156. With regard to the symbol of cow and calf being a religious symbol it was said on behalf of the respondent that the Akhil Bhartiya Ram Rajya Parishad asked for cow, calf and milkmaid symbol and were refused. They were given the symbol of a ‘‘Rising Sun’’. It is impossible to hold that because one party has not been given the symbol of cow, calf and milkmaid, therefore, the symbol of cow and calf becomes a religious symbol. The High Court on the evidence adduced by the respondent rightly came to the conclusion that there was no evidence to prove that the cow and calf is a religious symbol. The High Court rightly held that cow and calf is not a religious symbol. 157. The finding of the High Court that the appellant held herself out to be a candidate from 29th December, 1970 is set aside because the law is that the appellant became a candidate only with effect from the date of nomination which was 1st February, 1971. The finding of the High Court that the resignation of Yashpal Kapur did not become effective until it was notified in the Gazette is also set aside because under the law the resignation became effective from 14th January. 1971. The finding of the High Court that the appellant committed corrupt practice in breach of Section 123 (7) of the 1951 Act is also repelled by the legislative changes and is, therefore, set aside. The order of disqualification of the appellant is also set aside. 158. For the foregoing reasons the contentions of the appellant succeed and the contentions of the appellant succeed and the contentions of the respondent fail. The appeal is accepted. The judgment of the High Court appealed against is set aside. The cross-objection of the respondent is dismissed. There will be no order as to costs. KHANN A J.:159. Civil appeal No. 887 of 1975 has been filed by Smt. Indira Nehru Gandhi (hereinafter referred to as the appellant) against the judgment of the Allahabad High Court whereby election petition filed by Shri Raj Narain respondent No. 1 (hereinafter referred to as the respondent) to question the election of the appellant to the Lok Sabha from Rae Bareli Parliamentary constituency was allowed and the election of the appellant was declared void. The appellant was found guilty of having committed corrupt practices under Sec. 123 (7) of the Representation of the People Act, 1951 (hereinafter referred to as the RP Act) and as such as stated to be disqualified for a period of six years in accordance with S 8-A of the RP Act. Cross Appeal No. 909 of 1975 has been filed by Shri Raj Narain against the judgment of the High Court in so far as it decided certain issues against the respondent. 160 The President of India called upon different constituencies in the country to elect members to the Lok Sabha by notification dated January 27, 1971 under Section 14 (2) of the RP Act. Last date for filing nomination papers was fixed as Februrary 3, 1971 for Rae Bareli constituency by the Election Commission. The appellant filed her nomination paper on February 1, 1971. The appellant was for a number of years before the election Prime Minister of India and is since then continuing to hold that office. Yashpal Kapur, who was previously a gazetted officer in the Government of India

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