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1971 Supreme(SC) 569

K.S.HEGDE, H.R.KHANNA
Shashi Bhushan: Amar Nath Chawla – Appellant
Versus
Prof. Balraj Madhok: Kanwar Lal Gupta – Respondent


Judgement

HEGDE, J. :- These appeals by special leave arise from the decision of Andley J. (Delhi High Court) permitting inspection of the ballot papers polled during the last general election to the Lok Sabha held last March in the South Delhi Constituency and the Delhi-Sadar Constituency.

2. The appellants are the successful candidates. They contested in the two constituencies mentioned earlier on behalf of the ruling Congress party. Their symbol was cow and calf. Their nearest rivals were the Jan Sangh nominees whose symbol was Deepak. The appellants were declared elected. The unsuccessful Jan Sangh candidates have challenged the validity of the election of the appellants.

3. The main ground pleaded in support of the election petition was that the ruling party had rigged the election. The process adopted in rigging the election, according to the election petitioners is a somewhat complicated one. That process was explained to us thus; Millions of ballot papers were chemically treated; the symbol of the congress candidates in those ballot papers was mechanically stamped by using invisible ink. As a result of the chemical treatment of those ballot papers, the mark put at the time of



















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