altogether to try the case. No such attempts at reading it down have,
however, been made by learned Counsel supporting the validity of Article
329A (4). It is not unlikely that Article 329A (4) was based on the
misapprehension that the High Court's judgment may be legally correct or
that there was possibility, even for a case so ill founded in fact and in law as
the one put forward on behalf of the election-petitioner, to succeed in this
Court if it had succeeded in the High Court. We cannot indulge in guess work
on these matters. In any case, no useful purpose will be served now by our
declaring anything beyond that clause 329A (4) does not so operate as to bar
the jurisdiction of this Court to go into and determine the merits of the
appeals before us by applying the Act of 1951. Even if we were to consider
matters of expendiency and national interest, as we should in appropriate
cases, it does not appear to me to be either expedient or in conformity with
national interests to leave the matter in doubt whether the judgment under
appeal before us could or could not legally stand on its own legs under the
unamended law.
637. For the reasons given above. I declare that Article 329A (4) does not
stand in the way of the consideration of the appeals before us on merits under
the Act of 1951 or the validity of the amendment's of the Act. On a
consideration of the merits of Appeals Nos. 887 and 909 of 1975, I have come
to the conclusion, as indicated above, that Appeal No. 887 must be allowed
and the Cross Appeal No. 909 of 1975 must fail. The result is that the
judgment and orders passed by the learned Judge of the Allahabd High Court
on the election case are set aside, and in such conformity with Article 329A
clause (4) as is possible for us. I also declare the judgment and the findings
contained in it to be void and of no effect whatsoever. It is not necessary for
me to add that the order of the learned Judge, holding the original
respondent disqualified from occupying her office, disappears ipso facto and it
neither has nor will be deemed over to have had any legal effect whatsoever.
In the circumstances of the case, I think the parties should bear their own
costs throughout.
Chandrachud, J.: –
638. The Election Petition out of which these appeals arise involved the
question of the validity of the election of Smt. Indira Nehru Gandhi to the
Lok Sabha. In the General Parliamentary Elections of 1971, she was declared
as the successful candidate from the Rae Bareli constituency in Uttar
Pradesh. She won the election by a margin of 1.11.810 votes over her nearest
rival, Shri Raj Narain.
639. Shri Raj Narain who was sponsored by the Samyukta Socialist Party,
filed an election petition under Section 80 read with Section 100 of the
Representation of the People Act, 1951, to challenge the election of the
successful candidate. Originally the challenge was founded on numerous
grounds but during the trail of the petition in the High Court of Allahabad,
the challenge was limited to seven grounds.
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