could be really no binding precedent in discretionary matters depending on
the facts and circumstances of each case. The operation of the judgment of
the trial Court and the consequential orders are staved only on "sufficient
cause" shown on the facts of that case. In the case before us the sufficient
cause seems to me to be apparent from a bare perusal of the judgment of the
trial Court As I have pointed out below, the judgment under appeal contains
glaringly erroneous conclusions reached by ignoring what has been
repeatedly laid down in election cases by this Court even if one were to
assume for the sake of argument that all the findings of fact recorded by the
trial Court including some very questionable ones on which its conclusions
rest were correct.
398. In a case where the bona fides of legislation and even of a
Constitutional amendment, is questioned on the ground of a suggested
frightfulness in the facts of the case which Parliament and the ratifying State
Legislatures are to be supposed. If we are to accept the suggestion to have
been acting in concert to prevent this Court from examining on merits it was.
I think the duty of counsel making any such suggestion to invite our
attention to any fact not fully disclosed or discussed in the judgment under
appeal at least when he was asked as I repeatedly asked him in the course of
this arguments extending over a period of about fifteen days out of a total
period of hearing of the case for thirty two days how the trial Court's
conclusions on the two matters, forming the subject-matter of appeal No. 887
of 1975 of the original respondent could possibly be justified. However, I have
also satisfied myself by going through the whole evidence on record on these
two matters which I shall presently deal with that learned counsel for the
election petitioner could not possibly usefully add anything to the replies he
actually gave on the questions put to him on these matters and to the
discussion of the whole evidence on these question by the trial Court. I have
taken pains to clarify this position as the learned counsel for the election
petitioner at the end of arguments of both sides extending over thirty two
days of actual hearing stated that he had argued on the assumption that we
will be concerned only with the validity of the 39th Amendment and the
validity and correct interpretation of the Acts of 1974 and 1975. I think that
it was made clear to him that we will have to enter into the merits if that was
necessary as I think it is for judging whether amendments in law where
either necessary or justified learned counsel for the election petitioner was
not prevented from dealing with any question whether of fact or law which he
may have wanted to raise, Learned counsel for both sides had fully argued at
least the election petitioner's appeal No. 909 of 1975 on facts and law. They
had taken us sufficiently into facts and findings involved in the original
respondent's appeal No. 887 of 1975 to justify our dealing with all questions
necessary to decide this appeal on merits also. Indeed it is not necessary for
us to go beyond findings of fact recorded by the learned Judge, as distinct
from conclusion based upon them which are questions of law to demonstrate
the very palpable errors committed by the learned Judge on the two
questions which are the subject-matter of appeal No. 887 of 1975.
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