RAMANBHAI ASHABHAI PATEL versus DABHI AJITKUMAR FULSINJI AND OTHERS

RAMANBHAI ASHABHAI PATEL versus DABHI AJITKUMAR FULSINJI AND OTHERS

The use of the Dhruva star as an election symbol and the mention of its qualities in pamphlets did not amount to a corrupt practice under s.123(3) of the Representation of the People Act, 1951, as there was no direct appeal to the religious sentiments of voters or use of a religious symbol; the Dhruva star is not a religious symbol, and the attributes cited are not exclusive to any particular religion. The respondent could also properly support the judgment on grounds found against him by the lower court.

Parties
Appellant: Ramanbhai Ashabhai Patel; First Respondent: Dabhi Ajitkumar Fulsinji; Second Respondent: Second Respondent (unnamed)
Jurisdiction
India
Judgment Date
09 October 1964
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Gujarat High Court Decision
Outcome
Appeal allowed
Legal Topics
Corrupt Practices in Elections, Use of Religious Symbols, Right to Support Judgment on Adverse Grounds, Election Tribunal's Duty
Election Law Corrupt Practices in Elections Use of Religious Symbols Right to Support Judgment on Adverse Grounds Election Tribunal's Duty

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Parties

Ramanbhai Ashabhai Patel

Appellant

Dabhi Ajitkumar Fulsinji

First Respondent

Second Respondent (unnamed)

Second Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Gujarat High Court Decision

Legal Issues

  1. 1 Whether describing and using 'Dhruva star' as an election symbol and distributing associated pamphlets amounted to a corrupt practice under section 123(3) of the Representation of the People Act, 1951
  2. 2 Whether the second respondent’s nomination was improperly accepted for not attaining the age of 25
  3. 3 If a respondent not appealing may nevertheless support a judgment on grounds found against by the lower court

Ratio Decidendi

The use of the Dhruva star as an election symbol and the mention of its qualities in pamphlets did not amount to a corrupt practice under s.123(3) of the Representation of the People Act, 1951, as there was no direct appeal to the religious sentiments of voters or use of a religious symbol; the Dhruva star is not a religious symbol, and the attributes cited are not exclusive to any particular religion. The respondent could also properly support the judgment on grounds found against him by the lower court.

Court Disposition

Appeal allowed

Orders

  • Decisions of the High Court and the Election Tribunal are set aside.
  • Election petition is dismissed with costs throughout.