Documentation Monthly - Election Commission of India

Transcription

Documentation
Monthly
Vc/--7K
No. 10
Eleetion Commission of India
CONTENTS
Page Nos.
CHAPTER - I
Books and A r t i c l e s
4 - 1 6
CHAPTER - I I
Notes on j u d i c i a l decisions
i n e l e c t i o n matters.
/
17
— 58
59
-
79
Disposal of e l e c t i o n p e t i t i o n s . 80
-
90
CHAPTER - I I I
Cases of d i s q u a l i f i c a t i o n s .
CHAPTER - I V
CHAPTER - V
Vacancy Statements*
91
— 101
CHAPTER " V I
Comm$.ssion's views and pressstatements on c e r t a i n aspects
of e l e c t i o n s .
CHAPTER -
102
-
119
VII
Special measures to safaguard
the interests of ueakers
sections at elections.
120 «
122
123
129
CHAPTER - .VIII
Press reports on elections
and political systems of
foreign countries and other
matters of interest*
* * •• •
-
137 -
•tpf
Tile Documentation is intended to acquaint
the Officers and staff of the Commission and the
Chief Electoral Officers and their staff with
articles on current political issues published
in Periodicals/Newspapers, received in the
Commission's Library, Development in the field
of Electoral Law and Procedure, Progress in the
disposal of election petitions, judicial
decisions thereon, Commission's decisions on
questions as to disqualification of members to
either House of Parliament or of the State
Legislatures and bye-elections to both Houses
of Parliament and State Legislatures,
- 4 " ' CHAPTER' - I
BOOKS
AND
ARTICLES
A number of articles on current political issues
and other matters of interest appeared in various
periodicals/newspapers which were received in the
Commission's Library during October, 1985.
A list
of such articles, as.are considered to be of special
interest, is given in the following pages:
LIST OF ARTICLES FOR OCTOBER, 1 9 8 5 .
AUTHOR
A.
(a)
TITLE
•
REFERENCE
FOREIGN ELECTIONS' AND POLITICS
Magazines
Anita Pratap
S r i Lanka Talks-Signs
of Progress.
Bakshi,Deven
LJill Hasina Bite Ershad's Onlooker: Sept.,
.Bait?
J 23-0ct., 7,1985,
i
PP« 38-42. >
The writer analyses
(
developments in Bangladesh
in the wake of speculation
that Lt. Gen« Ershad and
Sheikh Hasina Uajed uould
seek saudi Arabia's help
to patch up their
differences.
Puri,Rajinder
Under Attack.
IUI: October 6-12,
The writer thinks that
1985 p. 39.
President Zia's credit with
the West is running out.
L/ith the return of
Benazir Bhutto, an alternative
is beginning to emerge.
The ghost of her father
has begun to hound the
Zia regime.
Young,Jacob and An 'Electoral Earth Pottinger,Ken
quake'.
Sunday:October
6~12,138l5,pp.2829.
Newsweek:Octo ber
21,1985, p.87.
Reg. the elections in
Portugal held in early
October.
Young,
g, Jacob and Warsaw. Uoos the Poland.
Seward,Debbie
R e g. elections in
Poland.
Newsweek: October
14, 1985, p.15.
Contd,..
- 6 AUTHOR
REFERENCE
TITLE
(b) Newspapers
P a t r a, S a r a 1
H.N.S.
Singh,Rai
Bangladesh: Closed-door
Politics.
Patriot:New Delhi,
October 8,1985,p.4.
Pakistan's Military
Build-up.
The Hindustan Times:
New Delhi,October
14,1985,p.9.
Has UN Failed ?
National Herald:New
DeMhi,October 2 1 ,
1985, p . 5 .
Sarrna,K\/S Rama
Turning point At Nassau. National Herald:Neu
-r...
,
Delhi,October 26,
This i s a commentary on V
'
tne proceedings, of the
Conference of the Commonwealth heads of government.
Dar, A.i
'America Today —I
Limits Of Powers.
I n d i a n Express:Neu
D e l h i , October 2 8 ,
1985, p . 6 .
Oar,A.N.
America Today - I I
H a l a t i o n s With I n d i a .
