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Now we would consider the various paragraphs of the election petition to determine as to whether the allegations contained therein disclosed any cause of action. The elec- tion,petition runs into 58 paragraphs containing allegations of various corrupt practices known to the law. The averments contained in the various paragraphs are in disjointed form and in order to ascertain true intention of the election petitioner, one has to read several paragraphs and connect the same with the other to ascertain the correct import of the allegations. The allegations contained in paragraphs 1 to 7 contain narration of facts as to when the election took place and the petitioner's desire to file his nomination paper by wearing only a "langot" and the obstruction raised by the authorities and the allegation that the police were shadowing the appellant and two of them always kept company to him. These paragraphs do not make out any ground under Section 100 of the Act. In paragraph 8, the appellant al- leged that on 5th, 6th and 10th June he saw a number of jeeps plying in the Parliamentary constituency of Amethi bearing flags of Congress (I) which were being used for electioneering purposes in support of Rajiv Gandhi. The allegations further state that the appellant noticed that food was being given to the workers of Rajiv Gandhi at the kothi of Sanjay Singh at Amethi. Assuming the allegations to be true, these do not make out any case of corrupt practice or any other ground of challenge under Section 100 of the Act. During the course of arguments the appellant urged that the allegations contained in paragraph 8 indicate that Rajiv Gandhi had been using a large number of vehicles and feeding workers and thereby he had been incurring expenses beyond the permissible limit. This inference is not permissible as each and every corrupt practice must be clearly and specifi- cally pleaded and it should be complete in itself. No cor- rupt practice can be inferred from reading one sentence here and the other sentence there. A corrupt practice as contem- plated by Section 123(6) contemplates incurring or authoris- ing expenditure beyond the prescribed limit. The allegations contained in paragraph 8 do not contain any averment that the respondent incurred or authorised expenditure beyond the prescribed limit. Neither any details of incurring expenses or authorising have been stated therein. Paragraph 9 of the petition stated that on 5th June 1981 the appellant had seen a number of cars mentioned therein carrying Congress (I) flags. Similarly, allegations contained in paragraphs 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 stated that on the dates mentioned in those paragraphs the election petitioner namely the appellant has seen a number of vehicles plying in the constituency carrying Congress (I) flags. These allega- tions merely show that a number of vehicles were plying with Congress (I) flags in the constituency which by itself do not constitute any corrupt practice. It appears that the appellant intended that the returned candidate had spent money over the plying of vehicles and thereby he exceeded the limit prescribed by Section 123(6) read with Section 77 of the Act. In the absence of requisite allegations in the aforesaid paragraphs the basic ingredients to make out a ground for challenging the election under Section 100 of the Act was totally lacking. These paragraphs therefore dis- closed no cause of action.

Allegations contained in paragraph 52 disclose that the appellant had come to know that the villages in the constit- uency of Amethi, Rajiv Gandhi polled cent percent votes in his favour. This statement does not make out any corrupt practice or any ground of challenge under Section 100 of the Act, it was rightly struk off by the High Court. Paragraph 53 of the election petition stated that Rajiv Gandhi committed corrupt practice as set out in sub-para- graphs (A) to (F). These paragraphs are under the heading of "Grounds". It appears the appellant intended to challenge the election of the returned candidate on the grounds men- tioned in various sub-paragraphs of paragraph 53, it is therefore necessary to consider the allegations contained in each of the sub-paragraphs to ascertain as to whether any corrupt practice was pleaded which could disclose cause of action to maintain the petition. Paragraph 53(1)(a) stated that Rajiv Gandhi "tried to make gift" to the voters in the following manner to make them vote in his favour which is illegal under Section 123(1)(A) of the Representation of the People Act. After making this general statement the appel- lant stated that on 15th June 1981 prior to the declaration of election and also during the election period workers of Rajiv Gandhi with his consent speeded up the construction work of Amethi Railway Station, and this was done only to persuade the voters to cast their vote in his favour. This was a gift to the voters of the constituency. Besides that certain other works were also done which fall within the definition of gift to the voters of the constituency. The petition does not disclose any material fact or particular regarding the alleged corrupt practice of making gift which may amount to bribery within the meaning of Section 123(1)(A) of the Act. The allegations merely disclose that Amethi Railway Station was being constructed and during the election its work was speeded up which persuaded the voters to cast their vote in favour of the returned candidate. There is no allegation that Rajiv Gandhi or his workers with his consent made any gift, offer or promise to any elector to vote or refrain from voting at an election. If some developmental activity was carried on in the constituency and if it was completed during the election period it could not amount to any gift or promise to the voters. It would be noticed that the allegations contained in sub-paragraph 53(1)(A) open with the qualification "Respond- ent No. I (Rajiv Gandhi) tried to make gift to the voters,"

