holding the post of Officer on Special Duty in the Prime Minister’s
Secretariat and who subsequently submitted his resignation was appointed
the election agent of the appellant. The signed form about the appointment of
Yashpal Kapur as election agent was submitted to the Returning Officer on
February 4, 1971, the date of scrutiny. The date on which Yashpal Kapur
submitted his resignation and the same became effective is, however, a
matter of controversy between the parties. The appellant who was a
candidate of the Indian National Congress (R), was allotted the party symbol
of cow and calf. Polling took place in the first week of March on March 1,
March 3 and March 5, 1971. The appellant and the respondent were the
principal contestants. There were two other candidates but we are not
concerned with them. The result of the election was declared on March 10,
1971. The appellant got 1.83.309 votes, while the respondent secured 71.499
votes and the former was declared elected. The respondent thereafter filed
election petition on April 24, 1971 to challenge the election of the appellant.
Apart from some grounds which were not pressed, the election of the
appellant was assailed on the following grounds.
(1) The appellant held herself out as a prospective candidate from the Rae
Bareli constituency immediately after the dissolution of the Lok Sabha on
December 27, 1970 and for furtherance of her election prospects she obtained
and procured the assistance of Yashpal Kapur who was at that time holding
the post of Officer on Special Duty. The appellant thus committed corrupt
practice under S. 123 (7) of the RP Act.
(2) The appellant and her election agent procured the assistance of
members of armed forces of the union for furtherance of her election
prospects inasmuch as the members of the armed forces arranged planes and
helicopters of the Air Force at her instance for her flights to enable her to
address meetings in her constituency. The appellant there by committed
corrupt practice under Section 123 (7) of the RP Act.
(3) The appellant and her election agent obtained the assistance of a
number of gazetted officers and members of the police forces for the
furtherance of her election prospects in as much as the services of the District
Magistrate. Superintendent of Police Rae Bareli and the Home Secretary.
Uttar Pradesh Government were utilised for the purposes of the construction
of rostrums and installation loudspeakers at various places within the
constituency where the appellant addressed her election meetings as also for
the purpose of making arrangements of barricading and posting of police
personnel on the routes by which the appellant was to travel in her
constituency and at the places where she was to address meetings. In order to
give publicity to her visits and thus attract large crowds. The appellant was
thereby stated to have committed corrupt practice under Section 123 (7) of
the RP Act.
(4) Yashpal Kapur, election agent of the appellant and her other agents
with the consent of Yashpal Kapur, freely distributed quilts, blankets, dhotis
and liquor among the voters to induce them to vote for her and thereby the
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