District Congress Committee and not by the officers of the State Government.
It was denied that any directions or instructions in that regard were issued
by the appellant or her election agent. The allegations regarding the
distribution of blankets dhotis and liquor were stated to be absolutely false.
As regards the Symbol of cow and calf, the appellant stated that it was not a
religious symbol and that it was wrong that extensive appeals were made by
her or her election agent to that symbol. The appellant added that she and
her election agent merely informed the voters that the symbol of the Indian
National Congress (R) was cow and calf and that the voting mark should be
put against that symbol. The decision of the Election Commission alloting the
symbol of cow and calf to her party was final and the same could not,
according to the appellant, be made a ground of attack nor could the Court go
into that question. The allegation regarding hiring and procuring of vehicles
and the use thereof for conveyance of the voters to the polling stations was
described by the appellant as false. Likewise, she denied the allegation that
she or her election agent incurred expenditure in excess of the prescribed
limit.
162. Following issues were framed in the case:‘‘(1) Whether respondent No. 1 obtained and procured the assistance of
Yashpal Kapur in furtherance of the prospects of her election while he was
still a Gazetted Officer in the service of Government of India? If so, from what
date?
(2) Whether at the instance of respondent No. 1 members of the Armed
Forces of the Union arranged Air Forces planes and helicopters for her flown
by members of the Armed Forces to enable her to address election meetings
on 1-2-1971 and 25-2-1971, and if so, whether this constituted a corrupt
practice under Sec. 123 (7) of the Representation of the People Act?
(3) Whether at the instance of respondent No. 1 and her election agent
Yashpal Kapur, the District Magistrate of Rae Bareli, the Superintendent of
Police of Rae Bareli and the Home Secretary of U.P. Government arranged
for rostrums, loudspeakers and barricades to be set up and for members of
the Police Force to be posted in connection with her election tour on 1-2-1971
and 25-2-1971; and if so, whether this amounts to a corrupt practice under
Section 123 (7) of the Representation of the People Act?
(4) Whether quilts, blankets, dhotis and liquor were distributed by agents
and workers of respondent No. 1, with the consent of her election agent
Yashpal Kapur at the places and on the dates mentioned in Schedule A of the
Petition in order to induce electors to vote for her?
(5) Whether the particulars given in paragraph 10 and Sch. A of the
Petition are too vague and general to afford a basis for allegations of bribery
under Section 123 (1) of the Representation of the People Act?
(6) Whether by using the symbol cow and calf which had been allotted to
her party by the Election Commission in her election campaign the
respondent No. 1 was guilty of making an appeal to religious symbol and
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