PAWAN KUMAR SHANDILYAKAR Vs. RAJYA NIRVACHAN AYOG

JUDGEMENT

(1.) THE order passed in this petition shall also govern the disposal of Writ Petition No. 4416 of 1994, Mohd. Sabir v. Rajya Nirvachan Ayog and another.

(2.) THE two petitioners by their separate petitions under Article 226 of the Constitution of India have challenged the order of the Election Commission for postponing the election and the order dated 16-12-1994 for holding the poll on 28-12-1994.

(3.) THE two petitioners are the members of the political party by name Krantikari Samajvadi Manch. The petitioner of Writ Petition No. 4413/94 was a candidate for the election of the councillor from ward No. 21 and the petitioner in Writ Petition No. 4416/94 was the candidate for the election of Nagar Palika, Balaghat from Ward No. 11. The petitioners applied for the symbol of the party "teer Kaman" in accordance with Election Symbol (Reservation and Allotment) Order, 1968 (for short called 'order of 1968') but that symbol was not allotted to the candidates of the said party. Some of the candidates challenged the order of the Returning Officer by Writ Petition No. 3727/94, wherein, this Court vide order dated 11-11-1994 directed the Returning Officer to allot the symbol to all the candidates belonging to a recognised political party in accordance with the Order of -1968. Against that order the Election Commission preferred a review petition and postponed the date of poll, some of the contesting candidates also preferred, the review petitions, the review petitions were numbered as M. C. C. Nos. 649/94, 457/94 and 660/94. In review petition it was pointed out that the Order of 1968 was not applicable as the elections of Nagar Palika are governed and are to be conducted in accordance with the Rules known as "m. P. Nagarpalika Nirvachan Niyam, 1994" (for short the 'rules') framed by the State Government in consultation with the State Election Commission in exercise of powers conferred by sub-section (6) of Section 10 read with Section 433 of the M. P. Municipal Corporation Act, 1956 and sub-section (6) of Section 29 read with Section 355 of the Madhya Pradesh Municipalities Act, 1961. As there was a mistake on the face of record, the order passed in W. P. No. 3727/94 was recalled vide order dated 16-12-1994 and the petition was directed to be heard on merits. At the time of hearing of the petition, in that, the petitioner did not press the petition; hence the petition was dismissed, as not pressed. After dismissal of the said petition, the Election Commission by order dated 16-12-1994 amended the date of poll from 27-11-1994 to 2842-1994.