VERY IMPORTANT POINT
Schedule 14 of the election petition and the video cassettes referred therein alleging booth capturing, arson and violence to prove corrupt practice in election is an integral part of the election petition and the failure of the petitioner to file originals thereof in Court along with the election petition attracts Section 81 of the Representation of People Act, 1951 and, therefore, Section 89(1) of the Act and thus the election petition is liable to be dismissed. Supreme Court thus upholds Samajwadi Party s leader Mulayam Singh Yadav s election to Lok Sabha.

Headnote:Representation of People Act, 1951-Sections 80, 81, 83 and 86(1) -Presentation of election petition-Ground of corrupt practice under Sections 100 and 101-Petition to accompany affidavit-High Court to dismiss election petition under Section 86(1) if election petition does not comply Sections 81 and 83-Originals of video cassettes mentioned and verified in Schedule 14 had not been filed along with election petition, although 15 copies thereof had been filed for service on appellant-Video cassettes showing booth capturing, arson and violence-Schedule 14 not made part of election petition-For alleged arson and violence, there was no other statement in election petition-One video cassette was short-Appellant making preliminary objection to the maintainability of election petition-Dismissed by High Court-Whether correct? (No)-Appeals allowed.
Held : It was contended by learned counsel for the appellant that the election petition deserved dismissal under Section 86(1) because it did not comply with the requirements of Sections 81 and 83 of the Act in as much as the original of the video cassette mentioned and verified in Schedule 14 had not been filed along with the election petition, although 15 copies thereof had been filed for service upon the respondents. It was submitted that the video cassette mentioned and verified in Schedule 14 gave, according to the election petition, particulars of alleged booth capturing, arson and violence. In fact, in so far as the alleged arson and violence were concerned, there was no other statement in the election petition or in the Schedules which gave any facts or particulars. On behalf of the first respondent, it was submitted that all the Schedules other than Schedule 14 were made part of the election petition. Schedule 14 only mentioned the video cassette that was to be used as evidence in support of the allegations of corrupt practice. This was clear from the election petition itself, wherein, in support of all Schedules other than Schedule 14, it had been expressly averred that they were a part of the election petition whereas, in respect of Schedule 14, what was averred in the election petition was that it was filed along with the election petition and not that it formed a part thereof. Whether or not Schedule 14 is an integral part of the election petition does not depend on whether or not the draftsman of the election petition has so averred. It has to be decided objectively, taking into account all relevant facts and circumstances. Schedule 14 is one of 25 Schedules which are, as a matter of fact, part of the bound election petition. In respect of each of these Schedules, except Schedule 14, it is averred that it is a part of the election petition. Each of these Schedules, other than Schedule 14, mentions, verifies and contains some paper or document which can be placed between the leaves of paper that comprise that Schedule and be bound with the election petition. Schedule 14 mentions and verifies a video cassette which cannot be placed between two leaves and be bound with the election petition. This is the explanation for the difference in the manner in which the averments relating to Schedule 14 and the other Schedules are made in the election petition. Clearly, the video cassette mentioned and verified in Schedule 14 is as much an integral part of the election petition as the papers and documents mentioned and verified in the other Schedules. Further, that the video cassette mentioned and verified in Schedule 14 is a part of the election petition and was intended to be such is evident from the affidavit of the first respondent verifying the allegations of corrupt practice made in the election petition. Therein, the first respondent has verified the correctness of what is stated in paragraph 83 of the election petition, which refers to Schedule 14 and which has been quoted above, and to Schedule 14 itself. Yet again, that the video cassette mentioned and verified in Schedule 14 is and was intended to be a part of the election petition is shown by the fact that 15 video cassettes which were copies of the video cassette mentioned and verified in Schedule 14 were filed in the High Court along with the election petition for being served upon the respondents thereto. Ordinarily, what is shown upon the video cassette that is mentioned and verified in Schedule 14 would have been set out in the election petition and then that video cassette could have been said to be evidence of the allegations made in the election petition. As this election petition is drafted, there is no description of what is shown on this video cassette except to say that it shows booth capturing, violence and arson. As to booth capturing, there are particulars contained in the other Schedules but even in that regard the later paragraphs of the election petition make reference to Schedule 14 so that even in regard to booth capturing the particulars shown in the video cassette mentioned and verified in Schedule 14 are relied upon. So far as the allegations of violence and arson are concerned, there are no particulars in the election petition absent the video cassette mentioned and verified in Schedule 14. We are, therefore, satisfied that the video cassette mentioned and verified in Schedule 14 is an integral part of the election petition and that it should have been filed in Court along with copies thereof for service upon the respondents to the election petition. Whereas 15 copies thereof were filed for service upon the respondents, the video cassette itself was not filed. The election petition as filed was, therefore, not complete. Section 81 contemplates the presentation of an election petition that is complete and satisfies the requirements of Section 83. An election petition that is not complete must, having due regard to the imperative mandate of Section 86, be dismissed. The present election petition must, therefore, be dismissed. The appeals are allowed. The judgment and orders under challenge is set aside. The election petition is dismissed. The first respondent shall pay to the appellant the costs thereof. (Paras 9, 10, 11, 12, 13, 14 & 15)

