SUPREME COURT OF INDIA* Civil Appeals Nos. 887 and 909 of 1975$ (Decision dated 7-11-1975) In C.A. No. 887 of 1975 Smt. Indira Nehru Gandhi ..Appellant Vs. Shri Raj Narain ..Respondent In C.A. No. 909 of 1975 Shri Raj Narain ..Appellant Vs. Smt. Indira Nehru Gandhi ..Respondent SUMMARY OF THE CASE Smt.Indira Nehru Gandhi was elected to the House of the People from Rae Bareli Parliamentary Constituency in March, 1971. Her election was challenged by one of the rival candidates Shri Raj Narain, before the Allahabad High Court by an election petition. The High Court, by its judgment and order dated 12.6.1975, allowed the election petition and declared the election of Smt. Indira Nehru Gandhi as void. The High Court held that Smt. Gandhi had procured assistance of Shri Yashpal Kapoor, a Gazetted Officer of the Government of India, the District Magistrate and Superintendent of Police, Rae Bareli, the Executive Engineer, PWD, and the Engineer, Hydel Department, for her election campaign and had thus committed corrupt practices under Section 123 (7) of the Representation of the People Act, 1951. Aggrieved by the order of the Allahabad High Court, Smt. Indira Nehru Gandhi filed the present appeal before the Supreme Court. A cross-appeal was also filed by Shri Raj Narain. During the pendency of these appeals, Parliament passed the Election Laws (Amendment) Act, 1975. By this Amendment Act, several provisions of the Representation of the People Act, 1951 were amended retrospectively. Further, Parliament also passed the Constitution (Thirty-ninth Amendment) Act, 1975. By this Amendment Act, a new Article 329-A was inserted into the Constitution to provide, inter alia, that the election to Parliament of a person, who holds office of Prime Minister or Speaker of the Lok Sabha at the time of such election or is appointed as Prime Minister or Speaker after such election, shall be called in question only before a specially prescribed authority [and not before the High Court under Article 329 (b) of the Constitution]. Furthermore, by the said Amendment Act, Parliament also validated the election of Smt. Indira Nehru Gandhi. The validity of the above mentioned two Amending Acts also became subject matter of the present appeals. One of the grounds of attack on the validity of these Acts was that many members of Parliament were subjected to preventive detention

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