ment. Further Rajiv Gandhi and Smt. Indira Gandhi and the workers of Rajiv Gandhi in all their speeches and particu- larly Smt. Indira Gandhi in her speech of 11.6.1981 said that for the development of Amethi Constituency they should vote for Rajiv Gandhi. On account of these speeches voters could not cast their vote impartially, instead they cast their vote in favour of Rajiv Gandhi. Since Rajiv Gandhi and Smt. Indira Gandhi both attended the meetings together voters got the impression that as Smt. Indira Gandhi was Prime Minister and her son Rajiv Gandhi was a candidate, there was bound to be development of Amethi area if Rajiv Gandhi was elected. These allegations merely amount to representation being made by Smt. Indira Gandhi and the returned candidate and his workers that if Rajiv Gandhi was elected the constituency would be developed. Such a state- ment of promise is a legitimate one and it does not fail within the definition of bribery or undue influence under Section 123(1)(A) or 123 (2) of the Act. A candidate, his workers and supporters have every right under the law to canvass for the success of a particular candidate saying that if elected he would work for the development of the constituency. Such a promise does not in any way interfere with the free exercise of electoral right of the electors. Smt. Indira Gandhi who was the leader of the party was entitled to ask the electors to vote for Rajiv Gandhi and the fact that she was the Prime Minister made no difference to her to make an appeal of that nature. There is no allega- tion that there was any element of bargaining or undue influence in making appeal to the voters for casting their vote in favour of Rajiv Gandhi. Section 123(2)(b) itself provides that a declaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere with the electoral right shall not be deemed to be interference with the exercise of elec- toral right.

have not been stated in the petition and for that reason also paragraphs 53(1)(B) and (C) were righlty struck off. Paragraph 53(1)(D) stated "the workers of Rajiv Gandhi with his consent on 14th June 1981 at about 2 p.m. tried to bring voters in truck for casting votes and dropped them back at their houses. The appellant noted the number of such truck which is mentioned in the paragraph. This truck had brought about 20-22 voters to the Junior High School Polling Centre of Amethi constituency and took them back without charging fare from them. The truck was used by Rajiv Gandhi and this amounted to corrupt practice. This paragraph con- tains substantially the same allegations as contained in paragraph 30 of the petition, it purports to convey that Rajiv Gandhi and with his consent his workers "tried to bring voters". In substance the allegation amounts to saying that Rajiv Gandhi and his workers made attempt to carry voters in a truck. He further alleged that they carried the voters. It appears that the appellant intended to lay charge of corrupt practice against Rajiv Gandhi under Section 123(5) of the Act for hiring or procuring of a truck for the use of same for free conveyance of electors to and from the polling station. The necessary particulars with regard to corrupt practice as contemplated by Section 123(5) are however, totally lacking. The petition does not contain any material facts with regard to hiring or procuring of the vehicle. Further there is no allegation as to when the vehicle was hired or procured, by whom, and at what place or that the said vehicle in furtherance of hiring or procuring was used for free conveyance of electors to and from polling station. The allegations made in paragraphs 30 and sub- paragraph (D) of paragraph 53(1) merely show that some voters were brought to the polling station Amethi in a truck without charging any fare from them and the truck was used by the workers of Rajiv Gandhi. Does this make out a corrupt practice under Section 123(5)? Section 123(5) reads as under: