Thursday, March 3, 2011

British Deputy High Commissioner to Karnataka -Richard Hyde to visit Karwar on March 7

British Deputy High Commissioner to Karnataka, Richard Hyde, will visit Karwar on March 7, according to a press release from the British Deputy High Commission, Bangalore. He will meet senior government officials and those well-known in media and business circles and prominent citizens in Uttara Kannada.

According to the release, he will hold discussions on regional issues, political and social aspects of Karwar in general and Uttara Kannada in particular. This is to improve his understanding of the region's social, economic, cultural and political trends and developments. Officials of the British Deputy High Commission in Bangalore have visited Karwar and completed the formalities. They met the Deputy Commissioner, Superintendent of Police and the zilla panchayat Chief Executive Officer of Uttara Kannada and held discussions about the visit of Mr. Hyde.



News in SahilOnline and The Hindu


Earlier in The Hindu and in Times of India - British Deputy High Commission established at Bangalore



Bangalore: The city now has a new British Deputy High Commission which was inaugurated by Governor H.R. Bhardwaj on Thursday. British Deputy High Commissioner Richard Hyde told press-persons here that Bangalore and Karnataka, more widely, have greatly increased in importance to the U.K. “We have retained a strong trade relationship, but we also now enjoy wider and deeper academic and cultural links. The political economy of Karnataka is of tremendous importance to the wider bilateral relationship, and the State is well represented in the Union Government. A key part of my role will be to engage with political leaders and commentators of every persuasion throughout the State,” he said.
The U.K. had recognised the importance of Bangalore long before the others and invested in developing a strong commercial relationship. “But the wider political economy, culture, academic, science and technology communities in Karnataka are the key to Britain’s relationship with India. In the coming months, the British Deputy High Commission will focus on engaging with these groups,” he added.
About the High Commission’s Climate Change Programme in India, he said that the programme was focussed on promotion of a “low carbon, high growth” economy. “This includes supporting development and expansion of renewable energy, energy efficiency and enabling policies. We are assessing the feasibility of promotion of renewable energy in several States, including Karnataka. We hope to work with civil society organisations, think tanks and businesses to look at ways of using industrial innovation to mitigate the impact of climate change,” he said.
The British Deputy High Commission, he said, would organise more outreach events in cities across the State, including Belgaum, Hubli-Dharwad and Mangalore. “We will be holding a British event in Mangalore in October, the first of what I hope will be many outreach events,” he added.
Later, the Governor welcomed the opening of the new Deputy High Commission. “The relations between India and the United Kingdom are historic. We are similar on various counts. For example, our legal system and civil services are gifts of the British. We also speak the same language,” he said.

Richard Hyde, British deputy high commissioner to Karnataka, visited Mangalore and met officials of the deputy commissioner’s (DC) office on Wednesday March 25 2009. - Daiji World
Uttara Kannada district has several scenic spots that draw tourists. There is good scope for investors to invest money on tourism and health-related projects, said Richard Hyde, Deputy British High Commissioner to India. He was speaking to media persons on Sunday night during his visit to Karwar to explore the business opportunity in Uttara Kannada. 
- Sahilonline.org

Wednesday, January 26, 2011

Another Govt Imposed Project on Karwar - with a Happy Ending...

Fishermen on Monday owed to oppose handing over of the beach land to the Coast Guard and construction of a helipad there. They declared that they would launch a struggle to protect their right to use the seashore. They took out a silent procession in Karwar under the banner of Harikantra-Karvi Fisheries Cooperative Society. In a memorandum submitted to the Deputy Commissioner, the fishermen said that they had been carrying out fishing activities for generations on the Karwar beach. The beach was being used to dry fish, and keep their boats and nets. The memorandum referred to the report of Swaminathan committee which favoured strict enforcement of CRZ rules. Even the Supreme Court had directed the Government to provide protection to people who lived in the forests and on the beaches and banks of rivers, it said.
http://www.sahilonline.org/english/news.php?cid=1&nid=10071


Several social and fishermen organizations have threatened to launch an agitation against handing over part of Karwar beach to the Indian Coast Guard. Members of 10 organizations on Friday said when thousands of acres of unused acquired land are with the defence ministry in Karwar, what was the necessity of handing over civilian area, that too without taking Karwar residents into confidence? They demanded that the order be cancelled immediately.

http://timesofindia.indiatimes.com/city/bangalore/Karwar-fishermen-up-in-arms/articleshow/7288025.cms



Members of the fishermen community on Monday took out a huge procession in Karwar to protest against the construction of the Coast Guard office and helipad on Karwar beach. Fishermen under the banner of Harikantra Karvi Fisheries Co-operative Society began their silent protest march from Mitra Samaj ground and culminated at deputy commissioner's office. The protesters also wore a black ribbon as a mark of protest. In a memorandum to the deputy commissioner, the fishermen said they have been conducting traditional fishing activities for generations at the Karwar beach. Apart from fishing activities, the beach is used to park boats and store their nets. Most of the fishermen use the beach to dry their fish before selling it, they said. They said some vested interests were creating one problem or the other to the community by bringing new projects to the beaches and opposed the move of the district administration, which had sanctioned a part of the beach land to some private companies and the Coast Guard. The memorandum cited the report of Swaminathan Committee which had demanded the strict enforcement of the CRZ rules. Even the Supreme Court in its judgment in 2000, had directed the government to provide protection to the people who live in forests and near the sea and beaches and on the banks of the rivers, thereby protecting the bio-diversity and natural resources. The fishermen `alleged' that by handing over 16 acres of the beach to the Coast Guard, the fishermen community will be left in the lurch. The Coast Guard has put up the boards on the beach prohibiting the entry of the people on the land and has violated the fundamental rights of the fishermen, the memorandum said. Deputy commissioner B N Krishnaiah received the memorandum and assured them that he would take the issue to the notice of the government. Fishermen leaders Gaja Surangekar, Prasad Karwarkar, P M Tandel and Ravindra Pawar addressed the protesters.

http://timesofindia.indiatimes.com/city/hubli/Fishermen-hold-protest-against-land-allotment/articleshow/7356136.cms



