ELECTION COMMISSION OF INDIA Vs. ASHOK KUMAR

JUDGEMENT

(1.) An interim order passed by the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution, during the currency of the process of election, whereby the High Court has stayed the Notification issued by the Election Commission of India containing direction as to the manner of counting votes and has made directions of its own on the subject, has been put in issue by the Election Commission of India filing these appeals by special leave under Article 136 of the Constitution.

(2.) The facts in brief. The 12th Lok Sabha having been dissolved by the President of India on 26-4-1999, the Election Commission of India announced the programme for the General Election to constitute the 13th Lok Sabha. Pursuant thereof, the polling in the State of Kerala took place on 11-9-1999. The counting of votes was scheduled to take place on 6-10-1999.

(3.) In exercise of the powers conferred by Rule 59-A of the Conduct of Election Rules, 1961, the Election Commission of India issued a Notification published in Kerala Gazette Extraordinary, dt. 1st October, 1999 which reads as under :-