenarasipur. He is a distant relation of respondent-1. He was transferred as Tahsildar, Channarayapatna, in 1984. Dindiganahalli Hobli of Channarayapatna taluk was tagged on to Holenarasipur Constituency for the purpose of election. Therefore the posting of Bettegowda as Tahsildar of Channarayapatna was meant to better the election prospects of respondent-1. Even as Assistant Registration Officer under the Registration of the Electoral Rules, he managed to register the names of the persons suggested by Janata party workers as voters. Even the minors who were ineligible to become voters, were included in the voters lists. The formalities and the requirements laid down by the Registration of the Electoral Rules while preparing the voters list or additional voters list, were* not followed at all. Large number of persons included in the additional voters lists were also students who were not residing in the villages and who belonged to the families of the workers of the Janata party. Respondent-1 got transferred one Abdul Jabbar as Tahsildar, Holenarasipur, from K.R.Nagar. The said Abdul Jabbar was highly obliged to respondent-1. Respondent- 1 got posted the said Abdul Jabbar as Tahsildar, Holenarasipur, with the sole object of inducing Muslim voters to cast their votes in favour of respondent-1. Abdul Jabbar as Tahsildar was responsible for registering and including in the additional voters's lists, large number of voters who were minors and thus ineligible. He did so in utter violation of the Registration of Electoral Rules. He refused to register as voters persons belonging to minor communities, backward communities or harijan communities. One Neelakantaiah, Ex-T.D.B. Member and a local leader of Ambedkarnagara locality of Holenarasipur town had got 150 applications filled by persons who were entitled to become voters. But the authorities at the instance of respon- dent-1 refused to register the said 150 persons as voters though the said applications were received by the authorities. Abdul Jab- bar was incharge of the election of the Holenarasipur Assembly Constituency. Respondent-1 by using his influence as Ex P.W.D. Minister and by using his influence as the President of the Janata Party which was in power at the time of election, got transferred the following officials to different Hoblies in Helenarasipur Constituency, with the sole object of securing their services and help in the betterment of his election prospects. The names of such officials and the places to which they were transferred are as under:- (a) Sri Sathyanarayana Setty, Revenue Inspector, Halli Mysore Division. (b) Sri Rangegowda, Revenue Inspector, Dindiganahalli Hobli, (c) Sri Papegowda, Revenue Inspector, Halekote Hobli. (d) Sri Ganesh, Revenue Inspector, Kasaba Hobli. (e) Sri Eregowda, Village Accountant of Maragowdana Circle. (f) Sri Devarajegowda, Village Accountant of Beechanahalli Circle. (g) Sri Sanna Jawaregowda, Village Accountant of Savanur Circle. (h) Sri Singegowda, Village Accountant of Narayanapura Circle. (i) Sri Sambhugowda, Village Accountant of Halli Mysore Circle. (j) Sri Channegowda, Village Accountant of Chowlagala Circle. Most of the said Village Accountants are the relatives of respondent-1 and they hail from the very village to which they have been got transferred and posted. Devarajegowda, brother of the said Eregowda, is a staunch supporter of respondent-1. Lingegowda, and Channegowda are the relatives of respondent-1. The said Village Accountant Sambugowda who received the applications from the various persons for registration as voters, did not include their names. In collusion with the Revenue Inspectors, Village Accountants and Tahsildars, nearly 7,900 voters were added as voters though they were ineligible as voters. P.S.I. Shariff was got transferred from Belur to Holenarasipur by respondent-1, even after the declaration relating to the Assembly election was published. It is in contravention of the norms, rules and regulations and the Government Order that no official should be transferred till the elections were over. The said Shariff is the co-brother of Abdul Jabbar, Tahsildar of Holenarasipur. This was got done by respondent-1 so that he could wield influence on Muslim voters to exercise their votes in his favour. Respondent-1 also araised feelings of the voters on the grounds of caste, creed, community and religion. H.R. Krishnamurthy, Junior