LAWS(ALL)-2011-9-81

V M SINGH Vs. FEROZE VARUN GANDHI

Decided On September 14, 2011
V.M. SINGH Appellant
V/S
FEROZE VARUN GANDHI Respondents

JUDGEMENT

(1.) Heard Mr. M.N. Krishnamani, learned senior counsel assisted by Mr. Raghvendra Kumar Pandey for the petitioner and Mr. Keshari Nath Tripathi, learned Senior Counsel assisted by Mr. K.R. Singh for the Objector respondent.

(2.) The election petitioner Mr. V.M. Singh has filed the instant election petition to challenge the election of the respondent Mr. Feroze Varun Gandhi (the returned candidate) as a Member of the House of the People from 26- Pilibhit Constituency.

(3.) It is not in dispute that the respondent Mr. Feroze Varun Gandhi is the returned candidate belonging to Bhartiya Janata Party and the petitioner Mr. V.M. Singh is the nearest defeated candidate belonging to the Indian National Congress. The notification for the election was issued on 2.3.2009. The respondent filed his nomination on 22.4.2009. The date of poll was 13.5.2009. The respondent's election has been challenged with the allegations that he made speeches during the election campaign in different meetings and appealed for vote in the name of religion by creating animosity and hatred between Hindu and Muslim community. Speeches so made by the respondent can be divided into two categories. The first category of speeches dated 22.2.2009, 6.3.2009, 7.3.2009 and 8.3.2009 relate to the pre-nomination period. Post-nomination speeches made by the respondent have been referred to in para 30 of the election petition. In para 29, 30 and 38 of the election petition, it has been pleaded that hatred speeches made prior to the nomination were integral part of the general election and were telecast repeatedly by T.V. Channels from 17.3.2009 till the finalisation of the election on 16.5.2009.