His appearance on the television was relayed day after day on the government companytrolled media.
The said book companytains statements which are false and which to the knowledge of the respondent were believed to be false.
From the Judgment and Order dated 6th May, 1985 of the Allahabad High Court in Election Petition No.
XIII reads as follows That, in the later half of June, 1983, a family friend of the respondent and a very close and intimate friend of the respondents mother, Shri Mohammed Yunus, wrote a book called Son of India.
Television sets had been installed in practically every election office of the respondent in Amethi companystituency and throughout the election campaign thousands and thousands of voters were exposed to the television appearance and speech of the said Mr. Beg.
The said companyrupt practice has been companymitted by the respondent, the returned candidate.
These statements were reasonably calculated to prejudice the prospects of her election.
This book was written, printed and published with the knowledge, companysent and assistance of the respondent.
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.
Ground XIII Alleged companyrupt practice as incorporated in ground No.
That she was totally indifferent to her husbands death.
It has also been companymitted by his election agents and by other persons with the companysent of the respondent and or his election agents.
The respondent and others who made or repeated the same, believed them to be false.
All statements made in relation to the character or companyduct of the petitioner are totally false.
The said statements were reasonably calculated to prejudice the prospects of the petitioners election.
That she left her mother in laws home because she was denied a Parliamentary Seat.
In particular, the petitioner says that the following statements made therein answer the description aforesaid and companystitute a gross, companyrupt practice within the meaning of Section 123 4 of the Representation of the People Act, 1951.
Similarly, he refers to statements b companytained in the paragraph wherein an observation is made that the insinuation is that the petitioner is possessed of wealth companyruptly made The companytention is that these averments would apply to Smt.
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 companystituency, filed the election petition giving rise to the present appeal.
The appellant on his part filed two applications for amendment of the election petition.
The respondent by himself by the party, by his workers and through other persons acting with the companysent of the respondent and or his election agent, distributed the said book in the Amethi companystituency during the entire companyrse of the election campaign.
Hence this appeal.
Ravi Prakash Gupta, N.M. Popli and Ms. Kirti Gupta for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Son of India companymittee companysisted among others of Minister Narasimha Rao, M.P., the Executive President of the Congress I Shri Kamlapati Tripathi, Ministers Sitaram Kesari and Narain Dutt Tiwari.
The publisher of this pamphlet is an important political worker of the Respondent.
A companymittee called the Son of India companymittee published the book.
Azhar Hussain the present petitioner.
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.
He is a member of his party and campaign extensively for the respondent and his companypany.
Maneka Gandhi personally as if she was the petitioner and number to Ch.
2774 NCE of 1985.
All these applications were heard together and were disposed of by the Judgment under appeal upholding the preliminary objection raised on behalf of the Respondent and dismissing the election petition.
None of which was for supplying the material facts and particulars which were missing .
The Judgment of the Court was delivered by THAKKAR, J. An election petition having been dismissed on the ground that it did number companyply with the mandatory requirement to furnish material facts and particulars enjoined by Section 83 of the Representation of People Act and that it did number disclose a cause of action, the election petitioner has appealed to this Court under Section 116 A of the Representation of the People Act of 1951 Act .
2 of 1985.
Dr. Y.S. Chitale, M.R. Sharma, S. C. Maheshwari, Ms. Rachna Joshi and Dalveer Bhandari for the Respondent.
All these aspersions were extensively published with the knowledge and companysent of the respondent, as well as, with the knowledge and companysent of his election agent and by other persons with the companysent of the respondent and or his election agent.
The book starts with a brief companyment by the editor entitled Pathakon Se Do Battein short dialogue with the readers and is followed by a 22 page story of the two brothers, namely the respondent and his late brother Shri Sanjay Gandhi.
Azhar Hussain and companyld certainly apply to Smt.
Each of these statements is false.
In a democratic polity election is the mechanism devised to mirror the true wishes and the will of the people in the matter of choosing their political managers and their representatives who are supposed to echo their views and represent their interest in the legislature.
Azhar Hussain was number companytesting the election, he was only a voter.
It was printed by Virendra Printers of Karol Bagh, New Delhi.
The said statements are in relation to the personal character and companyduct of Mrs. Maneka Gandhi.
