TaxTMI 
TaxTMI 
1995 (12) TMI 398
X X X X Extracts X X X X
X X X X Extracts X X X X
....d on 1.3.1990. Admittedly, the last date for filing the election petition according to the limitation prescribed in subsection (1) of Section 81 of the R.P. Act was 14.4.1990 but the election petition was actually presented in the Bombay High Court on 16.4.1990 was a Saturday on which date the High Court as well as its office was closed on account of a public holiday and 15.4.1990 was Sunday on which date also the High Court as well as its office was closed and, therefore, the election petition could not have been presented on either of these two dates. The first question which arises, relates to compliance of which renders the election petition liable for dismissal under Section 86 of the R.P. Act. The election petition alleged the commission of corrupt practices under sub-sections (3) and (3A) of Section 123 of the R.P. Act and sought declaration of the election of Manohar Joshi to be void on the ground under Section 100(1)(b) of the R.P. Act. The corrupt practices alleged were, in substance, speeches on 24.2.1990 at Shivaji Park by the returned candidate Manohar Joshi and leaders of the BJPShiv Sena alliance,namely, bal Thackeray, Chhagan Bhujbal and Pramod Nawalkar; and s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lection commission" (w.e.f. 14-12 1966). ***Subs. by Act 27 of 1956, for certain words, i.e., "in such form and within such time but not earlier than the date of publication of the name or names of the returned candidate or candidates at such election under Section 67, as may be prescribed." #Sub-section (2) omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966). ##Ins. by Act 40 of 1961, s. 17 (w.e.f. 20-9-1961). ###Certain words omitted by Act 47 of 1966, s. 39 (w.e.f. 14-12-1966)." "83. Contents of petition.- (1) An election petition (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date of place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings: Provided that where the petitioner alleg....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ays. Incidentally, even 13.4.1990 was a holiday when the High Court and its office was closed, but that is not of any significance since the last day of limitation was 14.4.1990. There is no controversy that the provisions of the Limitation Act, 1963 are not applicable to the election petitions required to be presented under the R.P. Act and, therefore, Section 4 of the Limitation Act is of no avail. The only question is whether Section 10 of the General Clauses Act, 1897 applies to an election petition to permit filing of the election petition on the date when the High Court opened after the holidays. If Section 10 of the General Clauses Act is applicable then the election petition presented on 16.4.1990 was within the time prescribed by sub-section (1) of Section 81 and there would be no noncompliance of that provision to attract Section 86(1) of the R.P. Act requiring dismissal of the election petition as time barred. The submission of Shri Jethmalani is that the R.P. Act is a self-contained Code and, therefore, no provision outside the Act can be imported for the purpose of computing the limitation for presentation of an election petition. On this basis, he submitted that Se....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he Rules framed under the R.P. Act according to the words then used in subsection (1) of Section 81. Rule 119 of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951 (for short "1951 Rules"), prescribed that period. The 1951 Rules also contained Rule 2(6) which expressly provided for the application of the General Clauses Act to the provisions in the Rules. A similar question relating to applicability of Section 10 of the General Clauses Act arose when the limitation was prescribed by the Rules as required by the then existing sub-section (1) of Section 81 in, H.H. Raja Harinder Singh vs. S. Karnail Singh, 1957 SCR 208. It was held by this Court that Section 10 of the General Clauses Act is applicable to the presentation of election petitions. Thereafter, the same view has been taken in Hukumdev Narain Yadav vs. Lalit Narain Mishra, 1974 (3) SCR 31; Hari Shankar Tripathi vs. Shiv Narayana Rao vs. M. Budda Prasad and Others, 1994 Suppl. (1) SCC 449 = 1991 (1) SCJ 281. The later decisions were in relation to election petitions filed after amendment of Section 81(1) by Act 27 of 1956 prescribing the limitation in this Section itself. Shri....
