MOHINDER SINGH GILL Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) This is a petition under Article G 226 of the Constitution of India on behalf of Shri Mohinder Singh Gill, a Congress candidate from the "13-Ferozepore Parliamentary Constituency, Punjab" and Shri Nasib Singh, a voter and supporter of petitioner No. 1, for quashing the notification dated 22nd March, 1977, issued by the Election Commission of India, ordering the cancellation of poll held in the aforesaid Constituency and ordering the repoll in the entire aforesaid Parliamentary Constituency. A writ of mandamus is also prayed for directing the Chief Election Commissioner and Shri Gurbachan Singh, a Deputy Commissioner and Returning Officer, Ferozepore, (respondents 1 and 2 respectively) to declare the result of the election. In the alternative, it was prayed that writ of mandamus may be issued directing respondents No. 1 to act strictly in accordance with the provisions of Section 64A(2) of the Representation of the People Act, 1951 (43 of 1951), hereinafter referred to as "the Act", and to confine his directions in regard to postal ballot papers only.

(2.) The other respondents to the writ petition are: Shri Mohinder Singh Sayanwala, M.L.A. Ferozepore, Akali candidate (respondent No. 3), Shri Avtar Singh Malhotra, a candidate of Communist Party of India (respondent No. 4) and Shri Manohar Lal, Shri Makhan Singh and Shri I. B. Francis, all independent candidates as respondents 5, 6 and 7 respectively and Shri N. Khosla, Chief Electoral Officer, Punjab, as respondent No. 8.

(3.) For appreciating the contentions of the learned counsel for the parties, it is necessary to state a few facts.