AMBIKA SARAN SINGH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner contested the Barbara Assembly Constituency No. 213 of the Bihar State Legislative Assembly in the general Election held on the 15th February, 1967, and was declared elected. One of the candidates, Mahadevanand Girl, who was added as respondent No. 2 to the present application at his own instance (Vide order No. 7 dated the 9th of August, 1971), filed an election petition before this Court challenging the election of the petitioner on various grounds including commission of certain corrupt practices by the petitioner, his agents and supporters. The case was numbered as election petition 3 of 1967. It was allowed by judgment dated the 27th of June, 1968, and the election of the petitioner was declared illegal and void. This Court accepted the evidence led on behalf of Mahadevanand Giri (i) that the petitioner, his election agent as well as other agents bribed Harijan voters, (ii) that the petitioner and his agents secured votes on basis of caste appeal and (iii) that Bhu-pendra Narain Singh, Sheo Bachan Singh and R. S. Prasad of the State Commercial Taxes Department extended their helping hand to the petitioner and with his knowledge and consent canvassed for votes for him and tried to raise money for election fund and another Government servant Muni Lal, a probationary Deputy Magistrate, also assisted the petitioner at his (petitioner's) instance. The petitioner appealed to the Supreme Court. It was numbered as Civil Appeal 1516 of 1968 and was dismissed by judgment dated 2nd of February, 1969. The Supreme Court did not go into the question of bribery to the Harijan voters. It also did not accept the case of Mahadevanand Giri, that was the petitioner obtained or procured the services of Muni Lal in his election campaign. It accepted the finding of this Court in respect of Bhupendra Singh, Sheo Bachan Singh and R. S. Prasad. Dealing with the question of securing votes on the basis or caste appeal, it observed and found as follows:--

(2.) After the judgment of the Supreme Court, the Election Commission of India, respondent No. 1 to the present application, on 3rd of March, 1969, issued letter Election Commission No. 116/Br/69 bringing to the notice of the Chief Electoral officers of all States and Union Territories that the petitioner had incurred disqualifications for being chosen as a Member of either Houses of Parliament or of the Legislative Assembly or legislative Council of a State and for voting at any election under Sections 8A and 11A (b) of the Representation of the People Act, 1951 (hereinafter) referred to as "the Act" for a period of six years with effect from the date of the Supreme Court's judgment. The petitioner then filed a petition before respondent No. 1 for withdrawal and cancellation of the said letter. It was numbered as petition 4 of 1969. By his order dated the 6th of September, 1969, the Chief Election Commissioner of India dismissed the petition holding that the said letter in respect of the petitioner could not be withdrawn or cancelled. The present application under Articles 226 and 227 of the Constitution of India has been filed for quashing the said order of the Chief Election Commissioner and for prohibiting respondent No. 1 from enforcing the said order.

(3.) The petition challenges the said order of the Election Commission of India mainly on two grounds, viz. (1) that there was no order by the High Court under Section 99 of the Act and as such the petitioner could not be disqualified under Sections 8A and 11A (b) of the said Act, and (2) that even if the petitioner could be disqualified, the period of disqualification of six years ought to commence from the date of the judgment of the High Court and not from the date of the judgment of the Supreme Court.