ROOP LAL SATHI Vs. NACHHATTAR SINGH GILL

JUDGEMENT

(1.) THIS appeal by special leave is from a judgment and order of the Punjab and Haryana High Court dated Feb 2, 1981 by which it has directed the deletion of paras 4 to 18 of The election petition filed by the appellant under S. 81 read with Section 100 of the Representation of the People Act, 1951 ('Act' for short) calling in question the election of the respondent Nachhatter. Singh Gill to the State Legislative Assembly of Punjab from the Moga Assembly Constituency No. 99 on the ground that there is non-disclosure of material facts on which he alleges that the change of allotment of symbols by the Returning Officer, Moga amounted to non-compliance with the provisions of the Constitution, or of the Act, or any rules or orders made thereunder so that the result of the election, in so far as it concerns the respondent i. e. the returned candidate, is materially affected.

(2.) AT the last general elections to the State Legislative Assembly of Punjab from the Moga Assembly Constituency No 99 the appellant contested as a candidate of the Lok Dal Party. The last date for withdrawal of nomination papers was notified as 5/05/1980. It appears that on that day Shri Darbara Singh, President of the Punjab Pradesh Congress (I) Committee, intimated the Returuing Officer that Jagmohan Singh had been nominated as the official candidate of the Indian National Congress (1) to contest the election. There is also on record a letter dated 5/05/1980 addressed by Shri Darbara Singh, President, Punjab Pradesh Congress (I) Committee, to the respondent stating that Jagmohan Singh had been finally selected as the official candidate of the Indian National Congress (I) from the 99-Moga Assembly Constituency in his place, and he was advised to withdraw his nomination paper.

(3.) UPON these facts, it is averred in para 12 that Jagmohan Singh alone be deemed to be set up as a candidate by the Indian National Congress (I) within the meaning of paragraph 13 of the Election Symbols (Reservation and Allotment) Order, 1968 and not the respondent, and that the candidates could withdraw their nomination papers under Section 37 (1) before 3 p. m. an 5/05/1980 which was notified by the Election Commission to be the last date for withdrawal of candidatures under Section 30 (c) and thereafter the Returning Officer was enjoined under Section 38 (1) to publish in the prescribed Form 7-A the names and addresses of the contesting candidates together with the symbols allotted to them. It is then averred in paragraph 14 :