399. Shrimati Indira Nehru Gandhi was elected to the House of the
People from the Rae Bareli constituency in Uttar Pradesh by an
overwhelming majority of 1,11,800 votes against Shri Raj Narain. As is not
unusual the defeated candidate filed an election petition under the Act
making all kinds of allegations including some quite extravagant ones which
formed the Subject-matter of the first set of eleven issues framed on 19-81971. Thereafter three additional issues were framed on 27-4-1973 when the
question whether an amendment of the petition, sought after the period of
limitation for filing a petition to challenge the election had expired should be
permitted had been finally decided by this Court in favour of Shri Raj Narain.
400. The issues framed give an idea of the cases set up on behalf of the
two sides. They were:
ISSUES
"1. Whether respondent No. 1 obtained and procured the assistance of
Yashpal Kapur in furtherance of the prospects of her election while he was
still a Gazetted Officer in the service of Government of India. If so, from what
date?
2. Whether at the instance of respondent No. 1 members of the Armed
force of the union arranged Air Force Planes and helicopters for her, flown by
members of the Armed Forces to enable her to address election meetings on
1-2-1971 and 25-2-1971 and if so, whether this constituted a corrupt practice
under Section 123 (7) of the Representation of the People Act?
3. Whether at the instance of respondent No. 1 and her election agent
Yashpal Kapur, the District Magistrate of Rae Bareli the Superintendent of
Police of Rae Bareli and the Home Secretary of U.P. Government arranged
for rostrums, loudspeakers and barricades to be set up and for members of
the Police Force to be posted in connection with her election tour on 1-2-1971
and 25-2-1971; and, if so whether this amounts to a corrupt practice under
Section 123 (7) of the Representation of the People Act?
4. whether quilts, blankets, dhoties and liquor were distributed by agents
and workers of respondent No. 1 with the consent of her election agent
Yashpal Kapur, at the places and on the dates mentioned in Schedule A of
the petition in order to induce electors to vote for her?
5. Whether the particulars given in paragraph 10 and Schedule A of the
petition are too vague and general to afford a basis for allegations of bribery
under Section 123 (1) of the Representation of the People Act?
6. Whether by using the symbol cow and calf. which had been allotted to
her party by the Election Commission in her election campaign the
respondent No. 1 was guilty of making an appeal to a religious symbol and
committed a corrupt practice as defined in Section 123 (3) of the
Representation of the People Act?
7. whether on the dates fixed for the poll voters were conveyed to the
polling stations free of charge on vehicles hired and procured for the purpose
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