X X X X Extracts X X X X
X X X X Extracts X X X X
....imitation in sub-section (1) of Section 81 itself by substitution of certain words by Act 27 of 1956 instead of prescribing the limitation by Rules, was with a view to exclude the applicability of Section 10 of the General Clauses Act. The change appears to have been made to provide for a fixed period in the Act itself instead of leaving that exercise to be performed by the rule making authority. An express provision in Rule 2(6) of the 1951 Rules was required since the General Clauses Act ipso facto would not apply to Rules framed under the Central Act, even though it would to the Act itself. The context supports the applicability of Section 10 of the General Clauses Act instead of indicating its exclusion for the purpose of computing the limitation prescribed in sub-section (1) of Section 81 for presentation of election petition. In view of the basic premise that the election petitioner is entitled to avail the entire limitation of 45 days for presentation of the election petition as indicated by Ramlal (supra), if the contrary view is taken, it would require the election petitioner to perform an impossible task in a case like the present, to present the election petition on t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....aras 32 and 33 of the election petition to certain video cassettes, the contents of which are deemed to be incorporated by reference in the election petition, and since the video cassettes or a transcript of its contents was not filed along with the election petition and was not supplied with the copy of the election petition to the respondent (returned candidate), it is argued, that it has resulted in non-compliance of Section 81(3) which attracts Section 86. No further reference to the audio cassettes is necessary since the audio cassettes were not produced even at the trial and were not relied on by the election petitioner for proof of the corrupt practice. These video cassettes were later produced at the trial but the subsequent production of the video cassettes at the trial, it is urged, does not cure the defect of non-compliance of Section 81(3). In reply, Shri Ashok Desai submitted that the video cassettes did not form part of the election petition as the contents thereof are not incorporated by reference in the election petition and, therefore, non-production of the video cassettes or their transcript with the election petition and failure to annex the same to the copy of t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....shold under Section 86 of the R.P. Act. Section 86 empowers the High Court to dismiss an election petition at the threshold if it does not comply with the provisions of Section 81 or Section 82 or Section 117 of the Act, all of which are patent defects evident on a bare examination of the election petition as presented. Subsection (1) of Section 81 requires the checking of limitation with reference to the admitted facts and subsection (3) thereof requires only a comparison of the copy accompanying the election petition with the election petition itself, as presented. Section 82 requires verification of the required parties to the petition with reference to the relief claimed in the election petition. Section 117 requires verification of the deposit of security in the High Court in accordance with rules of the High Court. Thus, the compliance of Section 81, 82 and 117 is to be seen with reference to the evident facts found in the election petition and the documents filed along with it at the time of its presentation. This is a ministerial act. There is no scope for any further inquiry for the purpose of Section 86 to ascertain the deficiency, if any, in the election petition foun....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Hande and others etc. etc., 1983 (2) SCC 473 was distinguished and it was pointed out that M. Karunanidhi (supra) did not depart from the ratio laid down inSahodrabai Rai (supra). Para 15 of the decision in A. Madan Mohan (supra) is as under: "This decision in no way departs from the ratio laid down in Sahodrabai case. The aforesaid case, however, rested on the ground that the document (pamphlet) was expressly referred to in the election petition and thus became an integral part of the same and ought to have been served on the respondent. It is, therefore, manifest that the facts of the case cited above are clearly distinguishable from the facts of the present case. Furthermore, the decision in M. Karunanidhi case has noticed the previous decision and has fully endorsed the same." (at page 292) This decision by a 3-Judge Bench also indicated that this stringent provision must be construed literally and strictly. Para 13 of the decision is as under: "It is a well settled principle of interpretation of statute that wherever a statute contains stringent provisions they must be literally and strictly construed so as to promote the object....