Indian government notifies new coastal regulation zone

In a move that could protect the livelihood of seven million fishing families, promote economic activity in the coastal region and preserve coastal ecology, the Ministry of Environment and Forest notified the Coastal Regulation Zone notification, 2011. The new notification replaces CRZ 1991. The minister for environment and forests, Mr Jairam Ramesh said that “In the latest notification the ‘no development zone' is being reduced from 200 meters from the high tide line to 100 meters only to meet the increased demands of housing of fishing and other traditional coastal communities. This is one of the major differences between CRZ 2011 and CRZ 1991.” Responding to a question, the minister said that any economic activity including power plants, ports and industrial enterprises could be permitted in the coastal area. He said that “India must get used to power plants being located in water areas. They require imported coal, gas and even uranium … all this necessitates that power plants be allowed in water areas.” Economic activity will, however, not be allowed in the no development zone in the high tide line. The new CRZ has special provision for Goa, Kerala, Greater Mumbai and critically vulnerable coastal areas such as Karwar and Kundapur in Karnataka, Vembanad in Kerala, Coringa, East Godavari and Krishna Delta in Andhra Pradesh and Gulf of Mannar in Tamil Nadu among others. For the first time a separate draft island protection zone notification has been issued for protection of islands of Andaman and Nicobar and Lakshadweep. Refuting charges that the latest CRZ Act was meant to benefit anyone, the Minister said that “violations of CRZ 1991 are not being condoned. What happened in Adarsh (society in Mumbai) and others will continue to be dealt with.” The Minister said that the Ministry will next week issue directives to Coastal Zone Management Authority in the various States and Union Territories to identify all CRZ violations within the next four months and initiate necessary action within four months thereafter. Mr Ramesh also announced that the Ministry was considering setting up of a River Regulation Zone to ensure that river beds are not destroyed by construction activity.

http://www.steelguru.com/indian_news/Indian_government_notifies_new_coastal_regulation_zone/185789.html




India’s 7,500km-long coastline will be governed by a new coastal regulation zone (CRZ) notification from Friday that seeks to balance the interests of fishing communities and business. Jairam Ramesh, minister for environment and forests, said the new notification will reconcile livelihoods with coastal ecology and the promotion of economic activity. In recent months, Ramesh has been in conflict with various ministries and industry over his strict implementation of environmental laws. He said the CRZ notification 2011 demonstrates a better balance between the environment and development.



http://www.livemint.com/2011/01/07222258/Coast-gets-new-code.html?atype=tp


Under the new guidelines, the entire coastline has been divided into four zones.

In zone I, which are ecologically sensitive areas such as mangrove areas of Sunderbans or turtle nesting sites, horse shoe crabs habitats and nesting grounds of birds no development activity will be allowed.

The zone II, where development has taken place close to the coasts, repair or reconstruction of old buildings and construction on landward side of existing roads will be allowed.

The third zone would be up to 200 meters of high tide line, where no new development will be allowed, except fishermen, who will be allowed development up to 100 meters of the high tide line. Repair of old structures and construction public utility services will be allowed. The zone also includes area between 200 to 500 meters of high tide line where new regulated development will be allowed.

The fourth zone would be the areas relatively undisturbed, which does not fall in zone I or II, and are mostly in rural areas. Here, all activities impugning on the area and tidal influenced water bodies will be regulated except those necessary for fishermen to carry on their traditional work.

However, the new regulations provide relaxation to special areas such as Goa, Kerala and Greater Mumbai, where environment protection has to be balanced with existing development. Here construction of roads and repair or reconstruction of old buildings will be allowed. The development works will be carried out as per town planning regulations. The state coastal zone management authorities will be required to development coastal zone management plans for these areas.

http://www.hindustantimes.com/Coastal-regulations-devised/Article1-647638.aspx



Coast Guard removes board from Karwar beach - The Hindu

Bowing to pressure and agitation by fishermen, the Coast Guard on Tuesday removed the signboards put up by it on the Karwar beach.


The Coast Guard had a few days ago put up signboards on the Karwar beach, declaring that the land belonged to the Defence Department and the area was prohibited for the general public. This had kicked up a row with the public protesting against the intrusion of the Defence establishment in a civilian area. The Coast Guard had now clarified that it had availed the land on the beach legally and it would not create any problems for the public and fishermen who used the beaches. Meanwhile, some miscreants had defaced the signboards by painting it black. On Monday, the fishermen in Karwar took out a procession against the taking over of the beach by the Coast Guard authorities. The Uttara Kannada district administration had reportedly informed the Coast Guard to go slow on the issue, as public agitation and law and order problems were expected. Although the boards were removed, it was not clear whether the Coast Guard would change its idea of building the office in Karwar. Meanwhile, in a press release, the Coast Guard clarified that providing protection to fishermen and providing assistance to them at sea while in distress and to preserve and protect the maritime environment were all its duties. For fulfilling these duties, Coast Guard needs land. The Cost Guard clarified that the Rabindranath Tagore Beach did not fall under the 9.36 acres of land allotted to it by the Government. It had no plans to impinge upon the rights of the local fishermen. The presence of Coast Guard Station would cause no hindrance to the normal activities of the public on the beach. The Coast Guard Station in Mangalore was situated along the Panambur beach and Coast Guard had never caused any interruptions to fishermen or the public. Most stations of the Coast Guard functioned alongside fishing harbours or on beaches since it was the primary duty of Coast Guard to safeguard property and life at sea. It said the fishermen of Karwar need not worry about losing their livelihoods because of setting up of Coast Guard station. The beach would be out of Coast Guard's purview of operations since Coast Guard ships and boats would be berthed at Naval harbour and Karwar Port. The presence of Coast Guard Station near the fishing area or the beach would be highly helpful to the fishermen community and also to the general public in terms of coastal security.