Indian Express:New
D e l h i , October 2 9 ,
1985, p . 6 .
B.INDIAN ELECTIONS AND POLITICS.
(a)
Magazines
Baweja,Harinder Noises Against
NTR,
Reg, the political
situation in Andhra
Pradesh.
Probe Ijidia: October
1985, pp. 52-54.
Baue ja, Harinder Restoring A Gov/ernment
Probe India: October,
1985,. pp. 15-18.
Without Bloodshed.
This is a report on theelections in Punjab which
were held amidst the
threat of terrorism.
- 7_
ALTTHOR.
Bhattacharya,
Sbubbabrata
Burger,Uilliam
REFERENCE
TITLE
Kerala's Fragile Coalition. Sunday:October
6-12, 1985, pp. 12The author analyses the 14.
political uncertainties in
the State.
Giving the Sikhs A Turn. Neusueek: Octo ber ?,_
,,
,
„
' 1985, pp. 33-34.
Heg. the outcome of the
Punjab elections.
D
Dssmond, Eduard U."A Crusade For Moderation". Time: September
...
. . . e c, .
30,1985,p.21.
c
Reg. the visit of Shri
'
'^
Rajiv Gandhi to Punjab on
the eve of elections.
Punjab and
Communalism.
Seminar:October 1985,
pp. 25-38.
Johrson,
Marguerite
TimePOctober 7,
"Democracy Has Uon",
1985, pp. 24-25.
R e g. the outcome of the
Punjab elections.
Kaur,Harsharan
Elections-Tight Rope
Caravan:October(1st)
1985, p,18.
U a lk.
The writer feels t h a t the
elections in Punjab will
be fought over the Punjab
accord. There is a p o l a r i s a t i o n
on communal l i n e s United
Akali Oal may cut into Akali
votes.
Majumdar,
Plodhumita
I s l a m , P o l i t i c s And The
Lau.
Sundays oct.ober 6 - 1 2 ,
1985, pp." 3 0 - 3 2 .
The author traces the
course of Muslim p o l i t i c s
since I n d i a ' s independence
and p a r t i t i o n .
nitra,Sumit and The Importance of Being
Chaul a ,Prabhu
Arun Nehru.
A profile of Shri .run
Nehru's progress.
India Today:
October 16-31,1985,
p p
•
6
°-64>69-
- 8AUTHOR
Philip,
Cherian
REFERE CE
TITLE
The Small "Big •
Brothers".
Sunday: October
6-1Z,1985, p.18,
The author profile the
small parties in Kerala
uhich hold the key to
the life of coalition
governments.
Puri,Rajinder
IUI: October 27Punjab Elections - The
Novembar 2,1985,
Aftermath.
p. 51 •
The author outlines the
implications of the Akali
victory and points out
uhy Shri Parkash Singh
Badal i s the man,to
uatch.
Rao,Chitra
Nilangekar Calls The
Shots.
Probe I ndia: October
1985, pp. 32-33 & 77,
Reg. the p o l i t i c a l scene in
in Maharashtra,
Rustamji,K»F,
"Uhy Sikhs have taken
to terrorism.
Probe India: October
1985, p . 1 1 .
Sharma,RIta
Raj Kariga Khalsa.
Sunday: October 6-12
1985, pp. 26-27.
Reg. the Akali Oal
victory in the Punjab
elections..
Shouri,Arun
New Tasks ForA
IUI:October 6-12,
Situation.
1965, pp. 20-23.
Against the backdrop
of the signing of the
Punjab and Assam accords,
the u i r t e r analyses the
r e a l i t i e s of the polity
of r e c o n c i l i a t i o n .
Singh,Raminder
and Thukral,
Gobind.
l/erdict Against Extremism.
India Today:
October 1-15,
1985, pp. 22-35
The writers feel that the
more important outcome of
the Punjab election uas the
eclipse of the forces of
terrorism and boycott. People
wanted to push painful memories
into the background and to give
peace a chance.
-
9 -
TITLE
AUTHOR
REFERENCE
( b) Newspapers
Khanna,K.C.
Ministerial Reorganisation- The Times of
S t i l l Tilting kt
India:l\!eu Delhi,
Windmills. "
.