JUDGMENT

Bharucha, J.-Civil Appeal Nos. 4396-4398/2000 :

We are concerned in these appeals with the election held on 22nd February, 1998 for the 9 Sambhal Parliamentary Constituency. The result thereof was declared on 3rd March, 1998. The appellant, Mulayam Singh Yadav, was declared elected, having secured 3,76,828 votes. His nearest rival was the first respondent, Dharampal Yadav, whom he defeated by a margin of 1,66,662 votes. The first respondent challenged the election of the appellant by filing an election petition on 17th April, 1998 before the High Court at Allahabad. Interim applications were filed on behalf of the appellant raising preliminary objections to the election petition. They were disposed of by the judgment and order under challenge, whereby the preliminary objections were rejected.

2. The point that we propose to decide, and which will dispose of the appeals, relates to Schedule 14 to the election petition. The election petition has 15 respondents. It contains grounds (A) to (I). In support of these grounds, 25 Schedules are filed and are, as a fact, a part of the election petition, as bound. Except Schedule 14, to which we shall presently refer, the other Schedules contain documents, such as newspaper reports, pleadings, circulars, list of polling booths, etc. Each Schedule has a verification clause and is verified by the first respondent. In respect of each Schedule, except Schedule 14, the averment in the election petition reads, "....... marked as Schedule ___ to this election petition (giving the appropriate number) which forms part of the election petition." Schedule 14 is referred to in paragraph 83 of the election petition thus : "But in the case of the present election of 9 Sambhal Parliamentry Constituency, though the polling was 90% and above upto 250% as stated above, coupled with the booth capturing, arson and violence in large scale and the same having been brought to the public notice by print and electronic media, which was covered by video photography by different channels including the Doordarshan, Star T.V. and Zee T.V. and the videography under the orders of the election commission is attached to this election petition as Schedule No. 14 in the form of cassette, which is filed along with this election petition under a seal cover under the signature of the election petitioner and his counsel."

3. To be certain about what precisely this averment meant, we asked learned counsel for the first respondent to explain it. He said that the first respondent or some person on his behalf had recorded what was shown by television channels and the videograph taken under the orders of the Election Commission and that the video cassette of such recordings was mentioned and verified in Schedule 14. The reproduction of the recording on 15 video cassettes had been filed along with the election petition for service on the respondents thereto.

4. Schedule 14 is filed in support of grounds A, B and C of the election petition, which deal with the improper reception of votes at polling booths which had been captured, affecting the result of the election so far as it concerned the appellant, non compliance with the Constitution and the law which also concerned the election in so far as it concerned the appellant, and ground C states :

"because the petitioner is entitled for a declaration as contemplated under Section 10(b) of the Representation of Peoples Act, 1951, if the votes obtained by the Returned Candidate, namely, the respondent No. 1 by corrupt practice of booth capturing and other corrupt practice are excluded, the petitioner would have obtained the majority of valid voters."

Schedule 14 is also referred to in support of grounds H and I, which deal with the undue influence exercised by the appellant and its agents by directly interfering in the free and fair exercise of the electoral right of voters and the capturing of polling booths and centres. In so far as grounds H and I are concerned, material particula

Click Here to Read the rest of this document