Election Law Notes- Religion Based Politics and other Election Disputes

Religion based political parties

Kultar Singh v. Mukhtar Singh- AIR 1965 SC 141- Observations of the Supreme Court-

1.      The appellant was adopted as its candidate by the Akali Dal. This party is a recognized political party notwithstanding the fact that all its members are only Sikhs.

2.      It is well known that there are various parties which subscribe to different political and economic ideologies but the membership of them are either confined to or predominantly held by members by particular communities or religions so long as law does not prohibit formation of such parties and in fact recognizes them for the purpose of election and parliamentary life. It would be necessary to remember that an appeal made by a candidate of such parties for votes if successful lead to their elections and in an indirect way may conceivably be influenced by considerations of religion, race, caste, community or language.

3.      This infirmity cannot be avoided so long as parties are allowed to function and are recognized though there composition may be predominantly based on membership of particular communities or religion.

Manohar Joshi v. N.B. Patil- SC said that the word Hindutva by itself does not invariably mean Hindu religion. It is the context and the manner of its use which is material for deciding the meaning of hindutva in a particular case. A mere statement that first hindu state will be established in Maharashtra is not an appeal for votes on the ground of his religion but the expression of such a hoe.

N.Ramalingam v. M.Karunanidhi- 49 ELR 399- The petitioner alleged that the respondent spoke that he belongs to an inferior caste and higher caste people are interested in defeating him. The Madras HC reflects the identity of the candidate of the voter about his community and is not sufficient to establish or appeal on the ground of his caste or community. Introducing voters about the caste or community is not a corrupt practice. It appears that an appeal to vote on the ground of caste or community depends on the motive or the intention of the maker so as to cover it as a corrupt practice under Section 123(3).

Use of religious and national symbols-

Indira Gandhi v. Raj Narain- Symbol Cow and Calf. SC rejected the contention and observed that the best class of the evidence as to what is and what is not as to be reasonably regarded as symbol according to custom and outlook of the people of the country consist of contemporaneous decision of the courts. It is useless to quote passages from ancient texts about cow and support of use of cow as a religious symbol. The use of the picture of excellent and useful picture of animal is used so frequently today for other purposes that for representation, a cow and a calf, expect something special or have religious significance. 

Jagdev Singh v. Pratap Singh- AIR 1965 SC 183- There was an election to Lok Sabha from Jhajjar Constituency. The returned candidate Jagdev Singh used Om flag which was a religious symbol to appeal to hindu voters. Court referred to the Sanskrit English dictionary and noted that om is a sacred exclamation which may be uttered and end of the reading of the vedas or previous to any prayer. It is also regarded as particle of auspicious recitation but it is difficult to regard om which is preliminary to an incarnation or to religious books as having religious significance. Om may be regarded as having high spiritual or mystical efficacy. It is used at the commencement of recitation of religious prayers but the attribute of religious significance will not necessarily impart to its use on a flag, the character of a religious symbol in the context in which the expression religious symbol occurs in the section with which we are concerned. A symbol stands for and represents something material or abstract. In order to be a religious symbol, there must be a visible thing or a concept which is religious.

Mohd. Yusuf v. Bhairon Singh Shekhawat- The Rajasthan High court said that in election speeches reference to ram, Krishna, laxmi etc or associating lotus with laxmi in election symbol does not per se amount to use of religious symbol or appeal on the ground of religion. Publication of Diwali greeting of goddess laxmi which was sent by a candidate to a voter was not treated as an election symbol.

Section 123 (3A)

Ibrahim Suleman v. M.C. Mohammad- Question was whether a political party could be treated as a class of citizen as contemplated by Section 123 (3A) since; communal political parties are allowed to function.
The candidate gave provocative speech and Kerala HC held it had a communal tone. But the SC said that even though it had communal tone, but communal parties are allowed to function in the politics.

Dr. Das Rao Deshmukh v. Kamal Kishore Nana Sahib- The appellant was a nominee of the Shiv Sena party and was the returned candidate to Maharasthra Legislative assembly. Respondent filed Election petition on ground of religion and promoting of enmity between different classes. It was based on a poster with the permission of candidate to teach Muslim a lesson.

The speeches of Shiv sena also had communal overloads. Both the HC and SC were of the view that the publication of the poster which had an appeal to vote and it should attract both 123(3) and 123(3A).

Section 123(4) - Publication of false statement

1.      Publication of any statement of fact by a candidate or his agent or by any other person with the consent of that candidate or his agent.

2.      The statement of fact is false and the candidate believes it to be false or does not believe it to be true.

3.      The statement is in relation to the personal character of the candidate.

4.      The said statement is one which is being reasonably calculated to prejudice the prospects of the other candidate in the election.

Subash Desai v. Sharad J. Rao- AIR 1992 SC 2277- The onus of proving the ingredients of Section 123(4) is on the petitioner. However, if the petitioner asserted and stated on oath that the statement of fact published by the returned candidate was false and the said statement has been published by the candidate knowing it to be false, it would be deemed that the petitioner has discharged his onus.

Section 123(4)- Mental and Moral Character- There must be allegations with regard to a candidate personally reflecting the mental or moral character of him. Immorality includes acts of violence, corruption, these allegations are personal in character, the law says that even if such acts are alleged to have been done during his political character that may constitute an allegation regarding personal character of the candidate.

Section 123(5)-

Jas Bhai Chunni Bhai Patel v. Anwar Beg- AIR 1965 SC 586-

A.    Hiring or procuring of vehicle.

B.     By a candidate or his agent.

C.     For the free conveyance of the elector.

The section also speaks on use of such vehicles which connects two parts, namely, hiring or procuring of the vehicle and the use. The requirement is that therefore, in addition to providing the hiring the carriage of electors, it should also be proved that the electors use the vehicle free of cost to themselves.

Incurring unauthorized expenditure- Section 77-

Kanwar Lal Case- RP Act, 1951 got amended in 1974. Auditing was introduced.

Indira Gandhi v. Raj Narain, Dr. P. Nala Thumpi Teerath v. UOI

Obtaining a service of the government servant- Section 123(7)

Election Disputes- Section 125- Section 136.