http://www.hindu.com/2011/01/26/stories/2011012657180300.htm




Friday, January 14, 2011

Coast Guard cautions people against trespassing near Karwar beach Land transfer

Coast Guard cautions people against trespassing near Karwar beach Land transfer



The action of the Uttara Kannada district administration of handing over the middle part of the Karwar beach to the Defence department has kicked up a new controversy. The Defence department has put up a board restricting entry to the beach.
Fourteen acres of revenue land on Karwar beach was handed over to the Coast Guard to build an office there, said K.. Narasimhamurthy, Additional Deputy Commissioner of Uttara Kannada.
What surprised people was the secrecy maintained by the Revenue Department officials on the whole process, said Rajesh Nayak, president of the Karwar Bharatiya Janata Party (BJP) unit. After acquisition of the major part of the beaches in Karwar for the Seabird project, the people of Karwar were left with a small stretch of the beach. The Revenue Department officials should have consulted the public, fishermen and the social and political organisations before handing it over. What was the reason for secrecy that they maintained in the whole deal, said Mr. Nayak. Gaja Surangekar, a fishermen leader, said the district administration had cheated the fishermen who had been using the beaches for fishing for centuries. He said that the people came to know about the transfer of land only on Tuesday when the signboards were put up. “We will launch an agitation and never allow them to snatch our right to use the sea shore,” he said.
Ratan Durgekar, a morning jogger on the beach, criticised the officials of the district administration. He said when thousands of acres of land acquired for project Seabird still remained unused in Karwar, what was the necessity to hand over a new piece of land in the civilian area to the Defence department? He said the people living around the Seabird project area faced several restrictions. A Defence office in civilian area would create more problems for the citizens of Karwar. The Tourism Department was showcasing Karwar beach to attract tourists. About Rs. 5 crore project was prepared by the district administration itself to develop the beach. Officials of the National Highway Department, who worked on the four-lanes highway that passed through the same area were unaware of land transfer. The area where the signboard was put by the Coast Guard covered forestland.
A senior Forest Department official pleaded his ignorance about this. He said that part of land on the beach belonged to the Forest Department and survey no. 108 on the beach was a forest as per records.
The projects like “green wall” on Karwar beach was taken up by the Forest Department to stop the sea erosion, sea breeze and sand accumulation on the road. Now the Defence area in forestland might create problems to implement these projects, he said.
Many beach lovers, environmentalists and fishermen organisations have threatened to launch agitation against the district administration for handing over the beach area to the Coast Guard.



Saturday, January 1, 2011

2010: A year best forgotten for Karwar - SahilOnline.org

Karwar : As 2010 comes to and end, people of the district have little to cheer about, except maybe enjoy the cold winter. The district hit the headlines when forest officials under the direction of the Lokayukta, seized nearly 8 lakh tones of iron ore at Belekeri and Karwar ports in May, on the charge of illegal transportation and stacking.

This was followed by the theft of nearly 5 lakh tones of iron ore in June. These two events had shattered the iron-ore trade in the state, forcing the government to ban ore export from ports.

While the people who suffered air and water pollution generated by the transportation and stacking of the ore, were happy with the ban, the government, particularly the CM who ordered the ban, incurred the displeasure of those involved in the ore trade, including influential politicians.

The district witnessed high political drama when Anand Asnotikar revolted against Chief Minister BS Yeddyurappa, along with a few other colleagues, He had already caused discomfiture to the Congress leaders by joining the BJP under Operations Lotus.

He sprang a surprise again by supporting an independent candidate in ZP elections in Chendiye ZP segment in Karwar taluk.

There was turmoil when four Congress leaders, including AICC members Monte Fernandez, revolted against the leadership of RV Deshpande. Their suspension and rein-statement soon after Deshpande relinquished office as KPCC president, showed his waning influence in the party. November witnessed the fourth reactor unit of Kaiga nuclear power generating station attaining criticality. However it is certain that the unit with a generating capacity of 220 MW cannot ease the power crisis in the state.

Nearly 22,000 families who encroached forest land launched forest land launched a year long movement in the district demanding forest rights under the ST and other traditional Forest Dwellers Act of 2006. Their problem still remains unresolved.

The CM, who visited the district a couple of times, made a number of promises, including sanction of special grant of Rs 100 crore for the development of the district. The promises still remain on the paper.

A boat tragedy at Tadadi fisheries harbour in which five fishermen died, prompted the government to assure of dredging activities at all fisheries and commercial harbours in the state. Again this is yet to materialize.

Source - Sahil Online
Posted By : I.G. Bhatkali

Thursday, December 30, 2010

Karwar - the new destination for this New Year - Times of India

Those headed to Goa for New Year's Eve need not return home disappointed as there's a new beach destination for an alternative. 

Many tourists who could not get rooms at lodges in Goa have arrived at Karwar where lodges and resorts are now houseful till January 5. Most of the resorts and the lodges in Goa were reserved almost three months in advance by tourists who wanted to ring in the New Year here. This caught tourists from Karnataka, Kerala and Tamil Nadu off guard. 

Police in Goa too discourage heavy inflow of travellers on the eve of New Year as it leads to chaotic traffic and poses security problems. Once the lodges and resorts in Goa are at their full capacity, police block vehicles carrying new tourists at the border till the first week of January. The threat of a terrorist attack in Goa has also had its effect with many people opting for other places to celebrate New Year. One of them being the beaches of neighbouring Uttara Kannada. The tourists visiting Karwar are mainly fromBangalore and Mysore. 

Jayant, a software engineer from Bangalore came to Goa with plans for December 31 but was left without an accommodation. So he changed routes to Karwar. Staying at a resort, he said he found the beaches of Karwar very enjoyable. "Unlike the ones in Goa, the beaches here stretch for miles. The islands in the Kali river and the scenery at the confluence of Kali and the Arabian sea are excellent," he said and plans to stay till January 2. "I intend to visit sometime next year too," he said. 

For others, unavailability isn't always the case. A group of college students from Kolar came to Goa only to find that a basic room costs between Rs3000 and 5000. They too headed to Karwar. "It is cheaper here and the place is very scenic," they said. 

Another tourist lamented that the state tourism department needed to do more to promote Karnataka as a holiday destination. Places like Murudeshwar and Gokarn are not far behind. With plenty of holidaymakers here, hotel owners, tourist guides and cab owners are a happy lot. That makes for a joyous note on which to end 2010.


Read more: Karwar's the new Goa - The Times of India http://timesofindia.indiatimes.com/city/hubli/Karwars-the-new-Goa/articleshow/7187025.cms#ixzz19ZVEFj80

Wednesday, December 29, 2010

Karwar and not Goa is the preferred destination for many, this year-end - Indian Express

