KALAMATA MOHAN RAO versus NARAYANA RAO DHARMANA AND ORS.

Citation: [1995] SUPP. 5 S.C.R. 5 · Decided: 09-11-1995 · Supreme Court of India · Bench: J.S. VERMA, K.S. PARIPOORNAN · Disposal: Dismissed

Judgment (excerpt)

KALAMATA MOHAN RAO 
A 
v. 
NARAYANA RAO DHARMANA AND ORS. 
NOVEMBER 9, 1995 
[J.S. VERMA AND K.S. PARIPOORNAN, JJ.) 
B 
.. 
Election Law 
Representation of the People Act, 1951: 
c 
S.123(3)-Corrnpt practices-State Legislative Assembly Elec-
tions-Canvassing through posters-Retumed candidate having displayed 
posters depicting his p01ty Supremo in role of God worshipped by people of 
his religion as an incamation making clmion call to voters to defeat the 1ival 
party-Held, contents of posters amount to an appeal for votes on ground of 
' 
religion of the candidate-Election set aside. 
D 
The election of the appellant to Andhra Pradesh Legislative Assemb-
ly was challenged before the High Court in an election petition on the 
ground of corrupt practice under s.123(3) of the Respresentation of the 
People Act, 1951. It was alleged that the appellant, who was the candidate E 
of Telugu Desam Party, made appeal for votes on the ground of his 
religion. On 17.11.1989 he was said to have got pasted posters at various 
places in the relevant constituency depicting the party leader N.T. Rama 
Rao in the role of Lord Krishna worshipped by the Hindus as an incarna-
tion, blowing a conch shell and making clarion call to the voters to defeat 
deceitful Congress Party which had sold away the nation. The High Court F 
allowed the petition and set aside the election of the appellant. Aggrieved, 
the appellant filed the appeal under s.116A of the Act. 
Dismissing the appeal, this Court 
HELD : 1. The contents of the poster pleaded in the election petition, G 
as are evident from the photograph Ex.A-7, unambiguously amount to an 
appeal for votes on the ground of the religion of the candidate of the 
· Telugu Desam Party, the appellant. The clear meaning of its contents is 
that N.T. Rama Rao is an incarnation of God worshipped by the Hindus 
who is seeking votes for his candidate, the appellant who is a Hindu, at H 
5 
6 
SUPREMECOURT REPORTS [1995] SUPP. 5 S.C.R. 
A 
the election to conquer the evil in the form of the Congress Party; and for 
the sake of Hindu religion to which the appellant belongs, the voters 
should vote for the appellant, candidate of the Telugu Desam Party which 
is led by incarnation of God worshipped by the Hindus. This is what the 
poster clearly meant and this is how it was understood by the voters. 
B 
Mullapudi Venkata Krishna Rao v. Vedula Suryanarayana, [1993] 
Supp. 3 SCC 504, referred to. [8-D-E] 
2. The Evidence of the witnesses examined in support of the election 
petition indicates that the appellant himself got the posters pasted on the 
C walls at different places in the constituency on 17.11.1989. The act of 
canvassing through the medium of these posters has been attributed 
directly to the appellant himself by the PWs whose testimony has been 
rightly accepted by the High Court. There is nothing in their cross-
examination to disbelieve their version. Moreover, there is no evidence in 
D 
rebuttal thereof, inasmuch as even the appellant did not enter the witness 
box to deny the allegations made against him. The unrebutted evidence led 
in support of the election petition is sufficient to prove that the act of 
putting up these posters at different places in the constituency as alleged 
has been duly proved. [8-F-H; 9-A] 
E 
CIVIL APPELLATE JURISDICTION 
Civil Appeal No. 13 of 
F 
G 
1992. 
From the Judgment and Order dated 18.12.91 of the Andhra Pradesh 
High Court in E.P. No. 7 of 1990. 
P .P. Rao and Mrs. S. Rani Chhabra for the Appellant. 
Y. Prabhakara Rao for the Respondents. 
The Judgment of the Court was delivered by 
J.S. VERMA, J. This is an appeal under Section 116A of the Repre-
sentation of the People Act, 1951 (for short "the R.P. Act") by the returned 
candidate against the judgment dated 18th December, 1991 by N.D .. Pat-
naik, J. of the High Court of Andhra Pradesh in Election Petition No. 7 of 
1990, setting aside the election of the appellant to the Andhra Pradesh 
H Legislative Assembly from No. 6 Pathapatnam Assembly Constituency held 
' 
,. , 
K.M. RAO v. N.R. DHARMANA[J.S. VERMA,J.] 
7 
1 
on 22.11.1989. The appellant was candidate of the Telugu Desam Party A 
while respondent No. 1 Narayana Rao Dharmana was the Congress (I) 
candidate at the election. The appellant polled 41,040 votes and was 
declared elected against respondent No. 1 who obtained 40, 766 votes. The 
election petition was filed on several grounds including the corrupt practice 
under Section 123(3) of

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