PANDIT RAM NATH KALIA Vs. HEM RAJ

JUDGEMENT

(1.) THE Kangra Parliamentary Constituency is a double member constituency, one seat having been reserved for Scheduled Castes. This constituency, at the time of the last general elections in 1957, was called upon accordingly to return two members to the House of the People (Lok Sabha). The notification was issued by the President on 19th January, 1957. The Election Commission according to section 30 of the Representation of the People Act (Act No. 43 of 1951), issued notification for making nominations by 29th January, 1957. The date of withdrawal of candidatures was fixed as 4th February, 1957. The poll could not take place until after the expiry of the twentieth day from the date of withdrawal and so not before 24th February, 1957. The poll was notified to commence on 24th February, 1957, and close on 14th March, 1957. Sub -section (2) of section 55A of the Act provides - -

(2.) HOWEVER , probably due to the exigencies of weather the constituency being in Kangra district, the Election Commission issued a second notification whereby it notified that the poll in the constituency was to commence on 21st June, 1957,,and close on 30th June, 1957. A third notification followed whereunder the Election Commission again changed the dates of poll commencing on 2nd June and 25th June, 1957. But even these dates could not be adhered to for all the polling stations in the constituency and as pointed out that was probably due to the exigencies of weather in the area. The returning officer postponed the poll in Spiti and Lahaul area to 2nd July, 1957, and in Bara Bengal to 14th July, 1957.

(3.) THUS retirement by a contesting candidate could take place under section 55A(2) of the Act ten days prior to 2nd June, 1957, that is to say, on or before 23rd May, 1957.