244. Reference has also been made during the course of arguments by
MR. Shanti Bhushan to some entries in a register of the Congress
Committee. The High Court declined to place any reliance on those entries as
those entries had not been proved. I see no cogent ground to take a different
view. Our attention has been invited by Mr. Shanti Bhushan to a report in
issue dated January 22, 1971 of Swantantra Bharat wherein there was a
reference to the Personal Secretary of the Prime Minister having reached Rae
Bareli with a caravan of 70 motor vehicles. No reliance can be placed upon
that report as the correspondent who sent that report was not examined as a
witness.
245. The other difficulty which I find in accepting the submission of Mr.
Shanti Bhushan in respect of 23 vehicles is that there is no evidence to show
that any payment was made for the use of the above mentioned vehicles.
There is also nothing to show that those vehicles were engaged on hire. As
mentioned earlier, the owners and drivers of those vehicles were not
examined as witnesses. I therefore, find no sufficient ground to interfere with
the finding of the High Court in respect of the above mentioned 23 vehicles.
246. Mr Shanti Bhushan has next assailed the finding of the High Court
in so far as it has held that the respondent has failed to prove that the
appellant incurred an expense of Rs. 6,600 on workers engaged for the
purposes of election propaganda. I, however, find no infirmity in the finding
of the High Court in this respect as threre is no cogent evidence whatsoever
that any expense was incurred for engaging workers for the election work of
the appellant. The case of the appellant is that her workers did the work
voluntarily and without receipt of any remuneration.
247. Apart from challenging the findings of the High Court in respect of
23 vehicles and the alleged payment to workers, Mr. Shanti Bhushan has
also referred to some other circumstances with a view to show that the
election expenses of the appellant exceeded the prescribed amount of Rs.
35,000. It has been pointed out that a cheque for Rs. 70,000 was sent by the
Provincial Congress Committee to Dal Bahadur Singh. President of the
District Congress Committee Rae Bareli, and the same was credited in Dal
Bahadur Singh’s account after deducting of the bank charges on March 4,
1971. Dal Bahadur Singh withdrew out of that amount Rs. 40,000 and Rs.
25,000 on March 4 and 6. 1971 respectively nearabout the days of polling. It
is urged that the said amount must have been spent for the purpose of the
elections. There was no reference to the said amount of Rs. 70,000 in the
petition. There is also no reference to the amount of Rs. 70,000 in the
judgment of the High Court or in the grounds of appeal. As such, I am of the
view that the respondent should not be allowed to set up a case against the
appellant on the basis of the bank entries in the account of Dal Bahadur
Singh. Reference has further been made by Mr. Shanti Bhushan to the
expenses which were alleged to have been incurred on the telephone charges
and the meetings addressed by Yashpal Kapur. The High Court rejected the
submission in this respect on behalf of the respondent in the following words:
‘‘Learned counsel for the petitioner urged that from the evidence on record, it
transpires that expenditure was also incurred on the telephone connection
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