given retrospective effect so as to be valid from January 14, 1971. As regards
issue No. 1 and additional issue No. 1. the High Court held that the appellant
obtained and procured the assistance of Yashpal Kapur during the period
from January 7 to 24, 1971 when Yashpal Kapur was still a gazetted officer
in the service of the Government of India in the furtherance of her election
prospects.
166. As a result of its findings on issues No. 3, issue No. 1 read with
additional issue No. 1, additional issue No. 2 and additional issue No. 3, the
High Court allowed the petition and declared the election of the appellant to
the Lok Sabha to be void. The appellant was found guilty of having
committed corrupt practice under Section 123 (7) of the R P Act by having
obtained the assistance of gazetted officers of the U.P. Government, viz., the
District Magistrate and the Superintendent of Police Rae Bareli, the
Executive Engineer PWD Rae Bareli and Engineer Hydel Department Rae
Bareli in furtherance of her election prospects. The appellant was further
found guilty of having committed another corrupt practice under Section 123
(7) of the R P Act by having obtained the assistance of Yashpal Kapur, a
gazetted officer in the Government of India holding the post of Officer on
Special Duty in Prime Minister's Secretariat, for the furtherance of her
election prospects. The appellant, it was accordingly observed, stands
disqualified for a period of six years from the date of the order in accordance
with Section 8-A of the R P Act. The writ petition, as mentioned earlier, was
dismissed.
167. An appeal against the judgment of the learned single Judge of the
High Court dismissing the writ petition is pending before the High Court.
168. During the pendency of these appeals, Parliament passed the
Election Laws (Amendment) Act, 1975 (Act 40 of 1975) (hereinafter referred
to as 1975) amending Act. or Act 40 of 1975 and the same was published in
the Gazette of India Extraordinary dated August 6, 1975. Section 2 of the
1975 amending Act substituted a new section for Section 8-A in the Act.
According to the new section, the case of every person found guilty of a
corrupt practice by an order under Section 99 shall be submitted as soon as
may be, after such order takes effect to the President for determination of the
question as to whether such person shall be disqualified and if so, for what
period, not exceeding six years. It is also provided that the person who stands
disqualified may before the expiry of the period of disqualification submit a
petition to the President for the removal of such disqualification for the
unexpired portion of the said period. The President shall then give his
decision on such petition after obtaining the opinion of the Election
Commission and in accordance with such opinion. Sections 3, 4 and 5 of the
1975 amending Act deal with other consequential matters relating to
disqualification, and it is not necessary for the purpose of the present case to
go into them. Sections 6 and 7 amended Ss. 77 and 79 of the RP Act and we
shall refer to them presently. Same is the position of Section 8 of the
amending Act which introduced changes in Section 123 of the RP Act. Section
9 amended Section 171-A of the Indian Penal Code. Section 10 gives
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