MOHAMMAD YUNUS SALEEM Vs. SHIV KUMAR SHASTRT

JUDGEMENT

(1.) THIS election appeal under Section 116-A of the Representation of the People Act, 1951 (briefly the Act) by the appellant, Mohd. Yunus Saleem, the defeated Congress (R) candidate, is against the judgment of the Allahabad High Court wherein he challenges the election of the B.K.D. candidate, Shiv Kumar Shastri (Respondent No. 1) to the Lok Sabha from the 76 Aligarh Parliamentary Constituency in the general elections held in March 1971. THIS constituency consist of five Assembly constituencies, namely, 876-Aligarh, 377-Koli, 378-Iglas, 379-Khair and 380-Chandaus. There were seven candidates on the run for the election from this constituency. The poll was scheduled to take place in Aligarh and Koli on 1/03/1971 and in Iglas, Khair and Chandaus on 3/03/1971. The polling in Aligarh and Koli was completed peacefully on 1/03/1971 and the appellant obtained the highest number of votes as will appear from the chart given below : <FRM>JUDGEMENT_854_4_1974Html1.htm</FRM>

(2.) THE appellant alleges several corrupt practices in his election petition before the High Court and also raises certain questions of law. THE Chief Election Commissioner has been impleaded as a respondent in this appeal. THE High Court has repelled the contentions of the appellant. We are now concerned in this appeal with the following issues :-

(3.) THE High Court has held that "Section 153 can be construed as declaring the competency of the Election Commission to extend time under cl. (d) as well as clause (e) of Section 30".