Karwar and not Goa is the destination for many Bangaloreans and  Maharashtrians this year-end. There has been a heavy rush of tourists here this winter season. All resorts in town are booked up to January 2. Cashing in on the sudden boom, hotels are doing good business.
It was not too long ago that Goa was considered a tourist paradise. Karwar boasts of unparallel scenic beauty. Its 5 km long silvery beach immortalised by Rabindranath Tagore, cluster of islands in the Arabian sea, Kali river and of course the Western Ghat ranges with its green canopy protruding into the sea did not attract the tourists hitherto due to lack of facilities.
The credit goes to Uttara Kannada zilla panchayat, which first mooted the idea of exploring the tourist potential of Karwar, particularly Devabag peninsula at the mouth of the Kali. Though plans were drawn up in the early nineties, no tourism projects could be taken up here due to lack of funds. It was then the Jungle Lodges and Resorts, a state government undertaking, decided to set up a beach resort at Devbag. Later, a number of private resorts mushroomed in and around the town providing the much-needed facilities to the tourists.  
It is not merely the natural splendour that attracts tourists. Karwar is ideal for seekers of peace and tranquility. It provides an exclusive escape for secrecy and solitude. It was on the beach of Karwar that Rabindranath Tagore spent a moonlit night. The beauty of the night was the inspiration for many of his literary works, Tagore wrote in his memoirs.
For adventure lovers, there are many water sports like aqua glide ride, kayaking, water scooter, speed boat ride, snorkelling and para sailing at Devbag. The rich bio diversity of Karwar attracts botanists and environmental scientists. One can ride with fishermen in their boats deep into the sea for a thrilling experience. Swimming is not dangerous in the sea, known for its sublime calmness. Karwar sea is a  natural habitat for dolphins. During the boat ride one can spot the frolicking dolphins.
Local delicacies, particularly fresh sea food is a delight. “We come here because it is a place one only dreams of. It is a fit place to relax,” says a software engineer from Bangalore.


Source - http://expressbuzz.com/states/karnataka/tagore%E2%80%99s-inspiration-is-now-tourists%E2%80%99-spot/234501.html

Thursday, December 2, 2010

Pune Ernakulam B Weekly Superfast Train Only One Stop In Karnataka Petition - IndianVoice.org

Pune Ernakulam B Weekly Superfast Train Only One Stop In Karnataka Petition - IndianVoice.org


The Ministry of Railways on Saturday, the 27th November 2010, introduced a train connectingPune, Navi Mumbai, Goa, Mangalore and Ernakulam via Konkan Railway. Railway officials said that it will be the first train from Pune to run on Konkan Railways following a consistent demand for a regular train on this route from the Malayali community in Pune. It is among the four new ones announced in the railway budget 2010-11 by railway minister Mamata Banerjee.

Read more at: http://www.ndtv.com/article/others/panaji-a-new-train-on-the-konkan-railways-69138?cp

Train 2519/2520 Ernakulam -Pune-Ernakulam bi-weekly super fast express will leave Ernakulam on Tuesdays and Fridays at 5.15 am and will reach Pune at 5.50 am, next day. From Pune, this train will leave on Sundays and Wednesdays at 6.45 pm and will reach Ernakulam Junction at 7 pm the next day. This train will have stoppages at Thrissur, Shoranur, Tirur, Kozhikode, Thalassery, Kannur, Kasargod, Mangalore Junction, Madgaon, Savanthavadi Road and Panvel.

Read more: Ernakulam-Pune bi-weekly from today - The Times of India http://timesofindia.indiatimes.com/city/mangalore/Ernakulam-Pune-bi-weekly-from-today/articleshow/6996973.cms#ixzz16y4Jke1B

The newly started Pune-Ernakulam express train covers a distance of 353 kms in Karnataka. However, it has been given stops only at Mangalore Junction station. In Kerala, it covers 419 kms, but seven stops have been given there, at Kasargod, Kannur, Talassery, Kozhikode, Tirur, Shoranur and Trissur.

No Stop even at district headquarters like Udupi and Karwar, makes the people of the region to question the motive behind this neglect towards Karnataka.

Its High Time, people of Karwar stood up and demand for the Train to Stop at Karwar, which is a District H.Q. and wake up our respective Representatives...

Wednesday, November 17, 2010

Demand for a new Kadwad-Sunkeri Bridge

This Bridge built in the year 1963 is the only nearest connecting Link to the Villagers  of Kadwad to Sunkeri and Karwar town. Now it is in a very Dilapidated Condition. A demand for a new bridge was put forth by the people, but so far the Government has not acted upon it. The  bridge is now dangerous even for two and three wheelers, and the people, including school and college Students, fishermen, pensioners, patients and employees, have to take a round-about route of Ten Kms to reach Kadwad from Sunkeri, which is just 300 metres across the Kali backwaters, a stone's throw away.
The anger of the villagers has now acquired a new magnitude, as they have reliably learnt that the present District-In-Charge Minister - Vishweshwar Hegde Kageri has diverted the Rupees Eight Crores meant for the new bridge to his Sirsi Constituency.
 The near-disqualification of the Karwar Constituency has silenced the voice of the Kadwad villagers in the Assembly, and they have no voice to vent their demands.
The visit of the Chief Minister Dr B. S. Yeddiyurappa to Karwar Constituency to hand-over the houses to the victims of the Maadibag Hill Landslide after over a year of the incident, had kindled some hope in the minds of the local people, that the bridge could be newly constructed after all. But now it is also learnt that the Chief Minister may not visit Kadwad at all to hand-over the houses to the land-slide victims, which has again enraged the local people.
 
The apathy of the Government to respond to the needs of the people, combined with the alleged discriminatory approach of the District-In-Charge Minister, to favor his Sirsi Constituency, at the cost of the other taluks of the District, and the hasty decision of the Karwar Constituency MLA Anand Asnotikar earning his dsqualification, has watered down the hopes of the people of this Region, to see any developmental works in Karwar. The very own BJP party of the Minister is dis-illusioned about his attitude as per this Report    
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Tuesday, September 28, 2010

Cycle rally to popularize tourist spots

Chief minister B S Yeddyurappa will inaugurate a cycle jatha on October 8 at Castle Rock, said B Mallesh, Haliyal deputy conservator of forest. Addressing reporters at Haliyal on Monday, Mallesh said the two-day cycle jatha is aimed to popularize important tourist locations like waterfalls, historical spots, places of pilgrimages and beaches in Uttara Kannada district. 

The jatha, which is being carried out in connection with the Greater Canara Green Tourism, will cover 250 km from Dudhasagar Falls to Jog Falls. The jatha will begin at 8 am on October 8 and reach Jog on October 10. 

He said the jatha will showcase the green tourist spots of the district, apart from conveying a message to protect the forests and environment. It will also give job opportunities for the youths, he added. 

Cyclists of national and international fame will participate in the jatha, along with cadets of National School of Defence, Bijapur, for whom, a cycle race of 70 km will be arranged. The first three victorious candidates will be awarded the Greater Canara Parisarashri award. 

Mallesh said it is mandatory for guards, foresters, forest officers and assistant conservator of forests to participate in the rally, while interested youths, college students can also join in, he added. 

