CHIEF ELECTION COMMISSIONER Vs. SAT PAL

JUDGEMENT

(1.) At the outset, we take note of the submission made by a certain Digvijay Mote, who seeks to intervene in these proceedings. Having regard to the nature of these proceedings, we reject this application.

(2.) This special leave petition is by the Chief Election Commissioner of India and is directed against the ex-parte order dated 29/04/1993 of the Punjab and Haryana High court made in Civil Writ Petition No. 4869 of 1993. The ex parte order reads:

(3.) The context in which the writ petition came to be filed was that the bye-election to the Legislative Assembly of Haryana from "no. 1 Kalka Assembly Constituency", the polling for which, according to the calendar of events, was scheduled to take place on the May 19, 1993, came to be interdicted by an order of the Chief Election Commissioner of India on certain grounds. That order of the Chief Election Commissioner was challenged before the High court by a candidate. The aforesaid ex parte order came to be made by a division bench of the High court on the same day, the writ petition was filed. This order is assailed by the Chief Election Commissioner on several grounds, including the areas to its maintainability, lack of jurisdiction of the High court to interfere in an electoral matter, etc.