DR. DAS RAO DESHMUKH versus KAMAL KISHORE NANASAHEB KADAM AND ORS.

Citation: [1995] SUPP. 2 S.C.R. 148 · Decided: 14-07-1995 · Supreme Court of India · Bench: G.N. RAY · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
DR. DAS RAO DESHMUKH 
v. 
KAMAL KISHORE NANASAHEB KADAM AND ORS. 
JULY 14, 1995 
[G.N. RAY, FAIZAN UDDIN, JJ.] 
Representation of People Act 1951-Sec. 123(3) and 123(3A) 
"Conupt practice''-Meaning of 
Election petition filed-Challengi.ng the election of the appellant on the 
grounds of conupt practice~Election campaign conducted on the basis of 
Hindu religi.on-Attempted to promote hatred between the two communities 
namely the Hindus and the Muslim~Aroused communal passions. 
D 
Speeches delivered in election meeting~To be appreciated, dispas-
sionately keeping in mind, the context they are made-{]se of hyperbole or 
exaggerated language or adoption of metaphors and extravagence of expres-
sion in attacking one another-Very common during elections.-Hence must 
consider the real thrust of the speech-Whether intended to generate improper 
passions on the score of religi.on, caste and community-Regard must be had 
E 
to be substance of the matter rather than mere f omi or phraseology. 
F 
Display of poster~Appeal to vote for appellant for the purpose of 
"teaching a lesson to the Muslims''-Potentially offensive-Likely to bring 
dishamwny between the two communitie~Wh.ether sufficient to prove cor-
rupt practice. 
Legislative Assembly elections were held in the State of Mahar?shtra 
in February, 1990. The appellant, having secured the highest votes was 
declared elected from the Nanded constituency in the State. 
G 
An election petition was filed by the respondent challenging the said 
election, on the grounds of corrupt practices. 
By its judgment and order, the High Court of Bombay, Aurangabad 
Bench, set aside the said election, holding that the appellant had indulged 
in corrupt practice within the meaning of the provisions of Sec. 123(3) and 
H 
123(3A) of the Representation of People Act, 1951 (hereinafter referred to 
148 
D.R. DESHMUKH v. N.KN. KADAM 
149 
as the "Act"). 
Aggrieved by the impugned judgment, the appellant preferred an 
appeal before this Court on the grounds that (a) The expression "consent" 
in relation to corrupt practice as used in Sec. 123(3) and 123(3A) of the 
A 
Act may be proved both by direct and circumstantial evidence. The stand-
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ards applied in the criminal law must also be applied while assessing such 
circumstantial .evidence. It must not be a mere knowledge of, or connivance 
at, a corrupt practice and hence must be proved in the same way as a 
criminal charge is proved. (b) In construing the provisions of Sec. 123(3) 
and 123(3A) of the Act widest possible latitude ought to be given to the 
expression of opinion in the context of democratic discourse so as not to 
infringe on the Fundamental Rights guaranteed under Art. 19(1)(a) of the 
Constitution. Also the restriction envisaged by Art. 19(2) of the Constitu-
c 
tion ought to be strictly construed in such cases. (c) In a plural society 
such as ours, debates on issues pertaining to religion, secularism, lan-
guage policy, reservation policies etc. do come up during elections and D 
hence if mere references to such issues are construed as falling within the 
mischief of Sec. 123(3) of the Act, it would result in stifling the debates on 
such contemporary issues. (d) As has been held by this Court in Ku/tar 
Singh v. Mukhtiar Singh, AIR (1965) SC 141, documents such as election 
posters must be read as a whole and its purport and effect determined in E 
a fair, objective and reasonable manner. (e) It must not be ignored that 
during elections, the atmosphere is generally surcharged with partisan 
feelings and use of exaggerated language and expression in attacking one 
another is very common. Hence the speeches delivered and pamphlets 
distributed during such election meetings must be construed in that light. 
(t) This Court has in Ebrahim Suleiman Sait v. M.C. Mohammed & Another, 
(1980) 1 sec 398 ( 402-403) held that in several parties, membership is 
predominantly held by members of a particular community or religion and 
hence the election of candidates of such parties in an indirect way may be 
influenced by consideration of religion, race caste, community or language. 
F 
(g) Presence of the appellant at the meeting held on February 4, 1990 G 
should not be construed as amounting to 'consent', as interpreted by this 
Court in Balk1ish11a Samant v. George Femandez, AIR (1969) SC 1201 and 
Haji CA. Mohd. Kaya v. T.K.S.MA. Muthukoya'. [1979) 2 SCC 8. The 
speech delivered at the said meeting was made by Shri Bal Th

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