The CM will inaugurate it at the Railway school ground at Castle Rock on October 8, along with cricketer Anil Kumble, vice-president of Karnataka Wildlife Suggestion Committee. Tourism minister Janardhana Reddy will inaugurate the adventure camp and forest minister C H Vijayashankar will participate in the rally, apart from ministers, MLAs, MP, other public representatives, environment experts and writers. 

Read more: Cycle rally to popularize tourist spots - The Times of India http://timesofindia.indiatimes.com/city/hubli/Cycle-rally-to-popularize-tourist-spots/articleshow/6638418.cms#ixzz10pqYRXK8

Thursday, July 15, 2010

Karwar Politics - Prabhakar Rane vs Asnotikar Vasant Kamalakar And ... on 1 July, 2002

Prabhakar Rane vs Asnotikar Vasant Kamalakar And ... on 1 July, 2002
Equivalent citations: AIR 2002 Kant 377, 2002 (6) KarLJ 336
Bench: S Bannurmath

Prabhakar Rane vs Asnotikar Vasant Kamalakar And Anr. on 1/7/2002

ORDER

S.R. Bannurmath, J.

1. This election petition is filed questioning the election of the 1st respondent-Sri Vasant Kamalakar Asnotikar to the Karnataka Legislative Assembly from No. 172, Karwar Assembly Constituency. The petitioner and the 1st and 2nd respondents had contested in the General Election for constituting the 11th Karnataka Legislative Assembly and all these three candidates had contested from No. 172, Karwar Assembly Constituency segment. The petitioner contested as the candidate sponsored by Bharatiya Janatha Party, the 1st respondent as the candidate sponsored by Indian National Congress and the 2nd respondent sponsored by Janatha Dal. According to the petitioner, he has been contesting from No. 172, Karwar Assembly Constituency since 1983. According to him, in the years 1983, 1985 and 1993 he contested as the Indian National Congress candidate and got elected. However, in the election of 1994 he lost the election due to Anti-Establishment Movement and division in the Indian National Congress in Karnataka. According to him, in that election it was the 1st respondent who got elected. Thereafter, in the present election of 1999 he again lost in the election. Further, according to him, he lost the election because of the corrupt practices carried out by the 1st respondent. Hence, the present petition.

2. The contention of the petitioner is that the segment No. 172 of Karwar Assembly Constituency comprises of approximately one lakh and twenty-one thousand and odd voters belonging to different castes and religions. Out of the different categories of castes, according to the petitioner, there are 16 Communities which have large number of voters and whose votes decide the fate of a candidate. These communities and their population are as follows:

__________________________________________________________________

Sl. No. Caste/Community Population

_________________________________________________________________

1. Maratha 26,000

2. Komarpath 16,000

3. Bhandari 14,000

4. Fisherman Gabit 5,500

5. Harikanth Fisherman 6,000

6. Padti 8,500

7. Muslim 7,000

8. Christian 5,000

9. Dalwajnma Brahim 5,000

10. Devali 5,000

11. Halakki Vakkal 5,000

12. Brahamin 4,000

13. Kunabi 4,000

14. SC/ST 3,000

15. Gunagi 3,000

16. Napith 2,500

And others 2,700

_________________________________________________________________

It is contended that these communities are tribal like in nature and are bound by their own laws. It is stated that these castes/communities live unitedly in particular areas in a group/community basis and are controlled by their Chiefs, Headsman as well as the Priests of their principal deity and whose words are the last law for them. It is further contended that if the Chiefs or the Priests of these communities mandate the community people to do or not to do certain things and those mandates must be obeyed by one and all and, if not, the individual will be practically excommunicated and has to suffer throughout his life because of want of help from the community people.

3. The petitioner contends that taking disadvantage of these community regulations and rules, the 1st respondent had arranged series of meetings either in their principal worshipping deity's temples or in their community halls and were mandated by the Priests and the Chiefs to vote in favour of the 1st respondent. This was totally a corrupt practice, according to the petitioner. Further, in furtherance of the same, it is contended that appeals to the voters of each of these communities on the basis of their castes and communities have been carried out systematically in the meetings so arranged as well as by publication of advertisements in a local newspaper called as "Karavali Munjavu". According to the petitioner, this is the only newspaper which is widely circulated and read by each and every person in Karwar District. He contends that series of appeals to various communities through their elders and prominent persons holding key posts in the Government and Congress (I) party (1st respondent's party) have influenced the voters to cast the votes in favour of the 1st respondent.

4. Analysing the vote pattern, it is submitted that the total number of voters was 1,21,395 out of which 74,256 votes were polled which is almost 61 per cent. The petitioner got 28,546 votes whereas the 1st respondent got 42,502 votes. Thus the difference between the votes obtained by the petitioner and the votes obtained by the 1st respondent was 13,956 votes. It is stated that the votes tainted by the corrupt practices were about 60 per cent. Hence, if the 1st respondent had not resorted to corrupt practices, according to the petitioner, he would have obtained more than what the 1st respondent got in his favour. As such, the declaration the 1st respondent as the winning candidate, because of these tainted corrupt practices, is illegal and is liable to be quashed and further, as the petitioner himself was the second highest polled candidate he may be declared as 'elected'.

5. In order to establish the contentions, the petitioner has examined 18 witnesses and got marked Exhibits P. 1 to P. 34. Out of these witnesses, P.W. 1 is the petitioner himself. P.W. 2-Ashok Ganapathi Bhat is the Assistant Commissioner, who was the Returning Officer of the election. P.W. 3-Gangadhar Hiregutti is the Managing Director and Editor of 'Karavali Munjavu' newspaper, who speaks about the publication of the advertisements. P.W. 4-Ashok Hasyagar is the Editor of the newspaper 'Karavali Munjavu'. P.W. 5-Kishore Kumar Ramdas Desai is an Advocate and President of Uttara Kannada District Consumers and Welfare Association and Secretary of Nagarika Hitarakshana Samithi, Karwar. P.W. 6-Mahabaleshwar is a Tax Consultant and Social Worker. P.W. 7-Kishore Raghunath Shajwadkar is an ex-serviceman and businessman and a voter belonging to Davara Gomanthaka Samaj Community. P.W. 8-Jack Michael Fernandis is a voter belonging to Roman Catholic Christian Community. P.W. 9-Ramesh Nagappa Gowda is a voter belonging to Hindu Halakki Vokkala Community and Secretary to Nagarika Vedike and Social Worker. P.W. 10-Santhosh Damodara Mal-shekar is a voter belonging to Komar Panth Community and President of Uttara Kannada Zilla Komara Panth Yuvakara Sangha. P.W. 11-Nagesh Vishnu Padelker is a voter belonging to Gabit Samaj. P.W. 12-Santhosh Shamba Kochrekar is a voter and belongs to Hindu Padthi Samaj. P.W. 13-Promod S. Hulawar is a voter and belong to Mahar, a Scheduled Caste. P.W. 14-Pandu Rona Harikant is a voter and belong to Meenugara Harikantha Community. P.W. 15-Nityananda Shantaram Joglekar is a voter and belongs to Hindu Bhandari Community. P.W. 16-Shantha Ganapathi Mahalay is a voter and belongs to Napitha Community. P.W. 17-Nanda Shiva Pagi is a voter and belongs to Pagi Community. P.W. 18-Thuva is a voter belonging to Gunagi Community.

