NARAIN SINGH Vs. SUNDARLAL PATWA

JUDGEMENT

(1.) THIS is an election petition under section 81 of the Representation of People Act, 1951 filed against the respondent -returned candidate Shri Sunderlal Patwa from Bhojpur Constituency No. 245 of the Madhya Pradesh. The petitioner is a voter of this Constituency and his name has been recorded in Part No. 34 at Serial No. 676 of the Electoral Roll of Ward No.7 of Obedullahganj. (He was not contesting candidate).

(2.) THE elections of the State Legislative Assembly were announced in 1993. The election programme was notified by the Collector, Raisen on 23.10.1993. The nomination was to be filed before 30.10.93 and scrutiny was to take place in the office of the Returning Officer on 1.11.1993 at 11 a.m. The date of withdrawal of nomination was 3.11.1993 and the poll was scheduled on 24.11.1993 and the count ling was fixed on 30.11.1993. The election took place on the scheduled date and the result was announced on 1.12.1993. In that, the Bhartiya Janta Party candidate -Shri Sunderlal Patwa, respondent, was declared elected with the margin of 62,216 votes defeating his nearest rival Ajay Singh of Indian Nation Congress, who secured 33048 votes. In that election, Ramesh Chandra s/o Shri Ratanlal also filed four nomination papers which were received by the Returning Officer and they were registered at Serial Nos. 8, 9, 10 and 11 on 27.10.1993. All these four nomination papers were rejected by the Returning Officers on the ground that the name of the candidate Ramesh Chandra was not recorded at Serial No. 95 in Part No. 37. The name of Ramesh Chandra s/o Ratanlal was in fact recorded at Serial No. 485 instead of serial No. 95. Therefore, the Returning Officer who examined these four nomination papers, did not find them in order and rejected all these nomination papers of Ramesh Chandra. It is alleged that this was due to inadvertence of his Advocate -Shaligram Shrivastava who filled his nomination papers and wrongly described his serial number. It is alleged that Shal igram Shrivastva was duly instructed and authorised by Ramesh Chandra. Therefore, the rejection of nominations of Rameshchandra was improper and the election of respondent is liable to be declared void under section 100 (1)(c) of the Representation of People Act, 1951 (hereinafter referred to as the' Act of 1951').

(3.) THE petitioner has also challenged the election on the ground of corrupt practice that the respondent -returned candidate has made a systematic appeal on the ground of religion and this amount to corrupt practice under section 123 (3) of the Act. It is alleged that the respondent appealed to the voters to vote for construction of Ram Temple at the birth place of God Ram and to vote for Ram on lotus symbol. It is also alleged that the respondent -returned candidate toured villages like Semrikalan, Majuskala, udadmau, Intkhedi and Sultanpur. In all these villages, a systema tic appeal was made in the name of religion and he emphasised in his speeches relating to demolition of Babri Masjid at Ayodhya and construction of temple of God Ram there. It is alleged that he delivered speech at about 12 noon in village Semrikalan and at about 2 p.m. at Majuskala there also, he talked about demolition of Babri Masjid and construction of God Ram's temple. The respondent -Sunderlal Patwa also delivered speeches in village Udadmau at about 3 p.m. and in village -Intkhedi about 4 p.m. about demolition of Babri Masjid and construction of temple of God Ram. It is alleged that all these meetings were covered by the news paper. On 20.11.1993 at about 12 noon, the Returned candidate Shri Sunderlal Patwa was weighed in one rupee coins at Prem Talab and on that occasion, he said that the entire coins will be sent to Ayodhya for construction of temple of God Ram. It is also alleged that if they vote to Bhartiya Janta Party (in short 'B.J.P.'), it would add like a one brick in the construction of Ram Temple at Ayodhya. On 21.11.1993, a meeting was held in the P.W.D. Rest House in Sultanpur town and there also, it was addressed by the President of the B.J.P. Shri Lal Krishna Advani and in that meeting also, it was said that if B.J.P. is defeated it would be a defeat of God Ram and ultimately of all Hindus. Therefore, the election of the returned -candidate Shri Sunderlal Patwa is liable to be declared illegal under section 100 (1) (b) as also under section 123 (3) of the Act of 1951.