SMT. SUDHA RAINA Vs. RAJ PAL SINGH SHEKHAWAT

JUDGEMENT

(1.) Petitioner, Smt. Sudha Raina, who contested the election of Jaipur Bani Park constituency of the Rajasthan Legislative Assembly held on Nov. 11, 1993, wherein on 28/11/1993, respondent Raj Pal Singh Shekhawat was declared elected, has filed this election petition under Sections 80A. 81, 100 (1) (b) & 123 (3) of the Representation of People Act. 1951 (herein after to referred to as 'the Act') inter-alia alleging that the respondent and his agents with his consent adopted corrupt practices by making an appeal to the electorate to cast vote in his favour on the ground of religion and used religious symbols of Deity Shri Ram and the Goddess of Wealth "Kamla" for the furtherance of the prospects of o his election. The petitioner has averred that the respondent after inspecting the site near Gopalpura bye pass, which falls within Bani Park constituency, directed Hari Kishan Goyal to install it cut-out with BJP flag on an electricity pole nearby his hoarding and directed one Ashok Parnami to get his name painted on the boundary wall hear the electricity pole. There direction were complied with and a 5 cutout of "Shri Ram" was installed on the said electricity pole. The name of the respondent was also painted on the nearby wall with an appeal to vote in his favour near the said cut-out of "Shri Ram". It was further averred that the respondent got published an advertisement in the Rajasthan Patrika, Daily News Paper dated 8/11/93 with his photograph as well as symbol of the B.J.P appealing of the voters of Bani Park constituency to vote for BJP for "Shri Ram and for the work done by the B.J.P. & for achieving the goal of "Ram Rajya". Shri Ram Das Agrawal, President of the Rajasthan State B.J.P. with the consent of the respondent also got published yet another advertisement in the Rajasthan Patrika dated 7/11/93 and the name of religious Deity "Kamla" (Goddess Laxmi) was used as under:

(2.) The petitioner also alleged that the respondent thus used they names of "Shri Ram" and the Goddess of Wealth "Kamla" for the furtherance of his prospects in election and committed corrupt practice within the meaning of Sec. 123 (3) of the Act and prayed that his election he declared as void under clause (b) of Sec. 100 (1) of the Act and the name he set aside.

(3.) Respondent Raj. Pal Singh in his written statement dated /2/94 controverted the allegation levelled against him and categorically denied to have installed any cutout of "Shri Ram" with B.J.P. Flag on the electricity pole near his hoarding on the Gopalpura bye pass road or to have directed Ashok Parnami to paint his name on the boundary wall, near the cut-out or to have got published the advertisements Annexures 3 & 4 in the Rajasthan Patrika or to have made any communal appeal on the ground of religion. He however, specifically claimed that he has not been supplied with the copies of coloured photographs of the alleged cut-out of 'Shri Ram' and its enlargement and the walled painting.