State of Uttar Pradesh v. Raj Narain

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The State of Uttar Pradesh v. Raj Narain (1975 AIR 865, 1975 SCR (3) 333) was a 1975 case heard by the

state of emergency by Gandhi's government from 1975 to 1977.[5]

Facts

Indian Parliament
. Narain filed a petition to appeal the verdict, alleging that Indira Gandhi used bribery, government machinery and resources to gain an unfair advantage in contesting the election. Narain specifically charged Gandhi of using government employees as election agents and of organising campaign activities in the constituency while still on the payroll of the government.

Gandhi was represented by

Nanabhoy Palkhivala, Raj Narayan by Shanti Bhushan
. After she imposed a state of emergency on 26 June-1975, Palkhivala resigned as her lawyer to protest against the decision. When the Janata Party came to power in 1977, Palkhiwala was appointed Ambassador to US. Shanti Bhushan became a minister in the Janata Party government.

Judgement

On 12 June 1975, Justice Jagmohanlal Sinha found Gandhi guilty of electoral malpractices. Sinha declared the election verdict in the Rae Bareilly constituency "null and void", and barred Gandhi from holding elected office for six years.[2][3][4][1] While Sinha had dismissed charges of bribery, he had found Indira guilty of misusing government machinery as a government employee herself.[1] The court order gave the Congress (R) twenty days to make arrangements to replace Gandhi in her official posts. This was unprecedented. Its impact finally led to the fall of Congress regime at the centre immediately after emergency.[citation needed] Raj Narain became a national hero for overthrowing Gandhi's and the Congress's regime after 30 years of independence, initially by trouncing Gandhi in judicial battle and later in 1977 Loksabha elections.[citation needed] This fulfilled an unrealised dream of his friend and mentor Ram Manohar Lohia. Gandhi appealed the verdict to the Supreme Court of India, which granted a conditional stay of execution on the ruling on 24 June 1975.[1] On 7 November 1975, the Supreme Court of India formally overturned the conviction.[6]

Significance

Indian Constitution and overwrite the law that she had been found guilty of violating. When the government finally called elections in 1977, the opposition Janata Party alliance defeated Gandhi's Congress (R) party. Raj Narain defeated Indira Gandhi in the Rae Bareilly constituency by a margin of 55,200 votes.[10]

References

  1. ^ a b c d e "Indian Emergency of 1975-77". Mount Holyoke College. Retrieved 5 July 2009.
  2. ^ a b c d "The Rise of Indira Gandhi". Library of Congress Country Studies. Retrieved 27 June 2009.
  3. ^ a b c Kuldip Singh (11 April 1995). "OBITUARY: Morarji Desai". The Independent. Archived from the original on 24 May 2022. Retrieved 27 June 2009.
  4. ^
    ISBN 978-0-395-73097-3
    .
  5. ^ "Justice Sinha, who set aside Indira Gandhi's election, dies at 87". The Indian Express. 22 March 2008. Archived from the original on 9 March 2012. Retrieved 5 July 2009.
  6. ISBN 81-7017-061-3
    .
  7. ^ Jawed Naqvi (10 April 2007). "A Revolving Door for Democrats, Dictators and Bankers". Counter Currents. Retrieved 5 July 2009.
  8. ^
    ISBN 978-0-395-73097-3
    .
  9. ISBN 978-0-395-73097-3
    .
  10. ^ "March 21, 1977, Forty Years Ago: Mrs Gandhi Loses". The Indian Express. 21 March 2017. Retrieved 27 January 2023.
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