Y.V. Chandrachud JUDGMENT
A.N. Ray, J.
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 July, 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 June, 1975. The High Court held that the appellant held herself out as a candidate from 29 December, 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 Appeal No. 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 Constitution (Thirty-ninth Amendment) Act. 1975 contains three principal features. First, Article 71 has been substituted by a new Article 71. The new Article 71 states that subject to the provisions of the Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President including the grounds on which such election may be questioned.
4. The second feature is insertion of Article 329-A in the Constitution. Clause 4 of Article 329-A is challenged in the present appeals. There are six clauses in Article 329-A.
5. The first clause states that subject to the provisions of Chapter II of Part V (except Sub-clause (e) of Clause (1) of Article 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 afte........