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ocument, the copy is an incomplete copy of the election petition and, therefore, there is non-compliance of Section 81(3). In the other situation, the document annexed to the petition is mere evidence of the averment in the election petition which incorporates fully the contents of the document in the body of the election petition and, therefore, non-supply of a copy of the document is mere non-supply of a document which is evidence of the everments in the election petition and, therefore, there is no non-compliance of Section 81(3). In U.S. Sasidharan (supra), this distinction is clearly brought out as under: "........ The material facts or particulars relating to any corrupt practice may be contained in a document and the election petitioner, without pleading the material facts or particulars of corrupt practice, may refer to the document. When such a reference is made in the election petition, a copy of the document must be supplied inasmuch as by making a reference to the document and without pleading its contents in the election petition, the document becomes incorporated in the election petition by reference. In other words, it forms an integral part of the ele....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he gist of these decisions which also indicates that the question has to be answered with reference to the kind of use made of the document annexed to the petition, whether as an integral part of the election petition or merely as evidence of the pleadings contained in the body of the election petition. In the present case, the video cassettes, non-supply of a copy of transcript of which is urged by Shri Jethmalani to be a ground for non-compliance of Section 81(3), were not even filed in the High Court with the election petition in the High Court. This is, therefore, not a case of non-supply of a copy of a document which was filed along with the election petition. What was supplied to the returned candidate in the present case, was a true copy of the election petition as it was presented in the court without the video cassettes of which mere mention was made without incorporating its contents by reference of enumerating it in the election petition. It is not the case of the election petitioner that the full contents of the video cassettes or their transcripts are incorporated by reference in the election petition in order to make the video cassettes an integral part of the elec....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he speeches of Manohar Joshi, Bal Thackeray and Pramod Nawalkar, he urged that the specific pleading contained in the body of the election petition alone requires consideration, excluding all other material brought on record during the trial which is an impermissible addition to the record on account of a serious mistrial resulting from the unusual procedure adopted by the learned trial Judge in the High Court. Shri Jethmalani referred copiously to the evidence to support his submission that the learned trial Judge himself directed a witness to search for certain documents and produce them in addition to extensively crossexamining that witness himself to bring on record a log of material which is wholly irrelevant and inadmissible. In sort, his submission is that on the basis of the only pleading contained in the body of the election petition and the admissible and relevant evidence alone, no corrupt practice under sub-section (3) or sub-section (3A) of Section 123 is made out. Some other questions arising out of the remaining arguments of Shri Jethmalani and reply of Shri Ashok Desai which are referred later, have to be considered with reference to the pleadings of the parties.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ties like Janata Dal, etc." "5. The Petitioner states that before setting out the nature of corrupt practices committed by the first respondent, it is necessary to give certain facts which have transpired in India over the last one decade, which are as under: xxx xxx xxx (o) The petitioner states that all the aforesaid facts show that the said two parties, viz; BJP and Shiv Sena have systematically exploited various unfortunate disputes set out hereinabove so as to seek votes during the parliamentary election and the election in question in the name of 'Hindutva' i.e. Hindu religion." "7. The petitioner states that accepting a candidature in the election of the said alliance meant that the said particular candidate had accepted the basic concept and plank on which the said two parties were jointly contesting the elections for the Assembly. It further meant that the candidate accepted Bal Thackeray, Pramod Mahajan, Kirti Somaiya as their leaders and consented to the said leaders making an appeal to vote for the candidates of the said alliance. It further meant that....
