KARNAIL SINGH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed primarily for the purpose of frustrating the by -election scheduled to be held on 27.5.1995 for Ambala Parliamentary Constituency and after hearing the learned counsel for the petitioner, we are satisfied that the petition deserves to be dismissed summarily. The reason for this conclusion of ours are set out hereunder.

(2.) ELECTION to the Parliamentary Constituency of Ambala was held in 1991, Shri Ram Parkash was elected in that election. Shri Ram Parkash died on 19.4.1995, the Election Commission of India, decided to hold by election for 9 Lok sabha Constituencies - One of which is Ambala Parliamentary Constituency. The petitioners say that under the directions of the Election Commissioner of India, the State of Haryana started revision of the electoral rolls of 90 Assembly Constituencies of Haryana. That process is still going on and the revised electoral rolls have not been finalised so far. Notwithstanding this, the Election Commissioner of India has announced by -election to the Ambala Parliamentary Constituency, resulting in exclusion of a large number of eligible persons from the electoral rolls and, thus, depriving them of their right to exercise their franchise during the forthcoming elections. Petitioners have asserted that various political parties, including the Congress, the Bhartiya Janta Party, the Communist Party of India etc. made representations before the Election Commissioner of India against the holding of the elections but respondent No. 1 has ignored such representation and is taking active steps for issuing notification for the election to be held on 27.5.1995.

(3.) PART XV of the Constitution of India deals with election. Article 324 lays down that the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct, of all elections to parliament and to the Legislature of every state shall vest in the Election Commission. Article 325 says that no person shall be ineligible for inclusion in the electoral rolls only on the grounds of religion, race, caste, sex or any one of them. Article 326 speaks of election on the basis of actual suffrage. Article 329 contains a bar to the interference by the Court in the electoral matters.