Case: Prof. Balraj Madhok Vs. Shashi Bhushan &amp; Others

It was said, on behalf of the appellants that those allegations were nothing but propaganda stunts and they were wholly devoid of truth. If that is so, it is in public interest that the falsity of that propaganda should be exposed. The confidence in our electoral machinery should not be allowed to be corroded by false propaganda. It is of utmost importance that our electorate should have full confidence in the importance of the Election Commission. Even the very best institutions can be maligned. In all countries, at all times, there are gullible persons. The effectiveness of an institution like the Election Commission depends on public confidence. For building up public confidence, public must be given the opportunity to know the truth. Any attempt to obstruct an enquiry into the allegations made may give an impression that there might be some truth in the allegations made.From the records we gather that the allegations with which we are concerned are being made in several places in this country with some persistency. It is not unlikely that a section of our people, rightly or wrongly, have persuaded themselves to believe in those allegations. Such a situation should not be allowed to remain. The strength of a democratic society depends on the knowledge of its ordinary citizens about the affairs of the institutions created to safeguard their rights. It is dangerous to allow them to feed themselves with rumours." 3. Modifying the order of the High Court in certain respects, this Court observed : "The next question is whether it is necessary to inspect all the ballot papers as has been ordered by the trial Judge. We think that a general inspection should not be permitted, until there is satisfactory proof in support of these allegations. For finding out whether there is any basis for those allegations, it would be sufficient if some ballot papers say about 600 out of those polled by each of the returned candidates are selected from different bundles or tins in such a way as to get true picture. He may also select about 200 ballot papers caste in favour of the election petitioner for comparison. All the selected ballot papers at the first instance be examined by the learned Judge with the assistance of the counsel for the parties as well as the parties. If the learned Judge comes to the conclusion that the matter should be further probed into, he may take evidence on the points in issue including evidence of expert witnesses. Thereafter it is open to him to direct or not to direct a general inspection of the ballot papers. But in doing so he will take care to maintain the secrecy of the ballot. Subject to the directions given above, these appeals are dismissed but in the circumstances of the case we make no order as to costs in these appeals." 4. After the case was sent back, the learned trial Judge inspected the ballot papers in accordance with the directions given by this Court in the presence of the parties and their counsel. This is what the learned Judge states in his judgment about the observations made by him : "It was pointed out that there was a difference in shade and shadow of the colour of the ballot papers. One type of ballot papers was called white while the other was called brown. I have myself seen these ballot papers. So far as their colour is concerned, I would place them in two categories namely (a) white and (b) off-white. for the petitioner in E. P. No. 2 of 1971 contended that the majority of the ballot papers polled by respondent No. 1 were brown and that all these brown ballot papers had been chemically treated. Mr. Madhok, petitioner in this petition did not go to this extent and argued that all the brown ballot papers may not have been chemically treated. If this argument were correct, one should not have found any brown ballot papers amongst the ballot papers polled by the petitioner. This factually is not so because ballot papers polled by the petitioner are also found in the aforesaid two shades which I have called white and off-white. X X X X Even while taking out the rolls of ballot papers from the bundles contained in the gunny bags and again during their segregation into smaller rolls, I had looked at them from this point of view. One necessary result which would follow if a mechanical process had been employed would be that a sufficiently large number of marks would be placed at the identical spot in the relevant column of the ballot papers. I have not been able to find, in spite of as careful a comparison as I could make, even two ballot papers which can be said to have been placed at the identical spot. The entire theory of the employment of mechanical process must, to may mind, fail." 5. From the observations made by the learned trial Judge, it is clear that the theory that the ballot papers were mechanically marked it absolutely without any foundation. Once the theory that thousands of ballot papers were mechanically marked is rejected, the remaining part of the appellants case cannot have much basis. The appellant has produced no basis for saying that the ballot papers were chemically treated. The fact that there were ballot papers having two colours white and off-white does not lend any support to the contention that any of the ballot papers were chemically treated for the reasons mentioned by the trial Judge. The appellant who argued the appeal before us in person tried to evolve a theory that some ballot papers cast in his favour might have changed their colour because of their coming into contact with the other chemically treated papers. We see no basis to accept this contention. 6. We agree with the trial Judge that the appellant has not made out his case that the election in question was rigged.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]5. From the observations made by the learned trial Judge, it is clear that the theory that the ballot papers were mechanically marked it absolutely without any foundation. Once the theory that thousands of ballot papers were mechanically marked is rejected, the remaining part of the appellants case cannot have much basis. The appellant has produced no basis for saying that the ballot papers were chemically treated. The fact that there were ballot papers having two colours white ande does not lend any support to the contention that any of the ballot papers were chemically treated for the reasons mentioned by the trial Judge. The appellant who argued the appeal before us in person tried to evolve a theory that some ballot papers cast in his favour might have changed their colour because of their coming into contact with the other chemically treated papers. We see no basis to accept this contention6. We agree with the trial Judge that the appellant has not made out his case that the election in question was rigge