RBDMG@cuvmb.cc.columbia.edu (Sekhar@RutVM1.Rutgers.Edu Ramakrishnan) (06/09/91)
[Source: Economic and Political Weekly] ======================================= Bombay High Court has set aside the elections of two Shiv Sena MLAs and one Shiv Sena MP from Bombay and a BJP MLA from Aurangabad on grounds of corrupt practices under Section 123(3) and 123(3a) of the Representation of the People Act (RPA). Section 123(3) deals with seeking votes on the ground of religion and 123(3a) with promoting enmity between people. The law comes into effect only when a notification of election is made. The last time such a court decision was made was in 1975 when the Supreme Court upheld a Bombay High Court ruling setting aside the election of a Muslim League candidate Ziauddin Burhanuddin Bukhari, who defeated S.C.Chagla in the Kumbharwada constituency in 1972. The court decided that Bukhari had elicited votes through communal appeals. ====================================================================