October 1,1985,
Reg. the reorganisation
of Central m i n i s t r i e s .
Singh, RahuJ.
Nou For The serious
LJork.
Reg» the new ministry in
Punjab and the tasks
before i t .
Indian Express:New
Delhi,October 2,
1985, p . 6 .
Mathur yGiris-h
P o l i t i c s of Conflict
may return to Punjab,
Patriot:New Delhi,
October 2,1985,
p.4 f
Oain,Girilal
The akali Victory In
Punjab - Rajiv Gandhi's
Role.
The Times of India:
New Delhi,October 2,
1985, p.8.
Singh,Karan
Democracy Triumphs.
Indian Express:
New Delhi,October
Reg. the outcome of the 3,1985,
p.6.
Punjab elections.
Editorial
"Another Phase.
The THindustan Times:
,,
,
.p.
New Oe lhi, Qcto ber 4 ,
Reg. the prospects of an -jgoq
g
•
v
election -in Assam in
'
*
•
c
the near future.
Menon,N.R.
Madhava
The Lok Adalat Experiment. The Hindustan Times:
New Dslhi October 5,
1985, p.9.
Mitra,Chandan
Raj Karega Khalsa-I
rikali Growth Communal
Polarisation.
The Statesman: Delhi
October 4,1985, p.6.
Fiitra, Chandan
Raj Karega Khalsa-II
Barnala.Unlikely
Defender of Faith.
The Statesman:Delhi,
October 5,1985,p.6.
-
REFERENCE
TITLE
AUTHOR
Editorial
10 -
October 5,1985,p.6.
And Now I n Meghalaya.
Reg. the impact of the
Assam accord on'
Meghalaya.
Reddi,0.S.
Rajiv A s Prime Minister National Herald:
.v
, ' 'New Delhi,October
Reg. the. achievements
.6, 1985, p . 5 .
of Shri Rajiv Gandhi
ysince he became the
Prime Minister.
Jain,Meenakshi
In Search' of a Strategy.
The Times of India:
New- Delhi; October,
6,1985, p.I.
The Congress party has
been in search of- a
winning strategy since
1967. In the 1984 elections^
the Congress has lost
Andhra and Karnataka and
done well in the North*
But even in the north the
picture is not as reassuring
for the party as its
•overwhelming majority in the
Lok Sabha would suggest
Shri Rajiv/ Gandhi has now. .
reshuffled his cabinet and
given very strong representation to the, north. The
authoress discusses its . .
possible implications, in the
contextôf the party^s
electoral fortunse since
1967.
Edftorial *
•Unwise
••
.-
Statism.
New Delhi,October
The A kali Government
7,
1985, p.9.
in trying to project
i t s e l f as a zealous
guardian of Punjab' s
interests, ,seems determinded
to fritter away the fund of
goodwill from all quarters
that attended its installation
in office by taking a services of
decisions and public statement's
of nkerli leaders which will.despgn
the disquiet among the minorities
and sow the seeds of confrontation
with the Centre.
-
11 REFERENCE
TITLE
AUTHOR
Editorial
Refashioning The Party.
.,
^
-„,
fteg. the recent shuffle
of the Union Cabinet.
October 7,1985,p.6.
'•
*.
Chopra,V.D.
Some lessons from
Punjab e l e c t i o n .
Patriot:New Delhi,
October 7,1985,p.4. .
Editorial
Polarisation
Indian Express:
New Delhi,October
8, 1985, p.6.
Rarigara jan*R,
Purrjab:Uhat
Reg.
In Assam,
Next ?
the Punjab accord,
National Herald: New
Delhi,October 8,
1985, p.5.
Sundaram,S'.
Punjab elections:Some
dimensions. •
Patriot:Neu Delhi,
October 8,1985,pr.4.
Menon N,C.
Risks ahead For
Barnala.
New Delhi,October 9,
1985, p.9.
Threat From The
Periphery-Perils. Are
n To See*
The.
,K«C.
Times Of I n d i a ;
Neu,D e lhi,
October 9,1985,p.8,
Reg. thje state of the
Congress Party and i t s
future prospects i n the •
:-:'•'•• L | A *...
country*
ftandhir,G,5.