X X X X Extracts X X X X
X X X X Extracts X X X X
....made at the said meeting by the leaders of the said alliance are as under: (a) To handle the Congress-I hoodlums the Shiv Sainiks may take law in their hands and use firearms if necessary (Thackeray). (b) To save 'Hindutva' vote for BJP-sena Nominees (Pramod Mahajan, BJP MP). (c) Mr. Rajiv Gandhi does not know his own religion, and thus has no right to speak on Hinduism (Pramod Mahajan). (d) The result of these elections will not only depend on the solution to the problem of food, cloth but the same will also decide whether in the state the flame of Hindutva will grow or will be extinguished. If in Maharashtra the flame of Hinduism is extinguished, then anti-national Muslims will be powerful and they will convert Hindustan into Pakistan. If the flame of Hindutva will grow then in that flame the anti national Muslims will be reduced to ashes (Pramod Mahajan). (e) We must protect 'Hindutva' at all costs and for that we must not allow the saffron (Bhagwa) of Shri Chhakravarthi Shivaji Maharaj to fall from our shoulders (Pramod Mahajan). (f) Rajiv Gandhi speaking on Hindutva is like a prostitute lecturing on fidelity. The coun....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ttes and audio cassettes discloses promises, appeals, exhortations and inducements to the voters to vote for the said alliance and their candidates. The said cassettes show that the said alliance has scant respect for the religious beliefs and practices of other religions like Muslims, Christians etc. Not only the other religions are ridiculed but the followers thereof are termed as "traitors" and "betrayers". Under the guise of protecting Hindu religion/Hindutva the said cassettes attach other religions and whips up lowered instincts and animosities. The concept of secular democracy is totally eliminated. It generates powerful emotions by appealing to the Hindu voters to vote for the candidates of the alliance on a false impression given to voters that only the alliance and its candidates can protect Hindu religion. The petitioner will rely upon the visuals which have the aforesaid effect on the voters. The petitioner also craves leave to refer to and rely upon the said video cassettes as and when produced. 33. The petitioner states that the said alliance had also issued audio cassettes wherein the speeches of the leaders of the said alliance like Bal Thackeray, at variou....
X X X X Extracts X X X X
X X X X Extracts X X X X
....or whips up lowered instincts and/or animosities as alleged or at all. This respondent denies that the said cassettes or either of them had appealed to the voters in the name of religion as alleged. This respondent submits that it has been held by the Supreme Court of India innumerable cases that whenever a reference is made in the election petition to a document, and the document includes an audio or video cassette, copy of such document must be supplied along with the Election Petition to the concerned Respondent inasmuch as by making a reference to the document and without pleading its contents in the Election Petition, the documents becomes incorporated in the Election Petition by reference. It becomes an integral part of the Election Petition under Section 81 and as required by Section 81 when document forms an integral part of the petition and the copy of the said document is not furnished to the Respondent alongwith the Election Petition, copy of the Election Petition will not be a true copy within the meaning of Section 81 and the same is liable to be dismissed under the provisions of Section 86. paragraph 32 of the Petition does not give any material particulars about the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....or the reasons mentioned above, the Petition is liable to be and should be dismissed with costs." It would also be appropriate to quote the issues framed on 9.1.1992 by the High Court on these pleadings, as under "1. Whether the Respondent has committed any of the corrupt practices as defined in Section 123(3) of the Representation of Peoples Act, 1951 as alleged in the Petition ? 2. Whether the Election Agent or any other Agent of the Respondent has committed any of the corrupt practices as defined in Section 123(3) of the Representation of Peoples Act, 1951 as alleged in the Petition ? 3. Whether any other person with the consent of the Respondent or his Election Agent has committed any of the corrupt practices as defined in Section 123(3) of the Representation of Peoples Act, 1951 as alleged in the Petition ? 4. Whether the Respondent has committed any of the corrupt practices as defined in Section 123(3A) of the Representation of Peoples Act, 1951 as alleged in the Petition ? 5. Whether the Election Agent or any other Agent of the Respondent has committed any of the corrupt practices as defined in Section 123(3A) of th....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 123, in order to constitute that corrupt practice it must further be shown that the act was done during the election campaign between 8.2.1990 when the returned candidate became a 'candidate' and 27.2.1990 the date of poll, and that it was the act of the candidate or his agent or any other person with his consent. Unless all these constituent parts of the corrupt practice are pleaded to constitute the cause of action raising a triable issue and are then proved by evidence, the corrupt practice cannot be held to be pleaded and proved. If the act attributed is by the display of a video cassette recorded some time earlier, the display being between the above dates in the constituency, a mere display of the video cassette does not prove all the constituent parts of the corrupt practice, inasmuch as it must also be pleaded and proved that such display was by the candidate or his agent or any other person with his consent. Where the display of the cassette is attributed to any other person with the consent of the candidate, the liability of the candidate for commission of the corrupt practice results vicariously from the act of the other person done with the consent of the candidate. In....
