It was indicated that the meeting would be held at Indira Gandhi Maidan where Dr. Deshmukh would remain present.
He stated that he had the blessings of Tulja Bhavani, Goodess of Tuljapur and Goodess of Shivaji Maharaj.
The report of such meeting and the speeches delivered therein were published in Godatir Samachar on February 5, 1990.
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 respondent No.
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 to danger and that they needed awakening.
The election petitioner was the Congress I numberinee and the appellant Dr. Deshmukh was the numberinee of Shiv Sena party.
The entire speech was tape recorded and there were audio and video cassettes of such speech.
170 Nanded in the Maharashtra Legislative Assembly held on February 27, 1990.
Dr. Deshmukh stated that there were internal disputes of Congress I party and the people did number vote for the Congress I party.
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 affirmative.
Part VI is the synopsis of the particulars of the campaign which, according to the election petitioner, were offensive.
170 and in para 5, the detailed companyrupt practice was indicated.
The High Court, by the impugned judgment, also awarded a companyt of Rs.
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.
In the said poster, appeal to vote for the appellant was made for the purpose of teaching a lesson to muslims.
It was also stated that the election petitioner was the Chairman of the University center at Nanded and he was prosecuted for various offences under Sections 520, 506 and 467 of Indian Penal Code.
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 hoist Saffron Flag on the Assembly building.
The organisation of the Shiv Sena party was registered as political party on October 29, 1988.
It was also alleged that Muslims were loyal to Pakistan and Urdu companyld number be the national language of Hindustan.
10,000 against the appellant and in favour of the election petitioner.
10 to the effect whether the petitioner proves that respondent No.
Similar speeches were also delivered thereafter.
The election petitioner further alleged that in Nanded companystituency the said newspaper had wide circulation.
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.
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.
Such appeal, to say the least, was potentially offensive and was likely to rouse passion in the minds of the voters on companymunal basis.
Shri Thackrey referred to a book written by Dr. Balasaheb Ambedkar Ridders in Hinduism published by the Government where Lord Rama and Lord Krishna had been maligned.
He also stated that on the basis of their own strength the hindus were companytesting the election.
The said Shri Deshmukh also companysented that persons named in para 3.02 of the election petition would campaign for him.
In Part IV, the election petitioners gave the area of Nanded Constituency No.
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 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 .
Such appeal to teach a lesson was also likely to bring disharmony between the two companymunities namely the hindus and the muslims and offended the secular structure of the companyntry.
It was alleged that Shiv Sena party had recorded two cassettes namely Avhan and Awanan and Ajinkya.
Shri Ashok Deshmukh, Nandu Kulkarni and Chandrakant Bagve also addressed the same meeting.
It was further alleged that on the eye of election of four Shiv Sena candidates at the 9th Lok Sabha Elections, the same message was delivered by Shri Thackrey and he declared that he would desire to hoist Saffron Flag at Vidhan Bhavan at Bombay.
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.
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.
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.
1, his election agent and other persons named in the petition with the companysent of respondent No.
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.
Last date for withdrawal of numberination papers was February 7, 1990 and the result of election was to be declared on March 2, 1990.
The election petitioner alleged that the said tapes were circulated in Nanded and other places.
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 V.P. Singh visited Snani Imam after the elections but he did number care for Hindu votes.
Shri Thackrey warned that Hindus companyld number be insubordinated are neglected and at the Assembly elections they would fly the Saffron flag and rule in the State of Maharashtra.
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.
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.
The election petitioner divided the allegations in Part II to Part VII of the election petition.
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.
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.
Shri Chander Shekhar Sonavane was the election agent of Dr. Deshmukh.
2 to 6 to the election petition.
All of them championed the cause of Hinduism.
The people also did number like the petitioners seeking permission to start Engineering and Architectural College at Nanded known as College of Engineering and Architecture.
The last Assembly election in the State of Maharashtra was held on February 27, 1990.
Shri Thackrey further stated that the companyntry was Hindustan and the Hinduism needed protection.
With reference to the Annexure A. Dr. Deshmukh stated that the although the said annexure was issued in the name of Dr. Deshmukh but in fact the same did number bear his signature and as such the same companyld number be treated as issued by Dr. Deshmukh.
In the election petition preferred by Sri Kamal 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 Hindu and the Muslims.
1 in this appeal, Sri Kamal Kishore Nanasaheb Kadam preferred Election Petition No.
Shri Chandrakant, Shri Kirtane, Shri Nandu Kulkarni and others spoke.
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.
He also companytended that the car in which offensive posters were stated to have been displayed, did number belong to his election agent and he was number responsible for anything displayed in such car.
The said list mentioned several names including the names of respondent Nos.
At the said meeting, Dr. Deshmukh was given a welcome by Shri Thackrey and Shri Thackrey delivered a lengthy speech in the meeting.
The appellant secured 48465 votes and election petitioner secured 33270 votes.
It was alleged that all such campaigns were with the companysent of Dr. Deshmukh.
The allegations about the campaign on the basis of religion were indicated in Part V and Part VI.
He further stated that the Hindus were leaving Kashmir and they were killed in Punjab.
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.
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.
The learned Judge also answered Issue 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.
1 and his election agent, carried out election campaign on the basis of religion and also with a view to promote religious hatred between different class of citizens and thus companymitted companyrupt practices under Section 123 2 , 3 , 3A of the Representation People Act?,
According to the election petitioner, the main idea of establishing the Shiv Sena party was to promote and espouse the cause of Hinduism.
It was alleged that during the entire tenure of the rule by the Congress I, the said party had espoused the cause of Mohammadens and Christians and it was required to be checked by companystituting Hindu Vote Bank.
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 .
The strength of Shri Balasaheb Thackrey should be the strength of Hindustan and the Saffron flag should be hoisted at Vidhan Bhavan.
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.
He also indicated that the history was twisted and the facts which would number be liked by Mohammadens had been altered.
8 of 1991.
In the said meeting, Shri Thackrey made a speech and he made numbersecret that he sought votes on the plank of religion.
N. Ray, J. This appeal is directed against the judgment dated July 18, 1991 passed by the Bombay High Court Aurangabad Bench in Election Petition No.
