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

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

The appellant is found guilty of corrupt practice under Sec. 123(3) and 123(3A) of the Representation of People Act, 1951, due to the display of posters appealing to voters to 'teach a lesson to Muslims', which was inherently offensive and promoted disharmony between communities, thereby justifying setting aside his election.

Parties
Appellant: Dr. Das Rao Deshmukh; Respondent No. 1: Kamal Kishore Nanasaheb Kadam
Jurisdiction
India
Judgment Date
14 July 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment in Election Petition No. 8 of 1991
Outcome
Appeal dismissed; election set aside for corrupt practice
Legal Topics
Corrupt Practice, Religious Appeals in Elections, Representation of People Act
Election Law Constitutional Law Corrupt Practice Religious Appeals in Elections Representation of People Act

Case Brief

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Parties

Dr. Das Rao Deshmukh

Appellant

Kamal Kishore Nanasaheb Kadam

Respondent No. 1

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment in Election Petition No. 8 of 1991

Legal Issues

  1. 1 Whether the appellant indulged in corrupt practice under Sec. 123(3) and 123(3A) of the Representation of People Act, 1951 by conducting an election campaign on the basis of Hindu religion and displaying potentially offensive posters

Ratio Decidendi

The appellant is found guilty of corrupt practice under Sec. 123(3) and 123(3A) of the Representation of People Act, 1951, due to the display of posters appealing to voters to 'teach a lesson to Muslims', which was inherently offensive and promoted disharmony between communities, thereby justifying setting aside his election.

Court Disposition

Appeal dismissed; election set aside for corrupt practice

Orders

  • Appellant found guilty of corrupt practice under Sec. 123(3) and 123(3A) of Representation of People Act, 1951; election declared null and void.
  • Appellant to pay costs of Rs. 10,000 to the election petitioner.