AMAR PAL SINGH Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) The petitioner filed this petition, seeking a writ for quashing the order dated 21 -5-1991, passed by the Chief Election Commissioner, countermanding the election in 80 Meerut Parliamentary Constituency and also for quashing the order dated 10-6-1991, passed by the respondent, refusing to review its earlier order dated 21-5-1991. A direction was also sought, directing the respondent and authorities concerned with the elections, to hold an adjourned poll or a re-poll in the affected polling stations of 80 Meerut Parliamentary Constituency as per the procedure, prescribed under the Representation of the People Act, 1951.

(2.) This writ petition, along wifh other numbers of writ petitions, involving same question of law were heard by a Division Bench of this Court, composing of Mahinder Narain and P. N. Nag, JJ. During the hearing of the writ petition, the learned Attorney General raised a preliminary objection on behalf of the Chief Election Commissioner, the respondent, that the writ petition was not maintainable. The preliminary objection is based upon Article 329(b) of the Constitution of India, which provides that an election cannot be called in question except by an election petition.

(3.) Mahinder Narain, J., by a separate independent judgment dated 27th March, 1992 held that the writ petition was maintainable. It was also held that Sees. 58-A(2) and 58-A(2)(b) of the Representation of the People Act were ultra vires, the Constitution. The writ petition was allowed and the orders of the Chief Election Commissioner dated 21-5-1991 and dated 10-6-1991 were quashed, and the following directions were given;