6. It is to be mentioned here itself that the evidence of P.Ws. 7 to 18 in general is to the effect that their respective communities were under the control of their own Samajs or Organisations which had their elders who practically controlled day in and day out activities of their communities. All these witnesses specifically contend that the Community people cannot go against the wishes or mandates of the Samajs or Organisations' elders and, if anybody dares to do so, he would be inviting much trouble not only in his profession but also in his personal and social functions like marriage, death or birth in his family.

7. At this stage itself it is also to be mentioned that immediately after the filing of the election petition, the 1st respondent died in a tragic circumstance. When the fact of the death of the 1st respondent was brought to the notice of this Court, in terms of Section 116 of the Representation of People Act (hereinafter referred to as 'the Act') notice of death of the 1st respondent and calling upon any person interested in opposing contesting the election petition was issued. In pursuance of the same, one Smt. Subhalatha Vasant Asnotikar and one Anand Vasant Asnotikar, wife and son of the deceased 1st respondent had filed application to come on record in the place of the deceased 1st respondent. This application was contested by the petitioner on the ground of limitation.

8. Considering the rival contentions and the law in this regard, by the order dated 5-1-2001 this Court rejected the applications (LA. Nos. I and II) of the said persons on the ground that the same was barred by time and especially as the provisions of Section 5 of the Limitation Act are not applicable to the case of the present nature under the Act.

9. Thereafter, the evidence of the aforesaid witnesses came to be recorded which practically went unopposed as there is no cross-examination by any other respondents. It is also to be noted that, as the recording of evidence on behalf of the petitioner came to an end, one more application came to be filed by one Tulasidas Naik claiming to be a voter and interested in the same relief, viz., getting himself impleaded in this petition. However, following the ruling of this Court on I.A. Nos. I and II, these applications (I.A. Nos. IV and V) were also rejected by this Court on 22-1-2002 as barred by time. I am informed at the Bar that these orders were challenged in special leave petitions before the Hon'ble Supreme Court. But, the Hon'ble Supreme Court has dismissed the special leave petitions at this admission stage itself. As such, as stated earlier, the evidence on behalf of the petitioner has practically remained unchallenged and uncontroverted because of there being no cross-examination.

10. Learned Counsel for the petitioner taking me through various provisions of the Act especially Section 123(3) and (3-A) vehemently contended that, as demonstrated by the petitioner through oral and documentary evidence that there were systematic appeals to the voters on the basis of castes and communities through paper publications and advertisements, there were series of appeals to various communities through their elders holding key posts and belonging to Congress (I) Party, the party of the 1st respondent, holding various meetings by community people which attended by the 1st respondent wherein various services rendered by the 1st respondent were highlighted for probable and unequivocal support to the 1st respondent was obtained either by mandate or dictates issued by the community elders, Chiefs and Priests. This according to the petitioner amounts to corrupt practices coming within the mischief of Section 123(3) and (3-A) of the Act. Learned Counsel for the petitioner also highlighted taking me through the entire evidence regarding the castes and number of voters belonging to each of the 17 communities to contend that the petitioner has succeeded in demonstrating how the 1st respondent has influenced each of these community people to cast vote in his favour by using Community Chiefs, Heads of the Samajs and Priests. The learned Counsel has also relied upon the evidence of the Editor and Managing Director of the newspaper as well as production of the newspaper items - advertisements - to contend that the very fact of publication of these advertisements by which all these communities made through elders to support the candidature of the 1st respondent and practically issuing mandate to each of the entire community people amounts to corrupt practice. It is also contended that, as the evidence of the various voters belong to different communities indicate practically a decision was taken at the community meeting by the Heads of the communities and was imposed on the voters practically amounting to mandates or dictates with undisclosed threat of the consequences and not following the dictates. Thus, it is contended that all these votes even with moderate estimate of 20,000 were to be held to be void because of the corrupt practice and, if so, declare the number of votes secured by the petitioner would be apparently more than what was secured by the 1st respondent and as such not only the election of the 1st respondent is to be annulled but also the petitioner is entitled to be declared as successful candidate.

11. To emphasise his arguments, the learned Counsel for the petitioner has relied upon the following decisions:

1. Samant N. Balakrishna v. George Fernandez and Ors., ;

2. Chandrakanta Goyal v. Sohan Singh Jodh Singh Kohli, AIR 1996 SC 86 ;

3. Lalroukurig v. Haokholal Thangjom, (1969) 4 1 ELR 35 (SC) : 1969 UJ (SC) 12;

4. S. Harcharan Singh v. S. Sajjan Singh and Ors., ;

5. M. Chenna Reddy v. V. Ramachandra Rao and Anr., (1968) 40 ELR 390 : 1968(8) DEC 337 (SC);

6. Ramakant Mayekar v. Smt. Celine D'Silua, ;

7. Jamana Prasad Mukhariya v. Lachhi Ram and Ors., AIR 1954 SC 686;

8. T. Nagappa v. T.C. Basappa and Ors., ; and

9. Kultar Singh v. Mukhtiar Singh, .

12. Taking into considerations of the petitioner, this Court had framed the following issues for consideration;

1. Whether the petitioner proves that the 1st respondent or his agent or any other person with the consent of the 1st respondent or his election agent appealed the voters of No. 172, Karwar Assembly Constituency to vote or refrain from voting on the ground of his religion, caste and community which amounts to corrupt practice as per Section 123(3) and (3-A) of the Act?

2. Whether the petitioner proves that the election of the 1st respondent is liable to be declared as null and void on that count corrupt practice and whether the petitioner is entitled to be declared as elected from No. 172, Karwar Assembly Constituency to the Karnataka Legislative Assembly?

