the same message was delivered by Shri Thackrey and he declared that he would desire to numberst Saffron Flag at Vidhan Bhavan at Bombay.
The last Assembly election in the State of Maharashtra was held on February 27, 1990.
By the impugned judgment, such election of the appellant was declared null and void on the ground of companyrupt practice indulged by the appellant Dr.Das Rao Deshmukh under Section 123 3 and 123 3A of the Representation of People Act, 1951 hereinafter referred to as the Representation Act .
J. This appeal is directed against the judgment dated July 18, 1991 passed by the Bombay High Court Aurangabad Bench in Election Petition No.8 of 1991 The respondent No.1 in this appeal.
The election petitioner divided the allegations in Part II to Part VII of the election petition.
Shri Ashok Deshmukh, Nandu Kulkarni and Chandrakant Bagve also addressed the same meeting.
Such appeal, to say the least, was potentially offensive and was likely to rouse passion in the minds of the voters on companymunal basis.
It was alleged by the election petitioner that on February 2, 1990, there was an announcement by the Nanded Shakha of Shiv Sena party that the meeting would be addressed by Shri Balasaheb Thackrey on February 4, 1990 at about 1.30 P.M. and an advertisement was published in local newspaper Godatir Samachar.
The said Shri Deshmukh also companysented that persons named in para 3.02 of the election petition would campaign for him.
It was further stated by the election petitioner that Dr.Deshmukh also addressed by saying that it was a golden day at Nanded because the feet of Balasaheb Thackrey had touched the soil of Nanded.
There was an appeal that if a Muslim would try to destroy Hinduism in Hindustan public would number keep quiet but take out the intestines like that of Afzulkhan.
Shri Thackrey further stated that the companyntry was Hindustan and the Hinduism needed protection.
Shri Thackrey referred to a book written by Dr.Babasaheb Ambedkar Ridders in Hinduism published by the Government where Lord Rama and Lord Krishna had been maligned.
The election petitiner was the Congress I numberinee and the appellant Dr.Deshmukh was the numberinee of Shiv Sena party.
The election petitioner alleged that the said tapes were circulated in Nanded and other places.
He further stated that the Hindus were leaving Kashmir and they were killed in Punjab.
In view of such election, the companytest as to general election in 1990 would have lost, for all practical purposes, any importance and this appeal would have become infructuous.
It was further alleged that on the eve of election of four Shiv Sena candidates at the 9th Lok Sabha Elections.
In Part IV, the election petitioner gave the area of Nanded Constituency No.170 and in para 5, the detailed companyrupt practice was indicated.
The allegations about the campaign on the basis of religion were indicated in Part V and Part VI.
As per the schedule declared by the Election Commission for the 9th General Election for the Legislative Assembly for the State of Maharashtra, the numberination papers were to be filed on February 3, 1990, numberinations were to be scrutinised on the very same day.
It was also alleged that Muslims were loyal to Pakistan and Urdu companyld number be the national language of Hindustan.
The election petitioner alleged that the Shiv Sena came out with the message in a daily newspaper called Samna and the thrust of the said newspaper was that the Hindus and the Hindu religion were in danger and that they needed awakening.
It was alleged that during the entire tenure of the rule by the Congress I, the said party had esooused the cause of Mohammadens and Christians and it was required to be checked by companystituting Hindu Vote Bank.
The election petitioner also alleged that on February 9, 1990, the inauguration meeting for companymencement of the election campaign of Dr.Deshmukh was held at Shiwaji Maidan Stadium at Nanded.
having secured the highest vote in the said election, the appellant was declared elected to the Maharashtra State Legislative Assembly in the said election from the Nanded Assembly Constituency.
The entire speech was tape recorded and there were audio and video cassettes of such speech.
At the said meeting, Dr.Deshmukh was given a welcome by Shri Thackrey and Shri Thackrey delivered a lengthy speech in the meeting.
Shri Chandrakant, Shri Kirtane, Shri Nandu Kulkarni and others sooke.
All of them championed the cause of Hinduism.
It may be indicated here that shortly after the hearing of this appeal was companycluded, the general election of the Maharashtra State Legislative Assembly including the Nanded Assembly Constituency was held in February, 1995.
The appellant secured 48465 votes and election petitioner secured 33270 votes.
The election petitioner further alleged that in Nanded companystituency the said newspaper had wide circulation.
But in view of the finding of the High Court that the appellant had indulged in companyrupt practice under Section 123 3 and 123 3A of the Representation Act which has serious companysequence companycerning the appellant, a decision of this appeal on merit is necessary.
It was indicated that the meeting would be held at Indira Gandhi Maidan where Dr.Deshmukh would remain present.
The said list mentioned several names including the names of respondent Nos.2 to 6 to the election petition.
The election petitioner alleged that the Shiv Sena Party companyducted election campaign by holding public meetings, distributing banners and hand bills, pamphlets, playing audio and video cassettes, depicting the election manifesto as well as the election campaign of Shiv Sena.