.
.
. .
PoJ-JL results analysed-I
National Herald: N,ew
No erosion of Cong.bases. Delhi,October 5,1985,
p.6.
Randhir,G.S.
Randhir,G.S.
P o l l results analysed-II
/Strongholds' a myth.
Pola. r e s u l t s analysed-III
U p h i l l task for Barnala.
National Herald:New
D e l h i , October 6,1985,
p.6.
National Herald:
Delhi,October 9,
1985, p.6.
Editorial
•Barnala's
tasks.
Reg. the•tasks be fore
Punjab Chief Minister
S u r j i t Singh Barnala.
P a t r i o t : New Delhi,'
October 10,
the
p.4.
AUTHOR
12 -
•
REFERENCE
TITLE
Karlakar,
Hirantnay
assessing Rajiv
Gandhi.
Sahay,S.
A Close Look:More Than
F i r s t Among. Equals.
This i s a comment on the
recent r e s h u f f l e of the
Union Cabinet.
Desai,M.H*
MTR Ministry- On the
Mat.
Reg. the p o l i t i c a l scene
i n Andhra Pradesh.
K i d u a i , A nser
Editorial
by Shri
National Herald:
New Delhi, October,
10,1985, p.5.
Hajiv
Future of the Danata
Party.
•An I d e n t i t y l e s s
Party-.
Reg. the state of the
Bharatiya Janata Party
Triaryan,P.
The Statesman:
Delhi,October 10,
1985, p.6.
Reshuffle arid regroupings. National Herald:
,,
,
,P P 1 New Delhi,October
Keg. the recent reshuffl-,
«QQC: ' q
n
ing
the Union
m g of
of the
'
' H
Cabinet
Gandhi.
Sethi,3.0.
Indian Express:
New Delhi,October•
10,1985, p.6.
Indian Express:
NGU Delhi>Qctober,
11,198 5., p. 6.
The Times of I n d i a :
New Delhi,October
11,1985, p.8.
Adjustment I n P o l i t i c s The Hindustan Times:
Goodwill Begat©
Goodwill. New Delhi,October
,g. the appreciation that
12,1 98 5, p.9.
soraa
opposition -leaders
have givan-'to Shri Rajiv
Gandhi's p o l i c i e s and way
of working.
Ghose,Loiita
and L a h i r i ,
Ashok.
Was Punjab P o l l
Communal?.
Indian Express:
New Delhi,October
12,1985, p. 8.
Thakur,
Danardan
Behind The A k a l i
Victory.
New D e lhi,October
13,1985, p . I .
Sinha,Arati
Governors^Discretionary
Patriot:New D e l h i ,
Powers and I n t a r f e r e n c e . October 14,1985,p,4.
Editorial
Decline
of 3anata.
N
i o n a l Herald:N.Delhi,
ober 14,1985,p.5,
-
13 -
TITLE
AUTHOR
REFERENCE
Menon,N.C.
Congress-I: No F a l t e r i n g The Hindustan Timei
Giant.
•
New Delhi, October '
,,
, 4.
16, 1985, p . 9 . '
P ,,
Reg. the s t a t e of the
Congress-I in the country
and t h e ac+iivements of
•Shri Rajiv/ Gandhi.
K iduai,anser
Parties Sans Principles. National Herald:
New Oelhi,October
Reg. the state of the 17,1985, p 5 .
o
various political parties
in the country.
Kakati,Satis C.' After the ..ccord-Inner
Lice Curbs For
The Statesman:Delhi
October 17,1985, p.
C.N.Uijaya
The Statesman:.Delhi
October 17,1 985,p.6
Karnataka NeusletterOpposition Leader In
ward S i t u a t i o n .
Ghosh,Sailendranath
Reforming The
j u d i c i a l System.
The Hindustan Times
New Delhi,October
18,1985, p.9.
Ganguli,nmulya
D e l h i ' s Nan For Bengal:
The Statesman: Delhi;
Hou The Neu PCC(l) Chief October 19,1 985, p . 6 ,
U i l l Fare.
Editorial
Opposition Disarray.
Reg. the stat§ of the
National opposition
parties.
New Delhi, October 2.'
