On 12 June 1975, Justice J.M.L. Sinha delivered the judgement declaring the election of Smt Indira Gandhi as ‘void’. Within one and a half hours, we got the news that Smt Indira Gandhi had obtained a stay order for twenty days.
The stay order was obtained through misrepresentation made on her behalf by her advocate Shri S.C. Khare. It was given in writing that as it was a question of election of the leader of the party and the office of the prime minister was involved, some time would be taken by the Congress party to elect another leader. This order was passed ex parte by Justice J.M.L. Sinha while our advocate Shri R.C. Srivastava, who was in Allahabad at that time, was not heard. Our advocate, while knowing that the stay order had been passed without a hearing, went to the learned judge’s residence and told him that the order was passed without hearing him, but the learned judge did not change his order.
Smt Indira Gandhi engaged Shri N.A. Palkhivala as her Senior Advocate. The order of Justice J.M.L. Sinha was that the stay order would continue for twenty days or till the time when the appeal was filed in the Supreme Court by Smt Indira Gandhi, whichever took place earlier.