PREFACE

The recent judgment of the Hon'ble Supreme Court uphold- ing contention urged by the appellants before it, belong- ing to Shiv Sena and B.J.P. to the effect that an appeal to the voters to vote for Hindutwa/Hinduism by itself does not amount to an appeal to vote on the 5round of religion which is a corrupt practice within the meaning of Section 123 of the Representation of People Act, 1951, constitutes the most important land mark in the history of our Democracy.

All those who consider that Hinduism or Hindutwa, repre- senting the sublime values of human life, alone is the remedy for the innumerable problems and evils which the Nation is facing in the political, economical and social fields, are extremely happy for the reason that the highest Court has rejected the argument that appeal to vote for Hindutwa was an appeal on the ground of religion and has upheld the argument that it was an ideological appeal.

On the other hand, the opponents of Hinduism are highly critical of the judgment on the ground that it encourages religious fundamentalism and are demanding that the judgment be reviewed.

This book is intended to place the facts in a correct perspective and to show that the judgment is unexception- able and will help re-establishing our National Identity and to find solutions to all our problems in the light of the noble and everlasting values of life evolved in this land from times immemorial.

On behalf of the appellants the argument addressed before the Hon'ble Supreme Court by Shri Ram Jethmalani, Senior Advocate and supplemented by Shri M. Rama Jois, Senior Advocate was to the effect that

  1. Dharma which is now called Hinduism or Hindutwa, was no religion but a way of life which comprises of a code of conduct to be observed by every individual in every sphere of personal and National activity:

  2. It includes respect and equal treatment to all reli- gions,

  3. Its disregard was the root cause for the present degradation in moral values and has resulted in manifold problems and

  4. Therefore appeal to vote for Hindutwa can by no stretch of imagination be regarded as an appeal to vote on the ground of religion.

The first part of the book reproduces the written submis- sions filed in this regard by Shri M. Rama Jois, Senior Advocate, together with the relevant extracts from the Annexures and/or Authorities produced before the Court. The second part of the book contains the relevant portion of the Judgment of the Hon'ble Supreme Court. The third part of the book contains a write up by Shri M. Rama Jois in reply to the criticisms of the Judgment of the Hon'ble Supreme Court made in a few articles published in various newspapers.

We are thankful to Shri M. Rama Jois, Senior Advocate in Supreme Court, for providing us this timely and relevant compilation for publication.

Publications

IN THE SUPREME COURT OF INDIA
ELECTION APPEAL NO. 2836/1989

Between :


Dr. Ramesh Yeshwant Prabhoo                        Appellant


And:


Prabhakar Kashinath Kunte And Others               Respondents
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