MULLAPUDI VENKATA KRISHNA RAO versus VEDULASURYANARAYANA

Citation: [1993] 2 S.C.R. 346 · Decided: 16-03-1993 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
MULLAPUDI VENKATA KRISHNA RAO 
v. 
VEDULASURYANARAYANA 
MARCH 16, 1993 
B 
[KULDIP SINGH, N.M. KASLIWAL AND S.P. BHARUCHA, JJ.] 
Representation of the People Ac~ 1951: 
Section 123(3}-Corrupt practice-Religious symboHJse of-Charge 
C against elected canaidote-Establishing of-Standard of proof required in 
such cases. 
The appellant's election to the Legislative Assembly was challenged 
by the Respondent in his election petition before the High Court. It was 
contended by the election petitioner that the respondent had used a 
D religious symbol for the furtherance of his election prospects,·which was a 
corrupt practice under Section 123(3) of the Representation of the People 
Act, 1951. The High Court declared the election of the sue<essful can· 
didate to be void and set it aside. The successful candidate preferred the 
present appeal. 
E 
On the question whether the use of a religious symbol in the election 
of Respondent amounted to corrupt practice u/s 123(3) of the Repre· 
sentation of the People Act, 1951, this court, 
HELD: 1.1. There is no doubt that the offending poster is a religious 
F 
symbol. The depiction of anyone in the attire of Lord Krishna blowing a 
'shanku' and quoting the words from the Bhagavad Gita addressed by 
Lord Krishna to Arjuna that his incarnation would be born upon the 
earth in age after age to restore dharma is not only to a Hindu by religion 
but to every Indian symbolic of the Hindu religion. The use by a candidate 
G of ouch a symbol coupled with the printing upon it of words derogatory of 
a rival political party must lead to the conclusion that the religious symbol 
was used with a view to prejudicially affect the election of the candidate of 
the rival political party. [350G-H] 
1.2. But there is no evidence to show that the offending poster was 
H printed by or at the behest of the successful candidate. The successful 
346 
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MULLAPUDI VENKATA v. VEDULA SURYANARAYANA !JlHARUCHA, J.] 347 
candidate himself in his evidence denied that he had the offending posters A 
printed or pasted. The averment in the election petition that the offending 
posters were pasted by followers, supporters and party men of the success-
ful candidate is not established. [351B-D] 
1.3. The evidence on record does not establish that the offending 
posters were used at the election by the successful candidate or his 
election agent or with their consent. [352D] 
' 
B 
1.4. The standard of proof in an election petition is rigorous, having 
regard to the quasi-criminal nature of the proceeding. The charge laid 
against the successful candidate under section 123(3) has not been estab-
C 
fished on the basis of the evidence on record. [35IG] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3719 of 
-~ 
1991.. 
From the Judgment and Order dated 3.9.1991 of the Andhra Pradesh D 
High Court in Election Petition No. 22 of 1990. 
P.P. Rao, D. Prakash Reddy and A.V.V. Nair for the Appellant. 
C. Sitaramaiah, B. Rajeshwar Rao, Vimal Dave, Mrs. Rani Chhabra 
(NP) for the Respondent. 
E 
The Judgment of the Court was delivered by 
BHARUCHA, J. This is an appeal under the provisions of the Rep· 
resentation of the People Act, 1951, against the judgment and order of the 
High Court of Ancjhra Pradesh whereby the election of the appellant F 
before us to the Andhra Pradesh Legislative Assembly from the Tanuku 
Assembly constituency was declared void and set aside in view of the 
finding that he had committed the corrupt practice proscribed by section 
123(3) of the Act. 
Section 123(3); inter alia, states that 
"the appeal by a candidate or his agent or by any other 
person with the consent of a candidate or his election 
agent .to vote or refrain from voting for any person on the 
grountl of his ~eligion .......... or the use of or. appeal to 
G 
H 
348 
SUPREME COURT REPORTS 
[1993] 2 S.C.R. 
A 
religious symbols for the furtherance of the prospects of 
the election of that candidate or for prejudicially affecting 
"'<('-
the election of any other candidate is a corrupt practice". 
The respondent, a candidate of the Telugu Desam Party, secured the 
B 
largest number qf votes at the said election, which was held on 22nd 
November, 1989. The High Court found that during the election campaign 
posters depicting N.T. Rama Rao, the leader of the Telugu Desam Party, 
~ -, 
in the role of Lord Krishna, blowing a conch shell, had been used. The 
offending poster bore at the top a 'sloka' from the B

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