MOHAN LAL INDORIA Vs. BABU RAM SOLANKI

JUDGEMENT

(1.) The only question which arises for decision in this election petition under Section 81 of the Representation of the People. Act, 1951 (hereinafter referred to as the Act) calling in question theelection of Shri Babu Ram Solanki to the Metropolitan council for Delhi. from Constituency No. 45-Ram, Nagar is whether the respondent may be said to be guilty of corrupt practice contemplated by sub-section of Section 123of the Act and by reason of the alleged fact of. the ,use of, or appeal to religious symbol of Durga Mata seated on a lion visible on a board affixed at Chowk opposite Hanuman Mandir, Multani Dhanda, Delhi, within the said constituency.

(2.) The total number of seats in the Metropolitan Council for Delhi as provided in section 3 of the Delhi Administration.Act, 1966 to be filled by persons chosen by direct election from territorial constituencies is 56. By virtue of section 9 of the said Act, the provisions cantained in Farts III to XI of 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). Section 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 for filing the nomination, papers. 18-5-1977 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 (The dates have been wrongly given in the election petition, but correct dates were admitted at the time of the Hearing of the arguments by the Counsel).

(3.) Nine candidates filed their nomination papers before the Returning Officer who accepted the nomination papers on the date of scrutiny. Three of the candidates later withdrew their nominations or candidatures. Consequently, there remained in election contest six candidates. Polling took place on 12th June, 1977. Counting took place on 14th June, 1977. As a result of the counting, the Refurning Officer declared the respondent as having been elected. The respondent secured 12,695 votes as against 9,569 polled by the petitioner