1995 Supreme(SC) 729

SUPREME COURT OF INDIA
G.N. Ray and Faizan Uddin, JJ.
Civil Appeal No. 3169 of 1991
Decided On: 14.07.1995
Dr. Das Rao Deshmukh Appellants
Vs.
Kamal Kishore Nanasaheb Kadam and others Respondent

Headnote:

Representation of the People Act, 1951 - Sections 99,123(3) and 123(3A) - Maharashtra State Legislative Assembly - Challenge - Active support of his election agents and leaders of and Bharatiya Janata Party - Last Assembly election in State of Maharashtra was on February - As per schedule declared by Election Commission for General Election for Legislative Assembly for State of Maharashtra nomination papers were to be filed on February nominations were to be scrutinised on very same day - Last date for withdrawal of nomination papers was February and result of election was to be declared - Election petitioner was Congress nominee and appellant was nominee of Shiv Sena party - Appellant secured votes and election petitioner secured votes - Respectively and Local President of said were in charge of election campaign on behalf of - Was election agent of - Election-petitioner alleged that Shiv Sena Party conducted election campaign by holding public meetings distributing banners and hand bills pamphlets playing audio and video cassettes depicting election manifesto as well as election campaign of Shiv Sena - It was alleged that Shiv Sena party had recorded two cassettes namely - It was alleged that all such campaigns were with consent of - Election petitioner divided allegations in Part of election petition - Allegations about campaign on basis of religion were indicated in Part - Is synopsis of particulars campaign which according to election petitioner were offensive - Classification in those parts has been made with reference to various types of documents cassettes both audio and video for facilitating understanding of allegations of election petitioner - Organisation of Shiv Sena party was registered as political party - According to election petitioner main idea of establishing Shiv Sena party was to promote and espouse cause of Hinduism - Election petitioner alleged that Shiv Sena came out with message in a daily newspaper called Samna and thrust of said newspaper was that Hindus and Hindu religion were in danger and that they needed awakening - Election petitioner further alleged that in Nanded Constituency said newspaper had wide circulation - Main allegation of said Shiv Sena party was that Hindu religion was in peril in hands of ruling Congress Party - It was alleged that during entire tenure of rule by Congress said party had espoused cause of and Christians and it was required to be checked by constituting Hindu Vote Bank - Supremo of Shiv Sena party had openly canvassed for capturing political power by indicating that such power had to be owned by - It was alleged that when election of Shiv Sena candidate from Vile Parle Constituency on December was set aside on ground that campaign was found to be in breach of S.123(3) and 123(3A) of Representation Act - Came out in newspaper Samna that Hindus must unite - Hindu religion must grow and this concept should make new Hindustan - Similar speeches were also delivered hereafter - It was further alleged that on eve of election of four Shiv Sena candidates at Lok Sabha Elections same message was delivered by and he declared that he would desire to hoist Saffron Flag at Vidhan Bhavan at Bombay - Election petitioner contended that appellant joined Shiv Sena and adopted entire election campaign carried out by Shiv Sena throughout State of Maharashtra - Said also consented that persons named in para of election petition would campaign for him - Said list mentioned several names including names of respondents to election petition - In Part election petitioner gave area of Nanded Constituency and in para detailed corrupt practice was indicated - It was alleged by election petitioner that on February there was an announcement by of Shiv Sena party that meeting would be addressed by on February at about and an advertisement was published in local newspaper Godatir Samachar - It was indicated that meeting would be at where would remain present - Held, Appellant has permitted to display poster for purpose of his election campaign - In said poster appeal to vote for appellant was made for purpose of teaching a lesson to Muslims - Such appeal to say least was potentially offensive and was likely to rouse passion in minds of voters on communal basis - Such appeal to teach a lesson was also likely to bring disharmony between two communities namely Hindus and Muslims and offended secular structure of country - In our view use of such poster by itself is sufficient to hold that appellant had indulged in corrupt practice under S.123(3) and 123(3A) of Representation Act - Court may however indicate that speeches delivered in election meeting by leaders of political parties should be appreciated dispassionately by keeping in mind context in which such speeches were made - This Court has indicated a note of caution that in election speeches appeals are made by candidates of opposing political parties often in an atmosphere surcharged with partisan feelings and emotions - Use of hyperboles or exaggerated language or adoption of metaphors and extravagance of expression in attacking one party or a candidate are very common and Court should consider real thrust of speech without labouring to dessect one or two sentences of speech to decide whether speech was really intended to generate improper passions on score of religion caste community etc - In deciding whether a party or his collaborators had indulged in corrupt practice regard must be had to substance of matter rather than mere form or phraseology - In case this Court has recognised that there are several parties whose membership is either confined to or predominantly by members of some communities or religion and that an appeal made by candidates of such parties for votes may in an indirect way concavely be influenced by considerations of religion race community or language - So long as the law recognises such parties for purpose of election and parliamentary life this situation cannot be avoided - Such view has also been reiterated in later decisions of this Court - It has been very strenuously contended by counsel for appellant that appeal to vote for Hindutwa should not be confused with appeal to vote only for a member of one community namely Hindus - Criticism of partisan treatment meted out to Hindus by ruling Congress party or appeasement policy in favour of one community or followers of a particular religion impairing national integrity and appeal to oppose such improper and anti-national policy should not be to be an appeal to vote only on basis of a particular religion - It has been contended that thrust of speeches was that inequal treatment meted out to Hindus and deliberate hurting of sentiments of Hindus have encouraged divisive forces and anti-national elements in country and Hindus should be aware of such divisive forces and try to unite against such divisive and anti-national forces in selecting proper candidate who would safeguard unity and integrity of country - In Court view it is not necessary to consider philosophy of Hindu religion and its tenets of tolerance and respect for different religious faiths for purpose of appreciating whether appeal was really made for Hindutwa which is something different from outward practices and some of followings professed by followers of Hindu religion - In instant case Court have already indicated that appellant had given publicity to voters by exhibiting poster which was per se highly offensive and potentially vulnerable and was likely to bring hatred and misunderstanding between two communities namely Hindus and Muslims - Appeal Dismissed