X X X X Extracts X X X X
X X X X Extracts X X X X
....1963); or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or (c) that any nomination has been improperly rejected; or (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent, or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, the High Court shall declare the election of the returned candidate to be void. (2) If in the opinion of the High Court, a returned candidate has been quality by an agent, other than his election agent, of any corrupt practice but the High Court is satisfied (a) that no such corrupt practice was committed at the election by the c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eneral law to punish the makers of such incendiary speeches for the offences committed by them in the form of electoral offences e.g. under Section 125 of the R.P. Act and Sections 153A, 153B and 295A of the Indian Penal Code. Thus even if the acknowledged leaders of a party have committed any corrupt practice which results in benefit to the returned candidate then on proof of the benefit having materially affected the election result in favour of the candidate, his election would be set aside on the ground under Section 100(1)(d)(ii) of the R.P. Act. There is thus no occasion to read into the ground in Section 100(1)(b) or the definition of "corrupt practice" the implied consent of the candidate for any act done by a leader of that party to dispense with a clear pleading and proof of the candidate's or his election agent's consent as a constituent part of the corrupt practice for the ground under section 100(1)(b) of the R.P. Act. It may also be mentioned that the proposition suggested in the argument of Shri Desai does not appear to be correct. Whenever the requirement is of consent, it must be free consent given by the giver of the consent, of his own volition. Ordinarily, it....
X X X X Extracts X X X X
X X X X Extracts X X X X
....no more for the purpose of pleading corrupt practice in the election petition against a particular candidate. In para 16 of the election petition apart from some general pleading, there is reference to a speech at Shivaji Park, Dadar on 24.2.1990 by Bal Thackeray and some other leaders who have not been named therein except for the appellant (respondent in the election petition). In para 17, the alleged offending portions of the speeches of those leaders of the BJP-Shiv Sena alliance have been enumerated. These portions are from speeches alleged to have been made by Bal Thackeray of the Shiv Sena and Pramod Mahajan of the B.J.P. Thus para 17 contains allegation of specific portions of speeches by Bal Thackeray and Pramod Mahajan for the purpose of pleading the corrupt practice. Further reference to it would be made later. Para 18 merely says that the proceedings of the meeting were tape-recorded and taken down in shorthand by police authorities on which the petitioner would rely. Obviously this relates only to evidence of what is pleaded and does not amount to incorporation by reference of the contents of the alleged tapes and there is no enumeration of its contents in the elect....
X X X X Extracts X X X X
X X X X Extracts X X X X
....settes in the constituency, when this is an essential requirement for raising a triable issue of corrupt practice to bind the appellant with the consequences of such a corrupt practice and to invalidate his election. In our opinion, this alone is sufficient to ignore the entire pleading in the election petition relating to speeches by Bal Thackeray, Pramod Mahajan and any other leader as well as the display of video and audio cassettes since none of those acts is attributed to the appellant or his election agent. For this reason, it is also not necessary to consider the specific portions alleged to form parts of speeches of Bal Thackeray and Pramod Mahajan mentioned in paras 16 and 17 of the election petition. Same is the result of pleadings in paras 32 and 33 relating to the video and audio cassettes. In para 31 there is a general averment that the speakers went on to say that on the respondent (appellant in this appeal) being elected and the said alliance establishing a Hindu Government jobs would be given to all Hindus. No speaker is specifically named and what is alleged to have been said by the appellant in his speech in the meeting held on 24.2.1990 is contained only in para ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ition is based upon the above mentioned plank and/or policy decision of the Shiv Sena and B.J.P. and the campaigning by the party and the Respondent on the basis of that plank. ......" (emphasis supplied) In our opinion, it is this erroneous impression of the High Court which has led to the serious errors committed during the trial for which the parties are equally to blame inasmuch as both sides contributed to the expansion of the legitimate scope of the trial by introducing matters which have no relevance for the pleading and proof of the corrupt practices under sub-sections (3) and (3A) of Section 123 for the purpose of the ground under Section 100(1)(b) to invalidate the election, which is the true scope of this election petition. Before we take up for consideration the corrupt practice attributed to the appellant himself in para 30 of the election petition based on his own speech on 24.2.1990, it would be appropriate at this stage to refer to the argument based on Section 99 of the R.P. Act. Non-compliance of Section 99 of the R.P. Act -------------------------------------------- Admittedly, no notice was given to Bal Thackeray, Pramod M....