MADHUBHAI JALIABHAI BHAI Vs. T N SHESHAN

JUDGEMENT

(1.) The petitioners are members of the Stale Legislative Assembly of Gujarat and they are voters for the purpose of biennial election to the Council of State (Rajya Sabha) from the State of Gujarat. The pelitioners challenge the legality and validity of notification annexure-A dated August 2, 1993 issued by the Election Commission of India by which the date of biennial election to the Council of States of Members from the State of Gujarat is changed. By the said notification the date of poll- 6th August, 1993 - has been shifted to 18th December, 1993, and the date of completion of election which was 10th August, 1993 has been shifted to 22nd December, 1993. The petitioners also pray that the order dated 2nd August, 1993 passed by the Election Commission of India, produced at annexure-H to the petition, in which detailed reasons for issuing the notifications have been mentioned be also quashed and set aside. The petitioners pray that the provisions of section 39 and section 153 of the Representation of the People Act, 1951 be declared unconstitutional and ultra vires being violative of Articles 14 and 19 of the Constitution of India.

(2.) On August 5, 1993 the petition was moved by way of urgent circulation. This Court ordered to issue Rule and furhter directed to issue notice to the other side as to hearing of interim relief. The notice was made returnable on August 7, 1993. On August 7, 1993 hearing of interim relief took place. This Court heard the learned advocates appearing for the parties, and after taking into consideration the pursis submitted by the State Government of Gujarat arid after taking into consideration other relevant facts and circumstances of the case requested the Election Commission to reconsider its decision of shifting the date of poll from 6th August, 1993 to 18th December. 1993 and the date of completion of election from 10th August, 1993 of 22nd December, 1993 The Court further requested that the schedule of election be refixed so as to complete the election process latest by August 17, 1993. The Court made it clear that the request made to respondents No.1 and 2 was not to be treated as a relevant circumstance while considering the question about the jurisdiction of this Court to entertain the petition under Article 226 of the Conslitiution of India. The question with regard to the maintainability of the petition under Article 226 of the Constitution of India was kept open and it was to be decided by the Court without in any way being infludenced by the said order.

(3.) Thereafter, the petition was called out on August 9,1993. At the request of the learned counsel appearing for respondents No. 1 and 2. i.e. the Chief Election Commissioner of India and the Election Commission of India, hearing of the petition was adjourned to August 16,1993.