(1.) IN Civil Appeal No. 887 of 1975 the appellant is INdira Nehru Gandhi and the respondent is Raj Narain. Civil Appeal No. 909 of 1975 is the cross objection of the respondent. On 14/07/1975 it was directed that both the appeals would be heard together. The appeals arise out of the judgment of the High Court of Allahabad dated 12/06/1975. The High Court held that the appellant held herself out as a candidate from 29/12/1970 and was guilty of having committed corrupt practice by having obtained the assistance of Gazetted Officers in furtherance of her election prospects. The High Court further found the appellant guilty of corrupt practice committed under Section 123 (7) of the Representation of the People Act, 1951 hereinafter referred to as the 1951 Act by having obtained the assistance of Yashpal Kapur a Gazetted Officer for the furtherance of her election prospects. The High Court held the appellant to be disqualified for a period of six years from the date of the order as provided in Section 8 (a) of the 1951 Act. The High Court awarded costs of the election petition to the respondent.
(2.) IT should be stated here that this judgment disposes of both the appeals. Under directions of this Court the original record of the High court was called for. The appeal filed by the respondent with regard to Issues Nos. 2, 4, 6, 7 and 9 formed the subject-matter of cross objections in Civil Appea1No. 909 of 1975. The cross-objections are the same which form grounds of appeal filed by the respondent in the High Court at Allahabad, against an order of dismissal of Civil Misc. Writ No. 3761 of 1975 filed in the High Court at Allahabad.
(3.) THE first clause states that subject to the provisions of Chapter II of Part V (except sub-clause (e) of clause (1) of Art. 102) no election to either House of Parliament of a person who holds the office of Prime Minister at the time of such election or is appointed as Prime Minister after such election; and to the House of the People of a person who holds the office of Speaker of that House at the time of such election or who is chosen as the Speaker for that House after such election, shall be called in question, except before such authority (not being any such authority as is referred to in clause (b) of Article 329) or body and in such manner as may be provided for by or under any law made by Parliament and any such law may provide for all other matters relating to doubts and dispute in relation to such election including the grounds on which such election may be questioned.
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