SHASHI KUMAR SINHA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is for an appropriate writ, quashing Notification No. 495/V.R.H.P.-35/96, contained in Memo No. 814 dated 9th May, 1996 and the other Notification No. 495/V.R.H.P.-35/96, contained in Memo No. 826 dated 10th May, 1996 (Annexure 1 and 2 respectively), whereby and whereunder, the Election Commission of India (respondent No. 1) in exercise of its power, conferred under Section 58A(2)(a) of the Representation of the People Act, 1951 (in short 'the Act'), in spite of mass scale booth capturing and malpractices during the election of 35, Patna Parliamentary Constituency to the Lok Sabha, had ordered for repoll only at 700 booths, covering entire Danapur and Patna West Assembly Constituency, A prayer has also been made to command the said authority by a writ of mandamus or any other appropriate order or direction to discharge its statutory obligation, as contemplated under the aforesaid provision of the Act and countermand the entire, elections of the Patna Parliamentary Constituency and appoint another day and hours for fresh poll.

(2.) It is stated that by mere issuance of the impugned notification it is manifest that there was large scale of booth capturing and malpractices on the day of polling of this Constituency, which would definitely affect the result of the election. Therefore in such a situation it was obligatory on respondent No. 1 to countermand the entire election instead of only 700 booths. It is further stated that to the knowledge of the petitioner, authentic reports were furnished to respondent No. 1 regarding booths capturing, intimidation and threat to the voters and other nature of corrupt practices almost at all the booths of the Constituency, therefore, there could be no justification to select only few booths for repoll.

(3.) It is alleged that non-performance of statutory functions of respondent No. 1 strikes at the root of free and fair election, which is a basic feature of parliamentary democracy. In order to arouse faith of general public on the democratic pattern of the Government, free and fair elections to elect representatives are the bask requirements.