appellant committed corrupt practice of bribery under Section 123 (1) of the
RP Act.
(5) The appellant and her election agent made extensive appeals to the
religious symbol of cow and calf and thereby committed corrupt practice
under Section 123 (3) of the RP Act.
(6) Yashpal Kapur and some other persons with his consent hired and
procured a number of vehicles for the free conveyance of electors to the
polling stations and thereby committed corrupt practice under Section 123 (5)
of the RP Act.
(7) The appellant and her election agent incurred or authorised
expenditure in contravention of Section 77 of the RP Act and thereby
committed corrupt practice under Section 123 (6) of the RP Act.
161. The appellant in her written statement denied the various
allegations levelled against her and pleaded that Yashpal Kapur resigned
from his post on January 13, 1971 and his resignation was accepted with
effect from January 14, 1971. Notification dated January 25, 1971 was issued
by the Prime Minister’s Secretariat in that connection. It was added that P.N.
Haksar, then Secretary to the Prime Minister, told Yashpal Kapur on the
same on which the resignation was tendered that it was accepted and that
format orders would follow. Yashpal Kapur became the election agent of the
appellant on February 4, 1971. During the period he was a gazetted officer in
the Government of India, he did not do any work in furtherance of the
appellant’s election prospects. Regarding the use of planes and helicopters of
the Air Force, the appellant admitted that on February 1, 1971 she went by
an Indian Air Force plane from Delhi to Lucknow from where she went by car
to Rae Bareli addressing meetings enroute. It was further admitted that on
February 24, 1971 the appellant went by helicopter of the Indian Air Force to
Gonda on regular party work and that from there she went by car to
Lucknow, Unnao and Rae Bareli addressing public meetings in several
constituencies besides her own. The appellant referred to the Pillai
Committee Report and the Office Memoranda issued by the Government of
India and asserted that the aforesaid flights were made by her in accordance
with them. It was added that under the rules, bills for those flights were to be
paid by the All India Congress Committee and most of them had already been
paid. According to the appellant, neither she nor did her election agent solicit,
require or order the use of Air Force planes and the Government of India
provided the planes as part of their normal duty. The appellant denied
having obtained the assistance of the District Magistrate and the
Superintendent of Police Rae Bareli as also that of the Home Secretary, U.P.
Government for any of the purposes mentioned in the petition. The appellant
in this context referred to the instructions issued by the Comptroller and
Auditor General of India. She pleaded that arrangements for posting of police
on the routes which she followed and the arrangements of rostrums were
made by the State government itself in compliance with those instructions.
In regard to the loudspeakers, she pleaded that those were arranged by the
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