J. P. Goyal, K. N. Tripathi, R. C. Srivastava, .S. S. Khanduja, and R. A. Gupta, for the appellant in both the appeals C, K. Daphtary, S. C. Khare, Yogeshwar Prasad, S. K. Bagga and S.Bagga, for respondent No.
1 in both the appeals .
The Judgment of the Court was delivered by Hegde, J. These.
appeals by special leave arise from the election petition filed by be, appellant challenging the validity, of the election of respondent No.
109 of 1972 arises from the order rejecting the application seeking permission to amend the election petition.
1 who will hereinafter be referred to as the respondent to the Lok Sabha from Rae Bareilly companysti tuency, in the General Election to the Lok Sabha held in March.
Sub inspector, Police Security Lines, Lytton Road, New Delhi.
Shri Gulab Singh, B.A.B.Ed.,
The entire argument before the trial judge proceeded on the basis that the, facts stated in the petition did number disclose the companyrupt practices which were the subject matter of Issues 1 to 3.
Raghbir Singh, M.A., B.T., Bahadurgarh.The offer and payment of the amount of Rs.
A 112 and A 141 in Election Petition No.
After the pleadings of the parties were companypleted and the issues framed, the appellant applied to the companyrt under Order Xi of The Civil Procedure, Code for leave to deliver interrogatories in writing for the examination of the respondent.
4 .Ch.
2 Swami Advaitanand to also stand as a candidate in the election.
The respondent objected to the same on the ground that the provisions of 0.
The affidavit in reply shall be filed by 4 10 1971.
High School Jharsa Gurgaon .
Mukhtiar Singh, Inspector of Police, Delhi Ch.
The appellant objected to each one of them.
In her objection statement, the respondent reserved her right to object to the interrogatories sought to be served at a later stage.
P.C. cannot be applied to election petitions.
2 Swami Advaitanand as a gift with the object of directly including him to stand as a candidate at the said Selection.
50,000/ to the respondent No.
Appeals by special leave from the orders dated November 27.
1 Shrimati Indira Nehru Gandhi.
The said Shri Yashpal Kapur, the election agent of Shrimati Indira Nehru Gandhi offered and paid a sum of Rs.
The application filed by the appellant for leave to serve interrogatories on the respondent was heard by Broome J. The learned Judge by his order dated September 14, 1971 overruled the objections of the respondent and directed as follows Accordingly I allow the application A 29 and grant leave to the petitioner to deliver the accompanying interrogatories for the examination of respondent No.
The learned judge accepted that companytention and set aside some of the interrogatories served on the respondent.
5 of 1971, respectively.
1, Shrimati Indira Nehru Gandhi was being supported by the Muslim Majlis, Muslim League and the Communist Party of India it was apprehended by Shrimati lndira Nehru Gandhi and her election agent Shri Yashpal Kapur that an overwhelming majority of Hindu voters migh cast their votes for the petitioner against Shrimati Indira Nehru Gandhi.
The learned judge rejected that application on the sole ,round that by the amendment in question, the appellant was seeking to add to material facts and hence, they cannot be accepted after the period of limitation for filing the, election, petition.
The respondent appealed against that order to this Court after obtaining special leave.
Consequently the interro gatories served were irrelevant as well as unnecessary.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
That appeal was withdrawn during the companyrse of the hearing.
the companynting and the declaration of the result of the election.
1 is liable to be declared void on the ground of the companymission of this companyrupt practice under section 100 1 b of the Representation of Peoples Act, 1951.
1971 and December 22, 1971 of, the Allahabad High Court it,.
Proceeding further, he struck out Issues 1 to 3.
108 and 109 of 1972.
The election of the respondent No.
Civil Appeal, No.
It was accordingly decided by them to induce the respondent No.
The respondent No.
50,000/ was made by the said Shri Yashpal Kapur to Swami Advaitanand on the 28th January 1971 in the town of Rae Barlow.
As many as 31 interrogatories had been served on the respondent.
1 Shrimati Indira Nehru .Gandhi obtained and procured ,the assistance of the said Shri Yashpal Kapur for the furtherance of the prospects of her election from the 8 L1061Sup.
During the pendency of that appeal, the respondent filed an application before the High Court under rule 7, Order Xi.
C.P.C. praying that the interrogatories served on her may be set aside as they were unreasonable, vexatious, oppressive, unnecessary and irrelevant.
Applications Nos.
Cl/73 companystituency aforesaid inasmuch as the said Shri Yashpal Kapur was a gazetted officer in the service of the Government of India when his assistance was obtained and procured a companyrupt practice under section 123 7 of the R.P. Act, 1951 was companymitted by the respondent No.
V.Gupte,.
Bhim Singh, Asstt.
That as the petitions candidature was being supported number only by Samyukta Socialist Party to which the petitioner belonged but also by the Jan Sangh, the Indian National Congress Organization , Bhartiya Kranti Dal and the Swatantra Parties and since the candidature of respondent No.
Chhatar Singh, M.A.B.T., Teacher, V. P.O. Bharai via Bahadurgarh, District Rohtak.
All these interrogatories related to Issues 1 to 3.
108 of 1972 is directed against the order setting aside the interrogatories served .and the striking out of Issues 1 to 3 and Civil Appeal No.
Thereafter the appellant applied to that companyrt for amendment of paragraphs 2 and 5 of the election petition by giving better particulars.
At the hearing of that petition, it appears it was companytended on behalf, of the respondent that the allegations in the election petition did number afford any basis for Issues 1 to 3.
The said Shri Yashpal Kapur on the directions of Shrimati Indira Nehru Gandhi organised the electioneering work for her in the companystituency as her election agent during the entire period from even before the tiling of the numberination paper the filing ?
