Jagmohanlal Sinha - The Case

The Case

Dr Jagmohanlal Sinha presided on the election petition Number Five filed by petitioner Mr. Raj Narain against Mrs Indira Gandhi, the Prime Minister of India, in 1971. The petition challenged her election to the Lok Sabha - (The Indian Parliament) in 1971 from the Rae Bareli (A traditional seat of Congress) parliamentary constituency in Uttar Pradesh. The constituency of Rae Bareily was the home of both the petitioner and Indira Gandhi.

The hearing of the case took more than four years. The case concluded on May 23, 1975 but the judgement was not announced immediately. It was pronounced that the judgement will be pronounced on June 12, 1975. June 12, 1975 witnessed courtroom No. 24 packed by lawyers, media and general public. Justice Jagmohanlal Sinha read only the operative part of his judgement. The judgement in itself ran into 258 pages. Indira Gandhi was declared guilty of corrupt practices and her election to the Lok Sabha was declared null and void. She was charged under Section 123(7) of the Representation of People Act. She was also disqualified from contesting elections for a period of six years.

Jagmohanlal Sinha was a man of utmost regard to rule of law and democracy. In dealing with the case he was polite and courteous. But he also maintained the sanctity of his seat of the Judge of the High Court of Allahabad. He announced before hearing Indira Gandhi's case as well, that people should rise only when the judge enters the room as per the custom and for no other person. This is symbolic that no person is superior to the law.

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