RAGHAVAN Vs. UNNIKRISHNAN

JUDGEMENT

(1.) THE petitioner is one of the defeated candidates at the recent election to parliament from Badagara constituency. He contested the election, as an independent candidate. There were three other candidates and they are respondents 1 to 3. Respondents 1 and 2 were sponsored by the Indian National congress led by Mr. Jagiivan Ram (shortly stated Congress (J) 1 and the 3rd respondent by the Indian Socialist Party. The election was held on 6-3-1971. The votes polled by the candidates were as follows:- <FRM>JUDGEMENT_25_TLKER0_1971Html1.htm</FRM> The results were announced on 12-3-1971, the 1st respondent Sri. K. P. Unnikrishnan having secured a majority, was on that day declared elected.

(2.) THE election is Challenged by the petitioner mainly on the ground that the 2nd respondent was weeded out from the scene of contest by the Congress High command by offering her an assignment as India's representative in the United nations Human Rights Commission (shortly stated UNHR Commission ). This, according to the petitioner, was done by Sri. Jagiivan Ram, the President of the indian National Congress with the connivance of the Prime Minister Smt. Indira gandhi. The petitioner would maintain that this is a corrupt practice falling under section 123 (1) (A) and (B) of the Representation of the People Act, 1951 (shortly stated the Act) and he seeks to set aside the election on this ground. In support of the petitioner's contention he has averred the following facts in his petition:--On 23-1-1971 the Kerala Pradesh Congress Committee representing congress (J) presented a list of names of candidates to the High command for its consideration. On or about 28-1-1971 the President of the K. P. C. C. announced the names of his party's candidates as approved by the Central Parliamentary Board. The 2nd respondent was announced as the party's candidate from badagara Constituency. Accordingly she filed her nomination from that constituency on 1-2-1971, On 3-2-1971 respondents 1 and 3 and the petitioner also filed their nomination papers. The 1st respondent filed his nomination as a candidate sponsored by Congress (J ). Then an announcement was made by Sri. Uma Shanker Dixit, General Secretary of the party that one of the two candidates sponsored by Congress (J)would withdraw and that Sri. Jagjivan Ram would hold discussions, for that purpose, with the President of the K. P. C. C. On or about 6-2-1971 the 2nd respondent made a Press Statement announcing that she had withdrawn her candidature. She had also stated that on technical grounds her withdrawal was not accepted by the Election Commission. The 2nd respondent who had stuck on to ther candidature was finally prevailed upon by Sri Jagjivan Ram and Smt. Indira Gandhi to withdraw in favour of the 1st respondent and in consideration of that she was offered the unique honour of being India's representative in the UNHR commission for a period of one year. This offer, the petitioner understands, was made between the 3rd and 6th of February. 1971. On 16-2-1971 the official announcement came from the Central Government stating that the 2nd respondent was made india's representative in the UNHR Commission. The 1st respondent, as the Delhi Reporter of the "mathrubhumi", wielded enormous influence in congress circles at Delhi and was able to bring pressure on the Congress president and Smt. Indira Gandhi to pave the way for his success at the election by whisking away the 2nd respondent from the scene by offering her the assignment in the UNHR Commission. Reports came in the "mathrubhumi" of the 2nd respondent's reluctance to withdraw from the field; but ultimately she withdrew and supported the candidature of the 1st respondent. On 16-2-1971 the announcement came from the government of India that the 2nd respondent was chosen to lead the indian Delegation to the UNHR Commission. The assignment was to last for one year and she left for Geneva on 21-2-1971. In the meantime the election took place, According to the petitioner, the withdrawal of the 2nd respondent was procured by the corrupt practice of choosing her as the leader of the Delegation to the UNHR Commission. The circumstances leading to her withdrawal, according to the petitioner, would show that she was induced to withdraw by promise of the said assignment. The Congress Party under whose ticket R-l and R2 filed their nominations was the party in power at the centre and the President of the party is a Minister also. It was, therefore, possible for their party to make their offer to R2 through the Central Government As seen from the news item that appeared in the "mathrubhumi" dated 23-1-1971, all the 7 candidates put up by the party in Kerala to Lok Sabha, were the unanimous choice of the K. P. C. C. In the Mathrubhumi dated 30th january. 1971, it was reported that the Kerala list had been fully approved by the Central Parliamentary Board. But on 1-2-1971 the news item appeared in the Mathrubhumi that instead of R2. R1 the Delhi reporter of the Mathrubhumi was chosen as the Congress Candidate. From R2's statement which appeared in the Mathrubhumi dated 2-21971, it was clear that she stuck on to her decision to contest, as she had a good chance of success in view of her past sacrifices and associations with the organisation and the Society. The report also pointed out the reactions amongst the office-bearers of the party against the change. In the Mathrubhumi dated 3-2-1971, the k. P. C. C. President is reported to have expressed his helplessness in finding a solution to the problem. The change was vehemently criticised by R2 and that statement was also published by the Mathrubhumi. She even stated that she was shocked to hear the decision, especially when she had started her election campaign, by putting up banners and starting wall-markings and writings. It is at this juncture that R2 was removed from the scene bv choosing her as the Indian representative in the UNHR Commission. It is also significant, according to the petitioner, that she had chosen an independent symbol also along with the congress symbol. It was reported that if she contested as an independent candidate the Jana Sangh would support her. Smt. Indira gandhi had issued a special appeal to the voters of the Badagara constituency to elect Rl and this statement appeared in the mathrubhumi dated 4-3-1971. Smt. Indira Gandhi and Jagjivan Ram have committed corrupt practice falling under Section 123 (1) of the Act by exploiting their position as members in the Cabinet and proposing R2 to represent India in the unhr Commission. This was done to further the chances of success of r-1. R1 also is equally guilty of the corrupt practice along with R2, Smt. Indira Gandhi, Sri. Jagjivan Ram and members of the K. P. C. C. in having offered to the 2nd respondent gratification in the shape of an assignment in the World Body as Indian Representative with the object of inducing her to withdraw from con-tost. R2 is guilty of corrupt practice in the sense that she accepted the offer. The offer was made to R2 by smt. Indira Gandhi and Sri. Jagjivan Ram at the instance and with the consent and knowledge of the 1st respondent who had great influence over Smt. Indira Gandhi and Sri. Jagjivan Ram.

(3.) ON these facts the petitioner would pray that the election of the 1st respondent be declared void and set aside as it is vitiated by corrupt practice under Section 123 (It (A) and (B) of the Act.