BHARAT BHUSHAN Vs. VED PRAKASH

JUDGEMENT

(1.) The election petition under S. 81 of the Representation of the People Act, 1951 calls in question the election of Shri Ved Prakash to the Metropolitan Council for Delhi from Constituency No. 33, Rohtas Nagar and is based on two broad facts. The first is the improper rejection of the nomination papers of Shri Devinder Kumar and the second is the illegal inclusion and exclusion of certain areas from constituency No. 33 after the publication of order No. 40 dated April 28, 1975 issued under S. 10 (1) read with S. 2 of the Delimitation Act, 1972.

(2.) The total number of seats in the Metropolitan Council tor Delhi as provided in S. 3 of the Delhi Administration Act, 1966 to be filled by persons chosen by direct election from territorial constituencies is 56. By virtue of S. 9 of the said Act, the provisions contained in Parts III to XI of the Representation of the People Act, 1951 (hereinafter referred to as the Act) and of any rules and orders made thereunder, for the time being in force, have been made applicable to the election of the members of the Metropolitan Council of Delhi (hereinafter referred to as the Metropolitan Council). S. 10 of the said Act provides that the Metropolitan Council, unless sooner dissolved, shall continue for five years, from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Metropolitan Council. The last election of members to the Metropolitan Council took place in 1972 for the term of 5 years and the same expired in 1977 which necessitated the elections for 56 members to the Metropolitan Council from 56 territorial constituencies. The election programme as notified by the Election Commission was as under: Last date of filing the nomination papers 18-5-1971 Date of scrutiny of nomination papers 19-5-1977 Last date of withdrawal 21-5-1977 Date of Polling 12-6-1977 Date of counting 14-6-1977

(3.) Shri Ashok Kumar, Sub-Divisional Magistrate, Shahdara was appointed as the Returning Officer in respect of constituency No. 33, the constituency in dispute. Twelve candidates filed their nomination papers before the Returning Officer. Two nomination papers filed by Shri Devinder Kumar were rejected. Eight candidates later withdrew their nominations or candidature. Consequently there remained in election contest, three candidates, namely Shri Bharat Bhushan, petitioner herein, Shri Ved Prakash, respondent herein and one Shri Joginder Nath. Polling took place on 12-6-1977. Counting took place on 14-6-1977. As a result of the counting, the Returning Officer declared the respondent as having been elected. The votes secured by the respondent were 23,963. The votes secured by the petitioner were 22,975. The votes secured by Shri Joginder Nath were 1978. The petitioner thus lost to the respondent by a margin of 988 votes.