further found the appellant guilty of corrupt practice committed under
Section 123 (7) of the Representation of the People Act, 1951 hereinafter
referred to as the 1951 Act by having obtained the assistance of Yashpal
Kapur a Gazetted Officer for the furtherance of her election prospects. The
High Court held the appellant to be disqualified for a period of six years from
the date of the order as provided in Section 8 (a) of the 1951 Act. The High
Court awarded costs of the election petition to the respondent.
2. It should be stated here that this judgment disposes of both the
appeals. Under directions of this Court the original record of the High Court
was called for. The appeal filed by the respondent with regard to Issues Nos.
2, 4, 6, 7 and 9 forms the subject-matter of cross objections in Civil Appeal
No. 909 of 1975. The cross-objections are the same which form grounds of
appeal filed by the respondent in the High Court at Allahabad, against an
order of dismissal of Civil Misc. Writ No. 3761 of 1975 filed in the High Court
at Allahabad.
3. The Constitution (Thirty-ninth Amendment) Act 1975 contains three
principal features. First, Article 71 has been substituted by a new Article 71.
The new Article 71 states that subject to the provisions of the Constitution,
Parliament may by law regulate any matter relating to or connected with the
election of a President or Vice-President including the grounds on which such
election may be questioned.
4. The second feature is insertion of Article 329-A in the Constitution.
Clause 4 of Article 329-A is challenged in the present appeals. There are six
clauses in Art. 329-A.
5. The first clause states that subject to the provisions of Chapter II of
Part V (except sub-clause (e) of clause (1) of Art. 102) no election to either
House of Parliament of a person who holds the office of Prime Minister at the
time of such election or is appointed as Prime Minister after such election;
and to the House of the People of a person who holds the office of Speaker of
that House at the time of such election or who is chosen as the Speaker for
that House after such election shall be called in question, except before such
authority (not being any such authority as is referred to in clause (b) of
Article 329) or body and in such manner as may be provided for by or under
any law made by Parliament and any such law may provide for all other
matters relating to doubts and dispute in relation to such election including
the grounds on which such election may be questioned.
6. Under the second clause the validity of any such law as is referred to in
clause (1) and the decision of any authority or body under such law shall not
be called in question in any court.
7. The third clause states that where any person is appointed as Prime
Minister or as the case may be chosen to the office of the Speaker of the
House of the People while an election petition referred to in Art 329 (b) in
respct of his election to either House of Parliament or as the case may be to
the House of the People is pending such election petition shall abate upon
such person being appointed as Prime Minister or as the case may be being
chosen to the office of the Speaker of the House of the People, but such