3. What order?

13. Before going into the merits of the case it would be necessary to keep in mind the law declared by the Apex Court in respect of the pleadings, evidence, its appreciation, etc., in election petition cases. This is more so to be considered and strictly followed especially in the present case wherein the petition and the evidence adduced by the petitioner has remained practically unchallenged.

14. A few of the well-settled judgments are as follows:

1. D.P. Mishra v. Kam,al Narayan Sharma, ;

2. Hem Raj v. Ramji Lal, ;

3. Gadakh Yashwantrao Kankarrao v. E.V. alias Balasaheb Vikhe Patil, .

15. In all these and other cases the settled law and the principles laid down are as follows:

(1) That the charge of corrupt practice is to be proved like a criminal charge and that the same standard of proof as is required in criminal cases is to be applied in the testing of evidence of corrupt practice in an election petition.

(2) The allegations of corrupt practices must be established by clinching and impeachable evidence.

(3) Vague allegations and discrepant evidence may only create a doubt but then the charge of corrupt practices cannot be held to be proved on mere lurking suspicion or doubt.

(4) Requirement of proof of corrupt practices is higher and is confined to restrict legal evidence.

(5) The proof of corrupt practice vitiates the election by itself. It is not necessary to prove in such a case, that it has materially affected the election. It is therefore necessary that such corrupt practices must be clearly alleged and cogently established.

16. Keeping in view these principles let me consider the case on hand.

17. As noted earlier the only grounds of challenging the election of the respondent 1 are the corrupt practices as per Section 123(3) and (3-A) of the Act.

Section 123(3) reads as follows:

"The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, such as the national flag or the national emblem for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate".

18. The petitioner has also invoked provisions of Section 123(3-A).

This provision defines another type of corrupt practice. It states the promotion of or attempt to promote, feeling of enmity or hatred between different classes of the citizens of India on ground of religion, race, caste, community or language, by candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

(a) The pleadings and the evidence of the petitioner in this regard are the series of appeals to various communities through their leaders holding key posts and all belonging to the political party of respondent 1;

(b) Holding of various meetings by the community Heads to declare support in favour of respondent 1 and in most of these meetings respondent 1 was present;

(c) Publications of advertisements in the only local and much read daily newspaper called 'Karavali Munjavu' by various communities, in which systematic appeals were made by very prominant persons of each community who also hold important posts either in the Government service or in the local bodies all belonging to the party of the returned candidate.

19. Again, before going into the evidence in this regard it would be necessary to analyse the provision of Section 123(3) which is in four parts:

(a) There should be an appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent;

(b) To vote or refrain from voting for any person;

(c) On the ground of his religion, race, caste, community or language;

(d) For the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

It is to be noted that so far as (a) and (b) are concerned there is enough material produced by the petitioner, both oral and documentary, to show that there were series of appeals by various religious/community leaders or by prominent persons of the community holding key posts to vote in favour of the respondent 1.

20. The petitioner has not only produced series of advertisements, which appeared in the local newspaper at Exs. P. 2 to P. 11 and P. 32, but also has examined two editors as P.Ws. 3 and 4.

21. These editors have spoken to about the circulation of the newspaper, its wide acceptance and reading in the Karwar district etc. They also have spoken to placement of these advertisements by various communities showing their support in favour of respondent 1. They have also spoken to the proceedings initiated by the Returning Officer in respect of these advertisements and the orders passed in that regard. Apart from these two persons connected with the newspaper, the petitioner has also led evidence of P.W. 5, 15, independent voters about these advertisements and the proceedings initiated by the returning officer.

22. In my view there is sufficient and cogent evidence to hold that there were series of advertisements published in the newspaper by various communities showing their support in favour of respondent 1.

23. But for the purpose of the Section 123(3), mere placing of advertisements in the newspaper by itself cannot be said to be an act of corrupt practice. Advertisements are part and parcel of election campaigning. To bring this act within the purview of Section 123(3) of the Act, something much more is required. This is clear from the analysis of the provision I have already noted.

24. These appeals or advertisements should be not only to vote or refrain from voting for any person but also appeal should be on the ground of his religion, race, caste, community or language and thereby to further the prospects of the election of that candidate will be bright or it will prejudicially affect election of other candidates.

25. As such the petitioner is required to show that these appeals or advertisements were by respondent or his agent or by any other person with the consent of respondent or his election agent, and this appeal was to vote or refrain from voting for petitioner and most importantly these appeals were made on the ground of his religion, race, caste, community or language,

26. On going through the evidence of the witnesses and the alleged appeals through advertisements no doubt it is clear that they were made, showing the support of individual communities in favour of respondent 1. But there is no positive evidence to show that these advertisements were by the candidate or his agent. Except vague statements made before this Court that it was the respondent 1 who paid for the same, there is no indication even to show or prove such thing.

27. In fact the evidence of the editors themselves if seen along with the documentary evidence especially Exs. P. 27 to P. 31 the statement filed by the editor to the returning officer as per the mandatory requirement to show the expenses, there is nothing to indicate that these advertisements were placed by the candidate or his agent. In this regard an attempt has been made by the petitioner to say that the same were financed by the respondent either by himself or through his supporters.

28. It is to be noted that when the documentary evidence, Exs. P. 27 to P. 31 belies this statement, in my view the vague allegations cannot be excepted.

29. Even otherwise for a moment for the sake of argument if it is accepted that these advertisements were placed by the supporters of the returned candidate, that by itself will not bring them within the purview of Section 123(3). Because the petitioner has further to prove the other necessary ingredient which is the appeals or advertisements were to vote in favour of the returned candidate on the ground of his religion, caste, community or language.

30. On going through each of these advertisements minutely and in detail, I do not find such appeal to vote in favour of the returned candidate on the ground of his religion, race etc. These advertisements were placed by a number of communities and castes through their organisations to show their support in favour of the returned candidate but there is no appeal to vote in his favour on the ground of his religion, caste etc.

31. At this stage itself it is relevant to note that even appealing to the voter by any religious organisation by itself is not a corrupt practice.

32. Considering this aspect Honourable Supreme Court in the case of Ram Dial v. Sant Lal, , has observed thus:

"A religious leader has a right to exercise his influence in favour of any particular candidate by voting for him and by canvassing votes of others for him. He has a right to express his opinion on the individual merits of the candidates. Such a course of conduct on his part, will only be a use of his great influence amongst a particular section of the voters in the constituency; but it will amount to an abuse of his great influence if the words he uses in a document, or utters in his speech, leave no choice to the persons addressed by him, in the exercise of their electoral rights".

