- (1.) Civil Appeal Nos. 43964398/2000 : We are concerned in these appeals with the election held on 22nd February, 1998 for the 9 Sambhal Parliamentary Constituency. The result thereof was declared on 3rd March, 1998. The appellant, Mulayam Singh Yadav, was declared on 3rd March, 1998. The appellant, Mulayam Singh Yadav, was declared elected, having secured 3,76,828 votes. His nearest rival was the first respondent, Dharampal Yadav, whom he defeated by a margin of 1,66,662 votes. The first respondent challenged the election of the appellant by filing an election petition on 17th April, 1998 before the High Court at Allahabad. Interim applications were filed on behalf of the appellant raising preliminary objections to the election petition. They were disposed of by the judgment and order under challenge, whereby the preliminary objections were rejected.
(2.) The point that we propose to decide, and which will dispose of the appeals, relates to Schedule 14 to the election petition. The election petition has is respondents. It contains grounds (A) to (I). In support of these grounds, 25 Schedules are filed and are, as a fact, a part of the election petition, as bound. Except Schedule 14, to which we shall presently refer, the other Schedules contain documents, such as newspaper reports, pleadings, circulars, list of polling booths, etc. Each Schedule has a verification clause and is verified by the first respondent. In respect of each Schedule, except Schedule 14, the averment in the election petition reads, "......... marked as Schedule - to this election petition (giving the appropriate number) which forms part of the election petition. " Schedule 14 is referred to in paragraph 83 of the election petition thus : "But in the case of the present election of 9 Sambhal Parliamentary Constituency, though the polling was 90% and above upto 250% as stated above, coupled with the booth capturing, arson and violence in large scale and the same having been brought to the public notice by print and electronic media, which was covered by video photography by different channels including the Doordarshan, Star T.V. and Zee T.V. and the videography under the orders of the election commission is attached to this election petition as Schedule No. 14 in the form of cassette, which is filed along with this election petition under a seal cover under the signature of the election petitioner and his counsel."
(3.) To be certain about what precisely this averment meant, we asked learned counsel for the first respondent to explain it. He said that the first respondent or some person on his behalf had recorded what was shown by television channels and the video graph taken under the orders of the Election Commission and that the video cassette of such recordings was mentioned and verified in Schedule 14. The reproduction of the recording on is video cassettes had been filed along with the election petition for service on the respondents thereto.;