AMIN AHMAD Vs. NAND LAL SINHA

JUDGEMENT

(1.) In this case the petitioner Saiyid Amin Ahmad has obtained a rule calling upon the Chief Electoral Officer Bihar, to show cause why a writ in the nature of certiorari op prohibition, ought not to be issued commanding the latter not to hold a poll for election of twenty four persons to the Bihar Legislative Council on 19-3-1853. Cause was shown against the rule by the Advocate General on behalf of the Chief Electoral Officer, Bihar to whom notice of the rule was directed to be given.

(2.) The petitioner Saiyid Amin Ahmad was a member of the Bihar Legislative Council till 19-2-1953. On that date the Election Tribunal declared that the entire election from the Bihar Legislative Assembly to the Bihar Legislative Council was null and void and as a result Saiyid Amin Ahmad and twenty three other persons of the Bihar Legislative Council ceased to hold their seats. On 2-3-1953 a notification was issued in the Bihar Gazette extraordinary on behalf of Election Commission calling upon the members of the Bihar Legislative Assembly to elect twenty four persons to the Bihar Legislative Council before 27-3-1953. The notification was issued by the Election Commission by virtue of the power conferred by Section 151, Representation of the People Act, 1951. On the same date there was another notification by the Election Commission appointing the Chief Electoral Officer, Bihar to be the returning officer for the bye-election to the Bihar Legislative Council. There wss also a third notification under Section 39(2), Representation of the People Act 1951 fixing the dates for the nomination and for taking of the poll. It is alleged on behalf of the petitioner that the notifications under Sections 39(2) and 151 were illegal and without jurisdiction since they were not issued by Mr. Sukumar Sen who was Chief Election Commissioner on that date but by Mr. P.C. Subramanian who has designated himself as an officer on special duty. The submission of the petitioner is that Sri Nand Lal Sinha, the Chief Electoral Officer, has illegally assumed jurisdiction on the basis of these notifications, and that writ of certiorari or prohibition should be issued restraining the Chief Electoral Officer from further proceeding in the matter of the bye-election.

(3.) An affidavit was filed on behalf of the respondent to the effect that the Election Commission had approved the gazette notifications and had authorised Mr. P.S. Subramanian to sign and authenticate the gazette notifications on its behalf. It was stated that a telegram was received from the Election Commission to the respondent to that effect.