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The respondent was elected as a Member of the Lok Sabha from the Amethi Constituency of Uttar Pradesh in the general elections held on 24th December, 1984 under Section 15 of the Act. Having secured the highest votes (3,65,041) the respondent was declared as elected on December 29, 1984. On 12th February, 1985, the last date from challenging the election the appellant (who claims to be a worker of the Rashtriya Sanjay Manch), an elector from the Amethi constituency, filed the election petition giving rise to the present appeal.

GROUND I :

Alleged corrupt practice as incorporated in Ground I reads thus :-

"The election of the respondent is liable to be set declared void because the respondent was guilty of the following corrupt practice as defined under Section 123(7) of the Representation of People Act, 1951, read with Section 100(1)(b) and 100(D)(ii) of the said Act, the said corrupt practice was committed with the consent of the respondent returned candidate and of other workers of his with his consent. In any event, it was committed by the respondent's agents in the interests of the returned candidate and the said corrupt practice has materially affected the result of the election in so far as it concerns the returned candidate. One M.H. Beg who at one time was the Chief Justice of the Supreme Court of India and is a close friend of the Nehru family and is personally known to and friendly with the respondent, appeared on the government controlled news media and made a speech praising the respondent and comparing his entry into politics as the birth of new Arjuna, the insinuation being that the opposition were the kauravas. His appearance on the television was relayed day after day on the government controlled media. Television sets had been installed in practically every election office of the respondent in Amethi constituency and throughout the election campaign thousands and thousands of voters were exposed to the television appearance and speech of the said Mr. Beg. Mr. Beg is a gazetted officer, being the Chairman of the Minorities Commission. His services were procured and obtained by the respondent, his agents and other persons with the consent of the respondent with a view to assist the furtherance of the prospects of the respondent's election. Mr. Beg was seen and heard on the television as later as 21st December, 1984. Propaganda about Mr. Beg's was done particularly amongst the members of the Muslim community. Apart from being gross misuse of the office of Chairman of the Minorities Commission, the same constitutes a gross corrupt practice under the election law."

GROUND XIV :

Alleged corrupt practice as incorporated in ground No. XIV reads thus :-

"That during the same campaign in the Amethi constituency, another booklet in Hindi with the photograph of the respondent on the cover page under the title "Rajiv Kyon" (Why Rajiv) purporting to be written by one Jagdish Pyush, was distributed in lacs by the respondent, his election agent and a large number of other persons with the consent of the respondent and/or his election agent. On the third page of the said pamphlet occurs the following sentences : "Amethi is the place where Rajiv's younger brother did his principal work. If Maneka was in sympathy with the desires of the late Sanjay Gandhi why would she not run an orphanage in Amethi. Why would she not serve the helpless poor and why would she not employ her vast assets (Arbon Ki Sampati) (of hundres of crores) in some constructive work..... The same conspiratorials and mischievous elements who had painted the hands of Sanjay Gandhi and Maneka yellow and the same foreign powers, disruptionists and enemies of the country who got Maneka out of her family home, are now wanting to make a Razia Sultan or Noor Jahan and seeing her in those roles. These people (obviously including the petitioner) not merely desired the partition of Smt. Gandhi's family, not only the partition of Amethi and Rai Bareilly, but also partition of the people and partition of the country. The very people who want another Pakistan in India, who want Khalistan are the very persons who are tinkering with the progress of Amethi and cannot permit the widow of Sanjay Gandhi to be in the company of the country's loafers, because no family of India can permit its daughters or daughters-in-law and the widow of its loved one to go about behaving like a vagabond. She is in acute distress about her late husband's property. She is conducting her politics in his name. She is abusing her monther-in-law and her brother-in-law. Having kicked her family, she is now doing her dirty deeds (Gulchhade Uda Rahai Hai) in a house which costs Rs. 80,000 annual rent...... Social reformers had not advocated the pursuit of ambitions by widows and in the same vein, the pamphlet proceeds to state in other context thereafter that the petitioner moved about in the company of traitors. She has exploited the person of her innocent child for political purpose. For power and pleasure, Maneka can do anything. The petitioner says that the entire trend of this pamphlet and the propaganda conducted on the basis thereof casts serious aspersions on the personal character of the candidate of his party. It accuses her of being possessed of corrupt wealth, disregard of her husband's wishes, breaking of family ties for political ambitions not conforming to the standard of conduct expected of a widow, keeping company with questionable characters capable of any immoral action for pleasure of the body and even exploiting her innocent child for her own advancement. All these aspersions were extensively published with the knowledge and consent of the respondent, as well as, with the knowledge and consent of his election agent and by other persons with the consent of the respondent and/or his election agent. The publisher of this pamphlet is an important political worker of the Respondent. He is a member of his party and campaign extensively for the respondent and his company. The publication, printing and circulation thereof and the propaganda based thereon was in any event, done by the agents of the respondents and in the interest of the election of the respondent. Each of these statements is false. The respondent and others who made or repeated the same, believed them to be false. At any rate, they did not believe them to be true. These statements are in relation to the personal character or conduct of the candidate and they are in relation to her candidature. These statements were reasonably calculated to prejudice the prospects of her election. The election of the respondent is thus liable to be declared void under section 100(1)(b). This was also liable to be set aside under section 100(1)(d)(ii), inasmuch as the result of the election in so far as it concerned the returned candidate has been materially affected by this gross corrupt practice. A copy of the booklet Rajiv Kyon will be filed as Ex. 'Q'."

The pleading therefore does not spell out the cause of action. So also on account of the failure to mention the material facts, the Courts could not have permitted the election petitioner to adduce evidence on this point. It would therefore attract the doctrine laid down in Nihal Singh's case and then would be nothing for the respondent to answer.

Ground No. XV:

Alleged corrupt practice as incorporated in ground No. XV reads as under :_ "That during the course of the campaign, the respondent, his election agent and his party brought into existence a propaganda committee to further the prospects of the respondent's election. This committee was called the "Amethi Matdata Parishad". Through the agency of this Committee, the respondent, his election agent and others with their consent and knowledge caused another pamphlet to be printed, published and circulated during the entire election campaign under the title "How do Intelligent people think? who is an obstacle in the progress of Amethi". The said pamphlet inter alia, contains the following statements :-