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d in section 100, the expression "agent" has the same meaning as in section 123." The opening words in Section 98 are "At the conclusion of the trial of an election petition the High Court shall make an order". There can be no doubt that Section 98 contemplates the making of an order thereunder in the decision of the High Court rendered 'at the conclusion of the trial of an election petition'. Declaration of the election of any returned candidate to be void in accordance with clause (b) is clearly to be made in the decision of the High Court rendered at the conclusion of the trial of an election petition and not at an intermediate state. Clauses (a), (b) and (c) in Section 98 contemplate the different kinds of orders which can be made by the High Court in its decision at the conclusion of the trial which has the effect of disposing of the election petition in the High Court. There is nothing in Section 98 to permit the High Court to decide the election petition piecemeal and to declare the election of any returned candidate to be void at an intermediate stage of the trial when any part of the trial remains to be concluded. Sub-section (1) of Section 99 begins with the w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nature of that practice. thus the trial is only one at the end of which the order made by the High Court must record the names of all persons, if any, who have been proved at the trial to have been quality of the corrupt practice and the nature of that practice. It follows that the High Court cannot make an order under Section 98 recording a finding of proof of corrupt practice against the returned candidate alone and on that basis declare the election of the returned candidate to be void and then proceed to comply with the requirement of Section 99 in the manner stated therein with a view to decide at a later stage whether any other person also is quality of that corrupt practice for the purpose of naming him then under Section 99 of the R.P. Act. It is equally clear that the High Court has no option in the matter to decide whether it will proceed under Section 99 against the other persons alleged to be quality of that corrupt practice along with the returned candidate inasmuch as the requirement of Section 99 is mandatory since the finding recorded by the High Court requires it to name all persons proved at the trial to have been quality of the corrupt practice. The expression....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n taking a different view. No notice under Section 99 was given by the High Court before making the final order under Section 98 of the R.P. Act declaring the election to be void. This is a fatal defect. This alone is sufficient to indicate that apart from the reasons given earlier, the election of the appellant in the present case could not be declared void by making an order under Section 98 on the ground contained in Section 100(1)(b) of the R.P. Act without prior compliance of Section 99. Absence of notice under Section 99 of the R.P. Actvitiates the final order made under Section 98 by the High Court declaring the election to be void. However, in the present case, the remaining pleadings being ignored for the reasons already given, no further question arises of the effect of non-compliance of Section 99 in respect of these other persons because the finding of corrupt practices against the appellant based on the speeches of these other persons and the video and audio cassettes has to be set aside for the reasons already given. This is yet another instance of a serious defect in the trial of this election petition by the High Court. Speech of appellant -----------------....
X X X X Extracts X X X X
X X X X Extracts X X X X
....othing when viewed in proper perspective after ignoring from consideration the copious unnecessary, frivolous or vexatious pleading in the election petition and consequently in the written statement which was liable to be struck out under Order 6, Rule 16, C.P.C. We may refer to the decision in Jamaat-e-Islami Hind etc. vs Union of India, (1995) 1 SCC 428, wherein the requirement of valid adjudication by the Tribunal under Section 4 of the Unlawful Activities (Prevention) Act, 1967 was indicated for the purpose of confirming the declaration made by the Central Government under sub-section (1) of Section 3 that Jamaat-e-Islami hind is an unlawful association as defined in the said Act. The Tribunal's order confirming the declaration made by the Central Government was quashed on the ground that the entire material on which the declaration was based, was inadequate for the purpose, even though the Tribunal is not required to confine itself only to strict legal evidence admissible under the Evidence Act. A 3-Judge Bench, speaking through one of us (J.S. Verma, J.), held as under: "..... The only material produced by the Central Government to support the notif....