the election held in February 1971 for the membership of the Lok Sabha or
the House of the People against Shrimati Indira Nehru Gandhi the Prime
Minister of India hereinafter referred to as 'the Original Respondent'). The
election petitioner is the respondent in Appeal No. 887 of 1975 filed by the
original respondent. He is the appellant in Appeal No. 909 of 1975 where the
original respondent is the contesting respondent.
390. Before the election case instituted on 24-4-1971 could be decided by
the trial Court an explanation was added to Section 77 (1) of the Act. It had
some bearing on questions relating to the expenses incurred on the original
respondent's election sought to be raised by the election petitioner but on
findings of fact recorded by the trial Court It became immaterial for the
merits of the case and would continue to be that so long as the election
petitioner is unable to dislodge the trial Court's findings on election expenses.
Other amendments were made by the Election Laws (Amendment) Act No. 40
of 1975 (hereinafter referred to as the 'Act of 1975') notified on 6-81975 after
the decision of the case by the learned Judge of the Allahabad High Court on
12-6-1975 and after the filing of the appeals before us. These amendments
deal directly with several questions decided by the Allahabad High Court
which were pending consideration before this Court Finally came the
Constitution (Thirty-ninth) Amendment Act of 1975 (hereinafter referred to
as the '39th Amendment') gazetted on 10-8-1975 just before the
commencement of the hearing of the appeals by this Court.
391. It was submitted by the learned counsel for the original respondent
in his opening address that Section 4 of the 39th Amendment adding clause
(4) to Article 329-A of the Constitution meant that Parliament itself acting in
its constituent capacity had taken the case in hand and had after applying its
own standards decided it in favour of the original respondent so that the
jurisdiction of this Court to go into the merits of the case was ousted by
clause (4) read with clause (5) and (6) sought to be added to Article 329-A of
the Constitution. It was submitted by him that each one of the amendments
of the Act was aimed at removing genuine uncertainties or doubts about what
the law was so that it may be brought into the line with what it had been
previously understood to be as declared by this Court or in any case with
what Parliament correctly exercising its unquestionable law making powers
thought that it should be.
392. The constantly recurring and vehemently pressed theme of the
arguments of the learned counsel for the election petitioner was that the
context; and the contents of the Acts of 1974 and 1975 and after that of
Section 4 of the 39th Amendment clearly indicated that the whole object of
the Acts of 1974 and 1975 and of the Constitutional amendment was an
oblique one: to deprive the election petitioner of the remedies he had under
the law against an election vitiated by corrupt practices and of the benefits of
a decision of the High Court in his favour by taking away its grounds and
then the jurisdiction of Courts which existed at the time of the 39th
Amendment to deal with the case so that this case may not in any event
terminate in favour of the election petitioner. It was repeatedly suggested by
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