which has already been held unless clear and cogent testimony compelling
the Court to uphold the corrupt practice alleged aganist the returned
candidate is adduced. Indeed election petitions where corrupt practices are
imputed must be regarded as proceedings of a quasi-criminal nature wherein
strict proof is necessary. The burden is therefore heavy on him who assails an
election which has been concluded."
This Court also said there (at p. 672) (of SCC) = (at p. 299 of AIR):
"We regard it as extremely unsafe, in the present climate of kilkenny-cat
election competitions and partisan witnesses wearing robes or veracity to
upturn a hard won electoral victory merely because lip service to a corrupt
practice has been rendered by some sanctimonious witnesses. The Court
must look for serious assurance, unlying circumstances or unimpeachable
documents to uphold grave charges of corrupt practices which might not
merely cancel the election result but extinguish many a man's public life."
1975 S.C./152 XII G-10-H
481. I will now take up the election petitioner's Cross Appeal No. 909/75.
Learned Counsel for the election Petitoner very properly and frankly
conceded that he could not successfully assail the findings of the learned
Judge issues Nos. 4 and 7 relating to alleged distribution of quilts, blankets,
dhotis, liquor by workers of the original respondent or the alleged provision of
free conveyance by vehicles said to have be hired by Shri Kapur. The evidence
on these questions given by the election petitioner was too flimsy and
extravagant and was met by overwhelming evidance to the contrary given by
respectable residents of localities in which the alleged corrupt practices are
said to have taken place. No driver of any conveyance was produced. Nor was
any person produced who had actually received any alleged gift or had
consumed anything provided on behalf of the successful candidate.
482. As regards Issue No. 2. relating to the use of aeroplanes and
helicoters by the original respondent, which was not separately pressed
evidently because it was covered by the amendment which was assialed by
the election petitioner, the reasons I have given on issue No. 3 for upholding
the validity of the amendment relating to the services rendered by Govt.
Officials and members of defence forces in due discharge of their duties and
enough to cover the points raised.
483. As regards Issue No. 6 relating to the adoption of the drawing of cow
and a calf as the symbol of the Congress (R) Party of the original respondent
the finding of the Trial Court, based on a large number of authorities was
that this is not a religious symbol. This Question was directly decided in
Bharatendra Singh v. Ram Sahai Pandey. AIR 1972 Madh Pra 167 at p. 179
Shital Prasad Misra v. Nitiraj Singh Chaudhary* decided by M.P. High Court
on 21-7-1971: and Sir Prasanna Das Damodar Das Palwar v. Indu Lal
Kanhaiya Lal Yajnik** decided on 27-8-1971 by the High Court of Gujarat.
The learned Judge also cited the following cases where it was decided that a
cow is not a religious symbol:
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