Case Note & Summary
The appeal arose from an election petition challenging the election of Quamarul Islam, the returned candidate from 10 Gulbarga Assembly Constituency in the Karnataka Legislative Assembly elections held on 24 November 1989. Quamarul Islam contested as a candidate of the Muslim League and secured 55,801 votes, while the election petitioner S.K. Kanta, contesting on a Janta Dal ticket, secured 51,204 votes. Other candidates, including a Congress(I) candidate who got 12,675 votes, were also in the fray. S.K. Kanta filed an election petition alleging corrupt practices under Sections 123(2), 123(3), 123(3A), 123(4) and 123(7) of the Representation of People Act, 1951, as well as irregularities in counting and electoral rolls. The High Court of Karnataka, after recording evidence, found the appellant guilty of corrupt practices under Sections 123(2), (3), (3A) and (4) and declared the election void on 25 September 1992, awarding costs to the election petitioner. Other allegations were held not established. The unseated candidate appealed to the Supreme Court under Section 116A of the Act. The excerpt from the Supreme Court judgment details the allegations: the appellant, as General Secretary of the Karnataka Branch of the Indian Union Muslim League, allegedly caused publication of various messages in the Urdu newspaper Bahmani News appealing to Muslim unity and religious sentiments, including slogans like 'No Babari Masjid No Vote' and references to 'Sher-e-Karnataka'. These were allegedly issued by IUML and the Muslim Youth League, whose convenor Mohd. Moiuddin Pasha acted as the appellant's election agent. The petition also alleged use of a religious symbol 'Ershad-e-Nabhi' and a false statement about the petitioner refusing to sign passport forms for Muslims, which was said to be calculated to prejudice his election prospects. Additionally, the appellant was accused of making offensive speeches at Roza Market area and procuring the assistance of a returning officer. The excerpt ends before the Supreme Court's analysis and final decision, so the ultimate outcome of the appeal is not available in the provided text.
Headnote
A) Election Law - Corrupt Practices - Undue Influence - Representation of People Act, 1951, Section 123(2) - The election petitioner alleged that the appellant through publications in Bahmani News interfered with the free exercise of electoral rights by appealing to Muslim unity and religious sentiments. The High Court found the appellant committed corrupt practice under Section 123(2) and declared the election void. Held that such interference constituted undue influence vitiating the election (Paras 2-3). B) Election Law - Corrupt Practices - Appeal on Ground of Religion - Representation of People Act, 1951, Section 123(3) - The publications contained messages seeking votes on the ground of religion and community, including use of religious symbol 'Ershad-e-Nabhi'. The High Court held these appeals amounted to corrupt practice under Section 123(3) and set aside the election. Held that religious appeals to electorate are prohibited (Paras 2,4). C) Election Law - Corrupt Practices - Promotion of Enmity - Representation of People Act, 1951, Section 123(3A) - Allegations that the appellant through the same publications attempted to promote feelings of enmity and hatred between different classes of citizens on grounds of religion and community. The High Court found this corrupt practice established and declared the election void. Held that promoting enmity on religious grounds vitiates election (Paras 2,5). D) Election Law - Corrupt Practices - False Statement Relating to Personal Character - Representation of People Act, 1951, Section 123(4) - The appellant allegedly published a false statement that the election petitioner refused to sign passport forms for Muslims, attributing communal bias to him. The High Court found this false statement related to personal character and was calculated to prejudice the petitioner's election prospects, constituting corrupt practice. Held that publication of false statement about rival candidate's character is corrupt practice (Paras 2,6). E) Election Law - Corrupt Practices - Procuring Assistance of Government Servant - Representation of People Act, 1951, Section 123(7) - The election petitioner alleged that the appellant procured the assistance of the returning officer, a gazetted officer of the rank of Special Deputy Commissioner, for furtherance of his election prospects. The High Court did not find this allegation established as it was among other allegations held not proved. Held that no corrupt practice under Section 123(7) was established (Paras 2,6).
Issue of Consideration
Whether the High Court was justified in setting aside the election of the appellant on grounds of corrupt practices under Sections 123(2), 123(3), 123(3A), 123(4) and 123(7) of the Representation of People Act, 1951 based on the evidence on record.
Final Decision
Not mentioned in the provided excerpt. The High Court had declared the election void, but the Supreme Court's final decision on the appeal is not included in the text.
Law Points
- Corrupt practices under Representation of People Act
- 1951 include undue influence
- appeal on ground of religion
- promotion of enmity between classes
- publication of false statements relating to personal character
- and procuring assistance of government servants
- election of returned candidate may be declared void if corrupt practices are committed by candidate or his election agent with consent
- appeal under Section 116A lies to Supreme Court from order of High Court in election petition.
