2000 (1) TMI 1022 - SC - Indian Laws

Summary

Issues Involved:
1. Maintainability of the election petition.
2. Allegations of corrupt practices by the respondent and his agents.
3. Allegations of corrupt practices by election officials acting as agents of the respondent.
4. Declaration of the election as void.
5. Alleged bias of the Returning Officer.
6. Declaration of the petitioner as duly elected.
7. Request for recounting of votes.
8. Reliefs sought by the election petitioner.

Issue-wise Detailed Analysis:

Issue 1: Maintainability of the Election Petition
The High Court found the election petition to be maintainable.

Issue 2: Allegations of Corrupt Practices by the Respondent and His Agents
The High Court concluded that the respondent, his election agent, and other agents were guilty of corrupt practices as alleged in the petition. The corrupt practices were defined under Sections 123(2), 123(4), and 123(7) of the Representation of the People Act, 1951 (RPA). The judgment noted that the political machinery of CPI(M) actively engaged itself to ensure the respondent's win by committing several corrupt practices.

Issue 3: Allegations of Corrupt Practices by Election Officials Acting as Agents of the Respondent
The High Court found that the respondent, the Returning Officer, the Assistant Returning Officer, the Counting Supervisor, and the Counting Assistant acted as agents of the respondent and resorted to corrupt practices. The court observed that the CPI(M) workers and leaders, acting as agents of the respondent, committed these corrupt practices, making the respondent vicariously liable.

Issue 4: Declaration of the Election as Void
The High Court declared the election of the respondent from the 216-Sabang Legislative Assembly Constituency void due to the proven corrupt practices. However, the court did not declare the petitioner as elected or order a recount of votes.

Issue 5: Alleged Bias of the Returning Officer
The High Court did not specifically address this issue in detail in the judgment, focusing instead on the broader allegations of corrupt practices.

Issue 6: Declaration of the Petitioner as Duly Elected
The High Court declined to declare the petitioner as duly elected, stating that the election was vitiated by corrupt practices, and thus, there was no question of recounting or declaring the petitioner as elected.

Issue 7: Request for Recounting of Votes
The High Court did not find it necessary to order a recount of votes due to the election being declared void because of corrupt practices.

Issue 8: Reliefs Sought by the Election Petitioner
The High Court's primary relief was to declare the election void. No other specific reliefs were granted, such as declaring the petitioner as elected or ordering a recount.

Additional Findings and Procedural Concerns:
The Supreme Court noted that the High Court failed to comply with Section 99 of the RPA, which mandates issuing notices to persons found guilty of corrupt practices and giving them an opportunity to be heard. This non-compliance vitiated the High Court's judgment, necessitating a remand for fresh consideration.

The Supreme Court emphasized the importance of proper issue framing and efficient evidence recording. It criticized the High Court for framing sweeping issues and recording witness statements in a question-answer format, leading to unnecessary length and confusion. The Supreme Court suggested that evidence should be recorded in narrative form and that the trial judge should actively control the proceedings to ensure relevance and efficiency.

Conclusion:
The Supreme Court set aside the High Court's judgment and remanded the case for fresh consideration, directing the High Court to comply with Section 99 of the RPA. The appeal was allowed, and no costs were awarded. The Supreme Court also highlighted procedural improvements for future trials to ensure expeditious and just resolution of election petitions.