33. In the present case on going through the advertisements by the various groups or communities or even by their leaders does not indicate that they were mandates or dictates of the community leaders to vote in favour of the returned candidate on the ground of his caste, religion etc. What all that is stated in these advertisements is that the communities feel grateful to the services done by the returned candidate earlier and as such they show their support in his favour and nothing more.

34. Added to this what is relevant is to see whether these appeals were on the ground of "his" religion or caste etc. In my view the stress is more on the word "his".

35. As observed by the Apex Court in the case of Dr. Ramesh Yesh-want Prabhoo v. Prabhakar Kashinath Kunte and Ors., :

"There can be no doubt that the word "his" used in Sub-section (3) must have significance and it cannot be ignored or equated with the word 'any' to bring within the net of Sub-section (3) any appeal in which there is any reference to religion. The religion forming the basis of the appeal to vote or refrain from voting for any person, must be of that candidate for whom the appeal to vote or refrain from voting is made. This is clear from the plain language of Sub-section (3) and this is the only manner in which the word 'his' used therein can be construed. When the appeal is to vote on the ground of 'his' religion for the furtherance of the prospects of the election of that candidate, that appeal is made on the basis of the religion of the candidate for whom votes are solicited. On the other hand when the appeal is to refrain from voting for any person on the ground of 'his' religion for prejudicially affecting the election of any candidate, that appeal is based on the religion of the candidate whose election is sought to be prejudicially affected. The first is a positive appeal and the second a negative appeal. There is no ambiguity in Sub-section (3) and it clearly indicates the particular religion on the basis of which an appeal to vote or refrain from voting for any person is prohibited under Sub-section (3)".

"Sub-section (3) in substance forbids appeal for votes for any candidate on the ground of 'his' religion and appeal to refrain from voting for any other candidate on the ground of the religion of that other candidate. Obviously the purpose of enacting the provision is to ensure that no candidate at an election gets votes only because of his religion and no candidate is denied any votes on the ground of his religion. This is in keeping with the secular character of the Indian polity and rejection of the scheme of separate electorates based on religion in our constitutional scheme. An appeal of the kind forbidden by Sub-section (3) based on the religion of a candidate, need not necessarily be prejudicial to public order and, therefore, the further element of likelihood of prejudice to public order is necessary on account of which it is not implicit in the provision".

36. In my view the aforesaid dicta laid down by the Honourable Supreme Court is most relevant in the present case. It is not the case of the petitioner that various religious communities or organisations and their leaders have made the appeal through these advertisements to the voters on the basis of either the religion of petitioner or that of the respondent.

37. In this regard the learned Counsel for the petitioner tried to contend that the word 'his' cannot be read in isolation or as applicable only to the word 'candidate'. It is contended that under the scheme of Section 123 three types of appeals with reference to the religion or caste or community etc., are contemplated. According to the petitioner this appeal may be with reference to the religion of the candidate, religion of the election agent or the religion of any other person with the consent of the candidate or his agent. I am afraid to accept this contention as far-fetched especially in the light of the clear law laid down by the Honourable Supreme Court in Ram Dial's case, supra. In my view the word 'his' has to be read in isolation and only in connection with the religion, caste, community etc., of either petitioner or the respondent. It cannot be used universally that is to say religion, caste, community etc., of any and every person who is making the appeal.

38. In the present case, in my view since the advertisements were neither made in favour of the petitioner nor the respondent referring to the individual religion, caste, community etc., but was an appeal made by organisations of various castes and communities through their leaders, the same cannot and would not be falling within the necessary ingredient of Section 123(3) of the Act.

39. As observed by the Honourable Supreme Court in the case of Baburao Patel v. Dr. Zakir Hussain, ,

"Mere canvassing in favour of a candidate at an election cannot amount to interference with the free exercise of the electoral rights. If the leader of the party indicates to the members of his party for whom to vote, he is merely canvassing which he is entitled to do in a democratic set up".

(emphasis supplied)

If in the above marked sentence for the words 'leader of the party', the words 'leaders of the organisation or religious caste, community etc.' is substituted or added, in my view the argument in this regard addressed by the learned Counsel for the petitioner fails and cannot be accepted.

40. As such I am constrained to hold that the petitioner has failed to prove the allegation of corrupt practice as mentioned in Section 123 especially under Sub-section (3) of the Act.

As such in my view the petitioner has totally failed to bring home the charge of corrupt practice under Section 123(3) beyond reasonable doubt and on this count alone the petition must fail and liable to be rejected.

41. Even otherwise considering the other argument that the respondent had carried a systematic appeal by arranging community or caste meetings with the help of the leaders of each community or the priests or the religious/community heads is concerned, this does not fall within the parameters of Section 123(3). If any argument is available, the same may fall under Section 123(2), but since there are no pleadings in the election petition as a ground of corrupt practice falling under that section, petitioner cannot raise the same only during argument. As such the evidence and argument of undue influence if any cannot be considered as they are not pleaded in the election petition.

42. Similarly, insofar as argument regarding Section 123(3-A) is concerned, it is the act of promotion of, or attempt to promote a feeling of enmity or hated between different classes of the citizens of India on the ground of religion, race, caste, community or language, by candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate, is concerned again the stress given is on promotion of or attempt to promote feeling of enmity or hatred between different classes or communities or castes. There are no pleadings much less evidence adduced in this regard. In this regard it is contended that by arranging the meetings in the community halls or temples of each of the community, wherein the achievements of the returned candidate were highlighted and even promises were made for future help if elected and especially when the respondent was present in most of these meetings, according to the petitioner this was an act to promote the candidature of the respondent only on the ground of caste, religion, community etc.

43. In my view this again does not fall within the purview of Section 123(3-A) amounting to promoting or attempt to promote communal hatred.

44. I have gone through all the decisions referred to by the learned Counsel for the petitioner in support of his contentions and in my view none of them are applicable to the facts and circumstances of this case, as in all the decisions referred to, the challenge and the evidence was in respect of appeals made by the candidate or his agent or by any other person with the consent of the candidate or his agent to vote or refrain from voting on the ground of religion, race, caste, community or language, of either the returned candidate or the losing candidate. As earlier discussed in the present case since the petitioner has failed in this regard in my view it is not necessary to discuss each of the decisions and their applicability.

45. In the result, I hold that the petitioner has failed to prove his case and as such the election petition fails and same is liable to be dismissed.

Hence, I hereby dismiss the election petition as devoid of merits with cost.