the question of facts. The point of controversy between the parties mainly is
that, according to the respondent those facts constituted corrupt practice as
defined in Section 123 of the R.P. Act. while according to the appellant those
facts did not constitute corrupt practice. In any case, according to the
appellant, in view of the amendment made in the RP Act by amending Acts
58 of 1974 and 40 of 1975 these facts did not constitute corrupt practice. The
declaration made in part (iii) of clause (4) that the election of the appellant
was to be valid in all respects was tantamount in the very nature of things to
the repelling of the grounds advanced by the respondent to challenge the
election of the appellant. Question therefore arises as to what, if any, was the
law which was applied in repelling the grounds advanced by the respondent
to challenge the election of the appellant. So far as the existing law relating
to election disputes was concerned, part (i) of clause (4) expressly stated that
such a law would not apply to the petition filed by the respondent to
challenge the election of the appellant. This means that the provisions of the
Representation of the People Act were not to apply to the petition filed by the
respondent against the appellant. This also means that the amending Acts 58
of 1974 and 40 of 1975 were not to apply to the dispute relating to election of
the appellant.
196. The dispute relating to the election of the appellant is also not to be
governed by law which is to be enacted under clause (1) of Article 329A. Such
a law would apply only to future elections. The result is that so far as the
dispute relating to the election of the appellant is concerned, a legal vacuum
came into existence. It was open to the constituent authority to fill that
vacuum by prescribing a law which was to govern the dispute arising out of
the petition filed by the respondent to challenge the election of the appellant.
The constituent authority, however, did not do so and straightway proceeded
to declare the election of the appellant to be valid. There is nothing in clause
(4) to indicate that the constituent authority applied any law in declaring the
election of the appellant to be valid and if so, what was that law.
197. I am unable to accede to the argument that the constituent authority
kept in view the provisions of the RP Act as amended by Acts 58 of 1974 and
40 of 1975 and their impact on the challenge to the election of the appellant
in declaring the election of the appellant to be valid. The difficulty in
accepting this argument is that in part (i) of clause (4) the constituent
authority expressly stated that the previous law, namely, the RP Act as
amended in so far as it related to election petitions and matters connected
therewith was not to apply so far as the challenge to the election of the
apellant was concerned. It is also difficult to agree that the constitutent
authority took into account some other unspecified law or norm in declaring
the election of the appellant to be valid. As mentioned earlier, there is
nothing in clause (4) to indicate that the constituent authority took into
account some other law or norm and if so, what that law or norm was. The
position which thus emerges is that according to clause (4) no law was to
apply for adjudicating upon the challenge to the election of the appellant and
the same was in terms of part (iii) to be valid in all respects. The question
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