YOGENDRA Vs. SURESH CHAND

JUDGEMENT

(1.) IN all the writ petitions, it was alleged that in the matter of counting of votes, acceptance of wrong nominations, rejection of valid nominations etc. , cither the Court should order recounting of votes or the election of Gram Panchayat and membership of Kshetriya Samiti be declared void. IN one of the writ petition, it was prayed that the opposite parties be directed to hold an enquiry into the matter pertaining to irregularities and illegalities perpetuated during the course of the election process and the guilty officers be punished.

(2.) SINCE the decision of the Hon'ble Supreme Court in N. P. Ponnuswami v. Returning Officer, (AIR 1952 SC 64), which was affirmed by Hon'ble Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner, (AIR 1978 SC851), as well 'ss in the case of Anugrah Narain Singh v. State of UP. , (1996) 6 SCC 303, it has been the consistent view of Hon'ble Supreme Court as well as various High Courts that when the 'process of election is set into motion by issuance of the notification, the process of election cannot be stalled and the aggrieved persons, if they so choose, may file an election petition.

(3.) IN the instant cases before us under the direction of Hon'ble Supreme Court, the notification for holding the election was issued by the State Election Commissioner on 18th May, 2000 mentioning therein the entire programme of the election. The process of holding elections in four phases began from 14th June, 2000 to 23rd June, 2000 and results were declared. After the process of election was set into motion, there were spate of writ petitions, which were filed before this Court, assailing the reservation and rotation of seats, rejection or invalid acceptance of nomination papers etc. , and on various other grounds, even after the declaration of the election results, there were influx of large numbers of such petitions which were filed before this Court.