Engineer working in Karnataka Irrigation Department, Halli Mysere, hails from Ambedkar Nagar locality in Holenarasipur town. He was the polling agent of the candidate in polling station No.75. He has signed as an agent. Telegrams protesting against his appointment as polling agent were sent to the Election Commission. One Javaraiah who was working as an Assistant Executive Engineer in National High Way, Chitradurga, and who is a native of Holenarasipur town, was got transferred to Doddakuncha Sub Division in Holenarasipur taluk by respondent-1. His own brother-in-law Chandrasekhar respon- dent-3 was set up by Javaraiah as an Independent candidate with a view to split the Harijan votes. This was done to incite the caste and community feelings amongst the voters. One M.V. Visveswaraiah, Assistant Education Officer, Holenarasipur Taluk, is a person hailing from Holenarasipur. His brother M.V. Basavaraj is a staunch supporter and election supervisor of respondent-1 at the time of election. The said Visveswaraiah was working as an Inspector of Schools at Holenarasipur since 1978. He was promoted as an Head Master in November, 1984 and posted to the Government High School, Yelechaganahalli, Holenarasipur taluk. Within 2 months thereafter, one Nagaraj, Assistant Education Officer, Holenarasipur, was transferred in the middle of the year from Holenarasipur. The said Nagaraj was compelled to give his consent to his transfer from Holenarasipur. In his place the said Visveswaraiah was got posted by respondent-1. This was done with the object of inducing Lingayat voters to vote in favour of respondent-1. This was done with a view to influence the polling officials that might be selected from the Education Department. It was done with the sole intention of bettering his prospects in the election and in order to prejudicially affect the election prospects of the petitioner. The said Visveswaraiah was transferred to Holenarasipur in violation of the Government Order prohibiting the transfers of any officials on the eve of the election. H.N. Malligowda - a native of Holenarasipur - was working as a High School Teacher and he was promoted and posted as Head Master, Nyamanahalli, in the same taluk. He was posted to Nyamanahalli in order to better the election prospects of respondent-1. He was transferred at the instance of respondent-1. (1) K.L. Ramaswamy, (2) K.M. Kalegow- da (relation of respondent- 1), (3) B.C. Krishnappa, (4) C.K. Ramaswamy, (5) K.A. Kalappa Gowda, (6) C.J. Nanjegowda, (7) S.P. Manje Gowda who were highly obliged to respondent-1, were got appointed as poll- ing officials to the respective polling stations at the instance of respondent-1. The rigging took place in polling station Nos. 3, 4, 7, 10, 11, 23, 33, 34, 45, 52, 84, 94, 96, 97, 109, 117, and 125. In not less than 25 polling stations, the polling officials supported maximum rigging and casting of votes by impersonation. More than 90 per cent votes are said to be polled in those polling stations. A chart showing where more than 90 per cent voters are said to have been cast, has been produced along with the election petition. It is in these circumstances that a large number of voters were registered as additional voters by the officials with the consent and knowledge of respondent-1. Even in the course of counting, various counting officials were got so posted by respondent -1 and placed in each table so as to help respondent -1 in all possible ways and to manipulate and increase the number of votes in favour of respondent -1. The following officials were purposely got posted as counting officials. They were all obliged to respondent -1. They are (1) Table No. 3 - Sri Devarajegowda, Village Accountant - Counting Assistant, and Sri P.N. Dasegowda, Lecturer, Junior College; (2) Table No. 5 - Rajegowda; (3) Table No. 6 - Sri Devarajegowda : (4) Table No. 7 - Sri Ramaswamy; (5) Table No.8 - Javaregowda; (6) Table No. 4 - Hanumanthegowda, (7) Table No. 11 - Sri C.R. Ramegowda; (8) Table No. 15 - Sri Chandrasekharaiah, Assistant Engineer and Govindaraju, (9) Table No. 16 P. Thimmegowda, (10) Table No. 17 H.S. Puttaswamy gowda, (11) Table No. 18, Kapanigowda, Kodigowda, Giddegowda, (12) Table No. 19 - Rajegowda and Kallegowda and (13) Table No. 20 - Papegowda. In all the said tables, mistakes were committed in scrutinizing the ballot papers and in sorting the ballot papers