J K PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr. Pradeep Patel, learned counsel for the petitioner and Ms. Vacha Desai, learned Assistant Government Pleader for respondents.

(2.) THE brief facts are that the elections of the Central Council for Homeopathy was notified on 10/10/2012 and scrutiny and counting of Ballot Papers and declaration of result of elections was scheduled on 04/12/2012. It is a matter of common knowledge that Model Code of Conduct was enforced in the State of Gujarat w.e.f. 03/10/2012 in view of the ensuing Assembly Elections. The representations were received by the Returning Officer for postponing the elections in view of the Assembly Elections in the State of Gujarat, which was accepted by the Returning Officer with the approval of the Chief Electoral Officer. The Returning Officer shifted the elections and now the last date of receipt of Voting Papers is 28/12/2012 and last date of Scrutiny and Counting of Ballot Papers and declaration of Result is 29/12/2012.

(3.) THE learned counsel for the petitioner then argued that Rule 13(4), wherein, it is provided that Ballot Papers shall be sent within a fixed time frame and it has to come back within a fixed time. So far as receipt of Ballot Papers are concerned, the last date has been fixed as 28/12/2012. However, if there is any violation of Rules in receipt or sending of Ballot Papers, that can be challenged by the petitioner in Election Petition. But at this stage, in view of the Assembly Elections, the Chief Electoral Officer of the State of Gujarat has permitted to Returning Officer to reschedule the election programme in which we do not find any illegality.