PREM PAL SHASTRI Vs. RAMESH CHANDRA YADAV

JUDGEMENT

(1.) This is an election petition under Section 81 of the Representation of the People Act. 1951 the Act 1951). by the petitioner, who was a candidate in the general. elections to the U.P. Legislative Assembly, held in February-March. 1985. from 349 Nidhauli Kalan Assembly Constituency, district Etah. The last date for filing nomination papers was 6-2-1985 and the last date for withdrawal of nomination papers was 9-2-1985. The poll in the aforesaid constituency took place on 5-3-1985 and the respondent, who contested the election on Lok Dal symbol, was declared elected on 6th Man. 1985.

(2.) The prayer in the election petition is that the election of the respondent from the aforesaid constituency be declared void and be set aside on the ground that the result of the election, in so far as, it concerns the respondent was materially affected because of the non-compliance with the provisions of the Constitution, of the Act. 1951. of the Conduct of Elections Rules. 1961 (the Rules 1961) and of the Election Symbols (Reservation and Allotment) Order. 1968 (the Order 1968).

(3.) The grounds for getting the election of the respondent declared void have been stated in paragraphs and the facts relating to those grounds have been stated in paras 8 to 43 in the petition. The petitioner filed his nomination papers declaring his intention that he would contest the election on Lok Dal symbol on 2nd Feb.. 1985. The last date for withdrawal was 9-2-1985. The respondent had filed authorisation in regard to Lok Dal symbol and he was allotted the said symbol. The case of the petitioner is that Chaudhry Charan Singh. President of the Lok Dal. "had issued a direction authorising the petitioner to file nomination as authorised candidate of aforesaid Lok Dal (D.M.K.P.) party from 349 Nidhauli Kalan Assembly Constituency" and the same was filed with the Election Commission (hereinafter referred to as 'the commission') at 2.55 p.m. on 9-2-1985 by the petitioner. It is stated in para 19 of the petition that the President of the Lok Dal "had also issued a letter addressed to the Returning Officer 349 Nidhauli Kalan Constituency in the district of Etah dt. 9-2-1985 stating therein that if any other candidate has submitted 'B' form claiming to be our partiey's approved candidate the same be treated as cancelled and that the authorisation issued in favour of election petitioner Prem Pal Shastri be treated to be duly issued authorisation from the Lok Dal Party." It is stated that the Commission gave the assurance to the petitioner that a suitable direction would be issued to the Returning Officer by means of a telex message in that behalf. It is stated in para 31 that the petitioner also filed authorisation with the Returning Officer on 9-2-1985 at 8.40 p.m. In para 33. the averment is that the Commission by telex message dt. 16-2-1985 (Ext. P-6) informed the Chief Electoral Officer. U.P.. Lucknow. as well as the Returning Officer of the relevant constituency that the delay in submitting the revised form 'B' was condoned and the Commission further directed that the petitioner be allotted the Lok Dal symbol in supersession of earlier authorisation. Such direction was given on 16-2-1985 subject to the condition that the ballot papers of the constituency "have not been printed". Thereafter the District Election Officer addressed a letter dt. 17-2-1985 (Ext. P-5) to the Government Printing Press. Allahabad, that further printing of the ballot papers be stopped. The Government Press. Allahabad informed that more than 50.000 ballot papers had been printed till the evening of 16-2-1985. On 18-2-1985. the Returning Officer had sent a radiogram (Ext, P-4) to the Commission reporting the compliance of the telex message (Ext. P-5 ) that Lok Dal symbol had been allotted to the petitioner, subject to the condition as stated in the telex message (Ext. P-6) and informing the Commission that more than 50,000 ballot papers had been printed according to the communication of the Government Press. Allahabad. In para 37. it is averred that the Commission by telex message dt. 18-2-1985 informed the Chief Electoral Officer and the concerned Returning Officer that "in view of the fact that large number of ballot papers have been printed, no change is required and the petitioner, viz.. Prem Pal Shastri will be deemed to be treated as independent candidate." In para 42. the petitioner pleaded that "the subsequent order of the Election Commission directing that in view of the fact that large number of ballot papers have already been printed and. therefore, the petitioner cannot be allotted the symbol of the Lok Dal (D.M.K.P) is wholly without jurisdiction, inasmuch as having once given the direction of condonation of delay in filing the authorisation certificate, it is not open to the Election Commission to review its earlier decision."