156. With regard to the symbol of cow and calf being a religious symbol it
was said on behalf of the respondent that the Akhil Bhartiya Ram Rajya
Parishad asked for cow, calf and milkmaid symbol and were refused. They
were given the symbol of a ‘‘Rising Sun’’. It is impossible to hold that because
one party has not been given the symbol of cow, calf and milkmaid, therefore,
the symbol of cow and calf becomes a religious symbol. The High Court on the
evidence adduced by the respondent rightly came to the conclusion that there
was no evidence to prove that the cow and calf is a religious symbol. The
High Court rightly held that cow and calf is not a religious symbol.
157. The finding of the High Court that the appellant held herself out to
be a candidate from 29th December, 1970 is set aside because the law is that
the appellant became a candidate only with effect from the date of
nomination which was 1st February, 1971. The finding of the High Court
that the resignation of Yashpal Kapur did not become effective until it was
notified in the Gazette is also set aside because under the law the resignation
became effective from 14th January. 1971. The finding of the High Court that
the appellant committed corrupt practice in breach of Section 123 (7) of the
1951 Act is also repelled by the legislative changes and is, therefore, set
aside. The order of disqualification of the appellant is also set aside.
158. For the foregoing reasons the contentions of the appellant succeed
and the contentions of the appellant succeed and the contentions of the
respondent fail. The appeal is accepted. The judgment of the High Court
appealed against is set aside. The cross-objection of the respondent is
dismissed. There will be no order as to costs.
KHANN A J.:159. Civil appeal No. 887 of 1975 has been filed by Smt. Indira Nehru
Gandhi (hereinafter referred to as the appellant) against the judgment of the
Allahabad High Court whereby election petition filed by Shri Raj Narain
respondent No. 1 (hereinafter referred to as the respondent) to question the
election of the appellant to the Lok Sabha from Rae Bareli Parliamentary
constituency was allowed and the election of the appellant was declared void.
The appellant was found guilty of having committed corrupt practices under
Sec. 123 (7) of the Representation of the People Act, 1951 (hereinafter
referred to as the RP Act) and as such as stated to be disqualified for a period
of six years in accordance with S 8-A of the RP Act. Cross Appeal No. 909 of
1975 has been filed by Shri Raj Narain against the judgment of the High
Court in so far as it decided certain issues against the respondent.
160 The President of India called upon different constituencies in the
country to elect members to the Lok Sabha by notification dated January 27,
1971 under Section 14 (2) of the RP Act. Last date for filing nomination
papers was fixed as Februrary 3, 1971 for Rae Bareli constituency by the
Election Commission. The appellant filed her nomination paper on February
1, 1971. The appellant was for a number of years before the election Prime
Minister of India and is since then continuing to hold that office. Yashpal
Kapur, who was previously a gazetted officer in the Government of India
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents