Case: Sucheta Kripalani  Vs. Shri S. S. Dulat, I.C.S., Chairman Of The Election Tribunal, Delhi

The proceedings that have given rise to this appeal arise out of an election petition before the Election Tribunal, Delhi.2. The appellant Shrimati Sucheta Kripalani together with the contesting respondent Shrimati Manmohini Sahgal and others were candidates for election to the House of the People from the Parliamentary Constituency of New Delhi. The polling took place on 14-1-1952 and when the votes were counted on 18-l-l952 it was found that the appellant had secured the largest number of votes and that the contesting respondent Manmohini came next. The appellant was accordingly notified as the returned candidate on 24-1-1952.3. On 6-3-1952, the appellant filed her return of election expenses. This was found to be defective and on 17-4 -1952, the Election Commission published a notification in the Gazette of India disqualifying the appellant under R. l14 (5) of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951 on the ground that she had "failed to lodge the return of election expenses in the manner required" and that she hadthe disqualifications under Cl. (c) of S. 7 and S. 143 of the Representation of the People Act, 1951.In view of this the appellant submitted a fresh return with an explanation under R.114 (6) on 30-4-1952. This was accepted by the Commission and on 7-5-1952, it published a notification in the Gazettee of India under R. l14 (7) stating that the disqualifications had been removed.5. In the meanwhile, on 7-4-1952, the contesting respondent Manmohini filed an election petition praying that the appellants election be declared void and that she (the petitioner) be declared to have been duly elected. It will be noticed that this was before 17-4-1952, the date an which the Election Commission disqualified thenumber of major corrupt practices were alleged that the return which the appellant had filed on 6-3-1952, of her election expenses was challenged as a minor corrupt practice on two grounds :(1) that the return was false in material particulars, and (2) that it was not in accordance with the rules and so was no return at all in the eye of the law. Particulars of the instances in which the return was challenged as false were then set out.6. The appellant filed her written statement in reply on 7-10-1952. It will be noticed that this was after she had put in her second return and after the Election Commission had removed the disqualification due to the first return. Her reply was as follows :(l) That as the disqualification with respect to the return other election expenses had been removed by the Election Commission under S. 144 of the Representation of the People Act, 1951, this question could not be reopened;(2) That a minor corrupt practice which cannot vitiate an election and which is not capable of materially affecting an election is wholly outside the scope of a proper election petition and so no congnisance of it can be taken by the Election Tribunal:(3) That only such matters can be put in issue as are necessary to decide whether the election of the returned candidate is liable to be set aside within the meaning of S. 100 (2) of the Act.7. The contesting respondent Manmohini filed a replication on 15-10-1952. In it she said :(1) that the Election Commission did not and could not decide whether the return was or was not false in material particulars and so the question was still open. (This had reference to the first return dated 6th March, 1952);(2) that in anythe revised return is false in material particulars and the objections with regard to the original return also apply exactly with regard to the revised return.The broad propositions of law raised by points (2) and (3) in the appellants written statement were also denied. Then followed an item by item reply to the allegations made by the appellant in the list which she had appended to her written statement. That list was a reply to the particulars of false return and corrupt practices furnished by the contesting respondent Manmohini. It is evident then that Manmohini attacked the second return on exactly the same grounds as the first and furnished the same particulars.

Reasoning:
9. Now we have spoken of these returns as the first and the second. But counsel on both sides agreed before us that the first return was in fact no return at all in the eye of the law and that therefore the contesting respondents real attack was on the second return which must be regarded as the only return which the law will recognise as a valid return. It was agreed that there cannot be two returns of expenses either the one originally filed is amended or it is treated as a nullity so far as it purports to be a return, in view of this agreement, it is not necessary for us to express any opinion on the matter and we will concentrate our attention on what, for convenience, we will continue to call the secondthe first return is no return in the eye of law, then the only return we are concerned is the second and that must be treated in same way as it would have been if it had the only returnthere had been no other return and return had been challenged on the now raised, it is clear that the truth of allegations made would have to be enquired in to. That enquiry cannot be shut out simply cause the allegations against the second return happen to be exactly the same in the of its falsity as in the case of the first return.We are therefore of opinion that the jurisdiction of the Tribunal to enquire into these matters was not ousted on that account.Section 76 of the Act requires every candidate to file a return of election expenses in a particular form containing certain prescribed particulars. The form and particulars are set out in the Rules. S. 143 prescribes the penalty for failure to observe those requirements. It is disqualification. This ensues if there is a "default" in making the return. It also ensuessuch a return is found .................. upon the trial of an election petition under Part VI .............................. to be false in any materialtrial of an election petition is conducted by an Election Tribunal and this section makes it incumbent on the Tribunal to enquire into the falsity of a return when that is a matter raised and placed in issue and the allegations are reasonably connected with other allegations about a major corrupt practice. The jurisdiction is that of the Tribunal and not of the Election Commission. The duty of the Election Commission is merely to decide under R. 114 (4) whether any candidate has, among other things.It is a questions of form and not of substance. If the return is in proper form no question of falsity can arise unless somebody raises the issue. If it is raised, the allegations will be made in some other document by some other person and the charges so preferred will be enquired into by thethe return is not in proper form, disqualification ensues but the Election Commission is invested with the power to remove the disqualification under R. l14 (6). If it does, the position becomes the same as it would have been had the Election Commission decided that the form was proper in the firstargument applies as much to the second as to the first return and raises an issue about the respective jurisdictions of the Election Commission and the Election Tribunal on this point. The Tribunal decided against the appellant on this point and held, as we do, that the Election Commission was not concerned with the issue of fact about the falsity of the return. The appellant then filed a petition under Art. 226 to the High Court and questioned the Tribunals jurisdiction to enquire into the issue ofHigh Court upheld the Tribunals decision and the appellant pursued the matter here both in her grounds of appeal and in her statement of the case. She cannot at this stage ask us to leave the matter open so that she can come here again and re-agitate this question. We accordingly overrule Mr. Chatterjeesneed not go into that because the question is purely academic in this case. The allegation about the minor corrupt practice does not stand by itself.There are also allegations about major corrupt practices which require investigation and the minor corrupt practices alleged are reasonably connected with them.Section 143 of the Act is a complete answer to the question of the Tribunals jurisdiction on this point when it is properly seised of the trial of an election petition on other grounds. Whether it could be properly seised of such a trial if this had been the only allegation, or if the minor corrupt practice alleged was not reasonably connected with the other allegations about major corrupt practices, does not thereforethe trial is proceeding on the other matters the Tribunal is bound under S. 143, now that the issue has been raised, also to enquire into the question of the falsity of the return. Without such an enquiry it cannot reach the finding which S. 143 contemplates. We need not look into the other sections which were touched upon in the arguments and in the Courts below because S. 143 is clear and confers the requisite jurisdiction when a trial is properly in progress.The appellant has failed on every question of substance that she raised. There was some vagueness in the Election Tribunals order about which of the two returns formed the basis of the enquiry on this point but even it the Tribunal intended to treat the first return as the basis, that did not really affect the substance because exactly the same allegations are made about the second return and the issue of fact would therefore have to be tried in any event. The appellants whole endeavour was to circumvent such an enquiry and oust the Tribunals jurisdiction.