better than Courts know and understand these. It is only where a piece of
legislation clearly infringes a constitutional provision or indubitably
overrides a constitutional purpose or mandate or prohibition that Courts can
interfere. After having listened to the lengthy and vehement arguments of
the election petitioner. I fail to see any invalidity in this provision.
463. I will now take up issue No. 3 of the 1st set of issues on which, after
rejecting the contention that the erection of barricades and the provision of
the police force for security purposes by the Government of U.P. during the
election tours of the Prime Minister on 1-2-1971 and 25-2-1971 in the Rae
Bareli constituency, contravened Section 123(7) the learned Judge held that
nevertheless, the arrangements made by the District Magistrate of Rae
Bareli, the Superintendent of Police, Rae Bareli, the Executive Engineer.
P.W.D. and the Engineer. Hydel Department, for constructing rostrums and
the supply of power for loud speakers, on the instructions given by the State
Government, was a corrupt practice struck by the provisions of Section 123(7)
of the Act. As I have already indicated, the only evidence relied upon by the
learned Judge for this extraordinary finding after having rejected a similar
allegation of a corrupt practice under issue No.2 on account of provision of the
Air Force planes and helicopters flown by members of the Air Force on
necessary official instructions, to enable the Prime Minister to go to places
where she could address election meetings on 1-2-1971 and 25-2-1971 was
that the visits of the Prime Minister to her constituency on these occasions
were preceded by the issue from the Prime Minister's Office of the tour
programmes to the officials of the District through the State Government
with the knowledge and consent of the Prime Minister. The State
Government had acted in compliance with the instructions issued by the
Comptroller and Auditor General of India in 1958 read with R.71 (6) of what
is known as the Blue Book. The relevant part of this rule reads as follows:
“It has been noticed that the rostrum arrangements are not always
properly made because the hosts are sometimes unable to bear the cost. As
the security of the Prime Minister is the concern of the State, all
arrangements for putting up the rostrum, the barricades etc. at the meeting
place, including that of an election meeting, will have to be made by the State
Government concerned.”
464. The Government of India had also issued a letter (Ex. A-21) dated 1911-1969 inviting the attention of the State Governments to Rule 71(6)
mentioned above and directing them to ensure that, whenever rostrums are
constructed on such occasions. They should conform to certain specifications
laid down with due regard to security considerations. The letter also directed
the State Governments to bill the political party concerned with expenses
upto 25% of the cost of the rostrums or Rs. 25,000/- whichever is less. The
letter also directed that extravagance in expenditure should be avoided.
465. It was proved by the evidence of Shri R.K. Kaul (P. W. 58) the Home
Secretary in the Government of U.P. that rostrums and arrangements for
barricading are made by the local officials employing contractors for the
purpose under instructions issued by the State Government. The reasoning
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