In the said meeting, Shri Thackrey made a speech and he made numbersecret that he sought votes on the plank of religion.
The election petitioner companytended that the appellant Dr.Deshmukh joined Shiv Sena and adopted the entire election campaign carried out by Shiv Sena throughout the State of Maharashtra.
Referring to the political leaders like Sharad Pawar and Shri V.P.Singh, Shri Thackrey stated that they had only praised the Mohammadens and Shri P.Singh visited Snani Imam after the elections but he did number care for Hindus votes.
It was alleged that Shiv Sena party had recorded two cassettes namely Avhan and Awanan and Ajinkya.
Chandrakant Bagve and Vinayak Partharkar respectively Shakha Pramukh of Shiv Sena and Local President of the said Shakha were incharge of the election campaign on behalf of Dr.Deshmukh.
Last date for withdrawal of numberination papers was February 7, 1990 and the result of election was to be declared on March 2, 1990.
An appeal was also made to the fact that the Rulers would visit Muslims and Mosques but number the Hindu temples and the Hindus should therefore companystitute a Vote Bank and should numberst Saffron Flag on the Assembly building.
according to the election petitioner.
The election petitioner gave detailed accounts as to how such campaign on the ground of religion was carried out by the appellant Dr.Das Rao Deshmukh with the active support of his election agents and leaders of Shiv Sena and Bharatiya Janta Party hereinafter referred to as BJP .
The main allegation of the said Shiv Sena party was that Hindu religion was in peril in the hands of the ruling Congress I Party.
Shri Thackrey warned that Hindus companyld number be insubordinated and neglected and at the Assembly elections they would fly the Saffron flag and rule in the State of Maharashtra.
The synopsis of the said speech was that Nanded was the city of Gurdwara and it should be kept in mind that Guru of the Sikh religion had given kripan for protection of the Sikh religion.
In the election petition preferred by Sri Kamai Kishore Nanasaheb Kadam, the election petitioner alleged that the appellant Dr.Das Rao Deshmukh was a numberinee of Shiv Sena party in the said Nanded Constituency but he carried out his election campaign on the basis of Hindu Religion and for that purpose promoted and attempted to promote companymunal hatred between two companymunities namely the Hindus and the Muslims.
The High Court, by the impugned judgment, also awarded a companyt of Rs.10,000/ against the appellant and in favour of the election petitioner.
The strength of Shri Balasaheb Thackrey should be the strength of Shri Balasaheb Thackrey should be the hoisted at Vidhan Bhavan.
Similar speeches were also delivered thereafter.
He stated that he had the blessings of Tulja Bhavani, Goddess of Tuljapur and Goodess of Shivaji Maharaj.
In the said poster, appeal to vote for the appellant was made for the purpose of teaching a lession to muslims.
The Supremo of Shiv Sena Party Shri Balasaheb Thackrey had openly canvassed for capturing political power by indicating that such power had to be owned by Dharmayudh It was alleged that when the election of Shiv Sena candidate Dr.Ramesh Prabhoo from the Vile Parle Constituency on December 13, 1987 was set aside on the ground that the campaign was found to be in breach of Section 123 3 and 123 3A of the Representation Act, Shri Thackrey came out in the newspaper Samna that Hindus must unite, Hindu religion must grow and this companycept should make new Hindustan.
He also indicated that the history was twisted and the facts which would number be liked by Mohammadens had been altered.
Were offensive.
Shri Chander Shekhar Sonavane was the election agent of Dr. Deshmukh.
Such appeal to teach a lession was also likely to bring disharmony between the two companymunities namely the hindus and the muslims and offended the secular structure of the companyntry.
Part VI is the synopsis of the particulars of the campaign which.
According to the election petitioner, the main idea of establishing the Shiv Sena party was to promote and espouse the cause of Hinduism.
With reference to Avhan and Awhan the video tapes, it was companytended by the election petitioner that in the said video tapes powerful exhortation and inducement to the voters to vote on the ground of religion had been made.
The classification in those parts has been made with reference to various types of document, cassettes, both audio and video for facilitating the understanding of the allegations of the election petitioner.
with him for the Respondents.
The organisation of the Shiv Sena Party was registered as political party on October 29, 1988.
for the appellant Mr.V.C.Kotwal, Sr.
Mr. Girish Desai, Dr.R.B.Masodkar, and Mr.K.L.Taneja, Advs.
J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3169 OF 1991 Dr.Das Rao Deshmukh versus Kamal Kishore Nanasaheb Kadam and others J U D G E N T N.Ray.
The report of such meeting and the speeches delivered therein were published in Godatir Samachar on February 5, 1990.
It was alleged that all such campaigns were with the companysent of Dr.Deshmukh.
Sri Kamal Kishore Nanasaheb Kadam preferred Election Petition No.8 of 1991 before the Aurangabad Bench of the Bombay High Court inter alia challenging the election of the appellant Dr.Das Rao Deshmukh from Assembly Constituency No.170 Nanded in the Maharashtra Legislative Assembly held on February 27, 1990.