and in counting the ballot papers and in bundling the ballot papers and also while rejecting some ballot papers. The votes cast in favour of the petitioner were counted in favour of respondent-1. Large number of votes cast in favour of the petitioner have been included in the bundles of votes of respondent -1. In the case of bundles of votes relating to the petitioner, 5 to 10 more ballot papers were included in the bundle though the bundle is supposed to contain only 50 ballot papers. In the case of the respondent -1, bundles containing less than 50 ballot papers were prepared as against the requirement of 50 ballot papers in each bundle. The counting officials did not show each ballot paper to the counting agents of the petitioner and did every thing in great haste in order to help respondent -1 and thus in their attempt to affect materially and adversely the election prospects of the petitioner. One Krishnappa who was the Executive Engineer, Halli Mysore and an Executive Engineer, Hemavathi Circle, went out of the way to induce the wage earners and staff members to canvass and vote for respondent -1. The said Krishnappa and the other Executive Engineer influenced many a voter through the P.W.D. Contractors and thus made then to vote in favour of respondent -1. The said Executive Engineers even provided vehicles to respondent -1 and his people at the time of election. The said two Executive Engineers have enlisted nearly 450 persons as P.W.D. Contractors in their Divisions. The said Contractors belonged mostly to Gowda community. They are either supporters or relations of respondent-!. Some of them actively canvassed for respondent-1 with his knowledge and consent. The official machinery wa misused. The names of some of the contractors who were enrolled as contractors on the eve of the election by the said two Executive Engineers are as under :- (1) Shivaraju, S/o Rachegowda. Contractor, Haripura (relative of respondent -1) (2) Subram, S/o Nanjegowda, - (relation of respondent -1). (3) Ramegowda, S/o Javarappa (Brother of respondent -1). (4) Ningegowda alias Annaih S/o Patel Rachegowda, Contractor, Harihara- pura (relation of respondent -1). (5) Lingegowda, S/o Gandhi (Relation of respondent -1). (6) H.P. Nanjegowda, S/o Haradanahalli (brother of respondent -1). (7) Nanjegowda, S/o Bolikale Gowda (brother-in-law of respondent -1) (8) Gangadhara, S/o Kalegowda (relation of respondent-1). (9) Sannegowda (relation of respondent -1). (10) Krishnegowda, S/o Kalegowda, Kodihalli. (11) K.P. Nagaraj, Contractor (relation of respondent-1). (12) Huchegowda, S/o Huchegowda (relation of respondent -1). (13) Gangadharagowda, S/o Putta- wamygowda (relation of respondent -1). (14) Vishwanatha (relation of respondent -1) of Kumbenahalli. (15) Ramakrishnagowda, Contractor, Anakere. (16) Shivanna, Malenahatti. (17) Krishnamurthy - Inckere, (18) Ramakrishnegowda, S/o Siddegowda, (19) Puttegowda, S/o Puttegowda. Respondent -1 who was the President of the Janata Party at the time of the election, conducted himself as though he was a Minister for P.W.D. and he used to give orders and directions to grant the contract work on piece work system to persons who promised to help him in the election. Respondent - 1 and his son Revanna exercised influence over the Executive Engineers and Assistant Engineers and other P.W.D. officials and secured contracts on piece work system only to those persons who promised to help respondent - 1 in the election. Respondent-1 and his son Revanna prevented the officials from giving any work to contractors who were the supporters of the petitioner. It was done so as a measure to threaten them and with the object of materially affecting the election prospects of the petitioner. One Nanjundegowda was got transferred by respondent -1 as Deputy Superintendent of Police, Arsikere Sub Division which includes Holenarasipur Taluk. The said Nanjundegowda has got a large number of relations in Holenarasipur Constituency. The said Nanjundegowda induced a large number of voters to exercise their votes in favour of respondent - 1. The said Nanjundegowda even threatened the voters to vote for respondent - 1. He worked and canvassed for respondent with the knowledge and consent of respondent -1. P.S.I. Jagadeesh, Channarayapatna, was recently got transferred to Channarayapatna by respondent - 1 so that he should help respondent -1 in the election.