KALAMATA MOHAN RAO versus NARAYANA RAO DHARMANA AND ORS.

KALAMATA MOHAN RAO versus NARAYANA RAO DHARMANA AND ORS.

The display of posters depicting N.T. Rama Rao as an incarnation of God worshipped by Hindus urging votes for the appellant constitutes an appeal on the ground of religion, amounting to a corrupt practice under Section 123(3) of the Representation of the People Act, 1951. The evidence proved the appellant was responsible for the posters, and this act invalidated the election.

Parties
Appellant: Kalamata Mohan Rao; Respondent No.1: Narayana Rao Dharmana
Jurisdiction
India
Judgment Date
09 November 1995
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Representation of the People Act, 1951, Section 123(3) Corrupt Practices, Appeal for Votes on Religious Ground
Election Law Representation of the People Act, 1951 Section 123(3) Corrupt Practices Appeal for Votes on Religious Ground

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Parties

Kalamata Mohan Rao

Appellant

Narayana Rao Dharmana

Respondent No.1

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether displaying posters depicting the party Supremo as an incarnation of God appealing for votes constitutes a corrupt practice under Section 123(3) of the Representation of the People Act, 1951

Ratio Decidendi

The display of posters depicting N.T. Rama Rao as an incarnation of God worshipped by Hindus urging votes for the appellant constitutes an appeal on the ground of religion, amounting to a corrupt practice under Section 123(3) of the Representation of the People Act, 1951. The evidence proved the appellant was responsible for the posters, and this act invalidated the election.

Court Disposition

Appeal dismissed

Orders

  • Election of appellant set aside
  • Appellant to pay costs