cases are called great, not by reason of their real importance in shaping the
law of the future, but because of some accident of immediate overwhelming
interest, which appeals to the feelings and distorts the judgment. These
immediate interests exercise a kind of hydraulic pressure (Northern
Securities Co. v. U.S.), (1903) 193 US 197 at pp. 400-1. It, therefore, became
essential to rid the case of all the embellishments resulting from the political
overtones and to bring it to a level which is strictly judicial, so that the
various constitutional and legal aspects of the matter may be examined in a
dispassionate atmosphere. Learned counsel for the parties made a significant
contribution towards the attainment of this objective. It may not be
inappropriate in the above context to reproduce what was said by one of us
(Khanna. J.) in Kesavananda Bharati's case (1973) Supp SCR 1 = (AIR 1973
SC 1461 (supra) at p. 755 (of SCR) = (at p. 1902 of AIR):
“That all constitutional interpretations have political consequences should
not obliterate the fact that the decision has to be arrived at in the calm and
dispassionate atmosphere of the court room, that judges in order to give
legitimacy to their decision have to keep aloof from the din and controversy of
politics and that the fluctuating fortunes of rival political parties can have for
them only academic interest. Their primary duty is to uphold the constitution
and the laws without fear or favour and in doing so, they cannot allow any
political ideology or economic theory, which may have caught their fancy, to
colour the decision.”
254. As a result of the above, I accept appeal No. 887 of 1975 filed by
Shrimati Indira Nehru Gandhi, set aside the judgment of the High Court in
so far as it has found the appellant guilty of corrupt practice under Section
123 (7) of the RP Act and has declared her election to the Lok Sabha to be
void. The order that the appellant shall accordingly stand disqualified for a
period of six years as provided in Section 8-A would also consequently be set
aside. The election petition filed by the respondent shall stand dismissed.
Appeal No. 909 of 1975 filed by Shri Raj Narain is dismissed. Looking to all
the circumstances, more particularly the fact that the election petition filed
by the respondent is being dismissed because of changes made in law during
the pendency of the appeal, the parties are directed to bear their own costs
throughout.
MATHEW, J.:— 255. In the election petition filed by the respondent in
Civil Appeal No. 887 of 1975 (hereinafter referred to as 'respondent') seven
charges of corrupt practice were made against the appellant therein
(hereinafter called the 'appellant') and its was prayed that the election of the
appellant be set aside. The learned Judge who tried the petition found that
two of the charges had been made out but that the rest of the charges were
not substantiated. He set aside the election of the appellant with the result
that the appellant incurred the disqualification for a period of six years as
visualized in Section 8-A of the Representation of the People Act. 1951. It is
against this judgment that Civil Appeal No. 887 of 1975 has been filed.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents