by respondent No. 1’s election agent Yashpal Kapur, or other persons with
his consent, as detailed in Schedule B to the petition?
8. Whether the particulars given in paragraph 12 and Schedule B of the
petition are too vague and general to form a basis for allegations regarding a
corrupt parctice under Section 123 (5) of the Representation of the People
Act?
9. Whether respondent No. 1 and her election agent Yashpal Kapur
incurred or authorised expenditure in excess of the amount prescribed by
Section 77 of the Representation of the People Act. read with Rule 90, as
detailed in para. 13 of the petition?
10. Whether the petitioner had made a security deposit in accordance with
the rules of the High Court as reuired by Section 117 of the Representation of
the People Act?
11. To what relief, if any, is the petitioner entitled?
ADDITIONAL 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 the Government of India. If so, from
what date?
2. Whether respondent No. 1 held herself out as a candidate from any date
prior to 1-2-1971 and if so, from what date?
3. Whether Yashpal Kapur continued to be in the service of Government
of India from and after 14-1-1971 or till which date?”
401. The High Court trying the case had, in the course of a lengthy
judgement, rejected the election petitioner’s case on issues Nos. 2, 4, 6, 7 and
9 of the first set of issues, after minutely and menticulously scrutinizing
every material allegation of the election petitioner and the evidence given in
support of it on each of these issues. Out of these the election petitioner in his
cross appeal No. 909 of 1975, has questioned the findings of the High Court
only on issues Nos. 2, 4, 6, 7 and 9 set out above. Issues Nos. 5 and 8 and 10,
decided in favour of the election petitioner, were technical and are immaterial
now. It will be noticed that the additional issue No. 1, due to some error or
oversight, is an exact and unnecessary repetition of the initial issue No. 1
Additional issues numbered 2 and 3 are connected with and subsidiaries of
the initially framed issues numbered 1 and 3.
402. The learned trial Judge had accepted the election petitioner’s case on
the material issues numbered 1 and 3 of the initially framed issues, and on
the overlapping and subsidiary additional issues 1, 2 and 3. He was of
opinion that Shri Yashpal Kapur, a Central Government servant and a
Gazetted Officer of the rank of an Under-Secretary, deputed to serve in the
Prime Minister’s Secretariat as an Officer on Special Duty, had held his post
until 25-1-1971 when his resignation, tendered on 13-1-1971, was accepted by
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