ELECTION COMMISSION OF INDIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) We had passed an interim order on April 18, suspending the operation of the order passed by the High Court of Punjab and Haryana, on April 17, 1984. The High Court, by its aforesaid order, had stayed the issuance and publication of the notification by the Election Commission of India under Ss. 30, 56 and 150 of the Representation of the People Act, 1951. We had directed that the special leave petition should be listed before us the next day for considering whether the interim order should be confirmed.

(2.) On February 28, 1984, this Court gave a judgment in Civil Appeal No. 5501 of 1983, setting aside the election of the returned candidate from the 59-Taoru Assembly Constituency in Haryana. As a result of that judgment, a vacancy arose in the Legislative Assembly of the State of Haryana from that Constituency. On April 6, 1984, the Election Commission of India sent a message to the Chief Secretary, Haryana, who is the Chief Electoral Officer for the State of Haryana, informing him that the Commission had fixed a certain programme for holding the by-election to the Taoru Constituency. According to that programme, the notification under S. 150 of the Representation of the People Act, 1951, was to be issued on April 18, 1984, the last date for filing nominations is April 25, 1984, while the date of poll is May 20, 1984. The Election Commission fixed an identical programme for filling 23 other vacancies in the legislative assemblies of Andhra Pradesh, Karnataka and West Bengal.

(3.) On April 7, 1984, the Election Commission received a telex message from. the Chief Secretary, Government of Haryana, conveying the request of the Haryana Government that the proposed by-election should be held along with the general elections to the Lok Sabha, which are due later this year. On April 11, 1984, the Chief Secretary wrote a letter to the Chief Election Commissioner renewing the aforesaid request for two reasons :