1985, p . 9 .
Ran jara jan, f\.
Menance of Regionalism.
National Herald:
New Delhi,October 22
1985, pp. 5 & 7.
K idLjai,c»nser
Centre-State Ties Stability Prime Factor.
National Herald-:
Neu Delhi,October
23,1985, p.5
Bhargava,G.S.
NTR: Innocence &
Experience.
Indian Express;
New Delhi,October
23,1985, pa 6.
nndhra Pradesh under
the Chief Minister ship
of N.T.Rama Rao.
— 14 —
Kirpekar,
Su bhash
R EFEREMCE
T I T LE
HUTHOK
t3
Ba nk That
Failed.
Nation?
At
The Times o f I nd.iaS
Neui D e l h i , O c t o b e r
p.8.
2 3 , 1985,
New D e l h i , O c t o b e r
24, 1985, p . 9 .
Gangal» Anurag
United
Forty.
Editorial
Sad Postponement.
I n d i a n , Express; New
,
•' , .
,
,
e D e l h i , October 24,
Keg. t n e postponement of , g f i L .
,
C i v i l elections" i n Tamil
Nadu.
5ethi,3.D.
a Year Of Rajiv
Gandhi,
Meghalaya1s Turn.
Reg. the ' f o r e i g n e r s '
issue i n Megha-laya,
Editorial
Assam And P a r t i e s .
Indian Express:
Neu Delhi,October
1985, p.6,
25,
Indian Express:
Neu Delhi,October 25,
1985, p.6.
National Herald;
25,
„ . , n rDelhi,October
, „
R eq . the s t a t e , of the
•
T
,. - .
1985, p«5.
r e g i o n a l p a r t i e s i s nssam.
'
Mukherjee,Pranab Indira Gandhi -The
Leader.
fiamachandran,
CP.
KUSUM
Indira
Gandhi
The author traces the
history of Smt. Indira
The Sunday Statesman
(MiscellaryjDelhi,
October 27,1985,pp.
1 & 2.
Ueekly:Neu D e l h i ,
October 27,1985, p. I .
Gandhi's performance
during the period of her
Prime Hinistership.
Towards Speedier Justice.
The Hindustan Times
Early this month the
VJeeklysNau D ^ l h i ,
f i r s t Lok adalat uas h e l d 0 c t o b B r 27,1985,p.I.
in the c a p i t a l . The author
reviews the usefulness
of such people's courts
which
have been-functioning
i n some states, especially
Gujarat,
for quite some time.
-
.TITLE
MUTHOR
Mahajan,
15 REFERENCE
Neither
Lok Nor n d a l a t s . The Hindustan Times:
~ ,
,
New Delhi,October
.On the usefulness and
9 R 1qnr
q
f u n c t i o n i n g of the
Lok A d a l a t s .
r
Singh,3asuant
National Security
Concept-I.
T a c k l i n g a nuclear
neighbourhood.
ndian Express:
29,1985, p . 6 . . '
Singh,Dasuant.
National Security
Concept-II .
Looking f o r a f o r e i g n
policy.
I n d i a n Express:
30,1985, p . 6 .
Gadkari,J.P,
What's the game, Fir Hegde? Patriot:New D e l h i ,
... ,
x.^
October 3 0 , 1 9 8 5 , p . 4 .
Uhat
are the reasons
*
> i- •
behind t f i i s sudden change
of Chief M i n i s t e r Ramakrishna
Hegde?
Is i t because he
i s facing g r e a t e r o p p o s i t i o n
from w i t h i n his Janata P a r t y ,
or has he become cencerned
t h a t he faces a f a t e s i m i l a r
to Bhajan L a i ' s of Haryana?
Goyal,D.R,
National Herald:
Delhi,October
The author says t h a t the „,-, 1 Q f i c .
j7.
u
events on the eve of the ^ » ' * 0 & > P'=
Indira
Gandhi Abides
martyrdom annversary of
Smt. I n d i r a Ga n dhi
i r r e s i s t i b l y compel the
thought she l i v e s on.
Editorial
Drama In
Politics.
On the p o l i t i c a l scene
i n Tamil Nadu . aff.er the
Chief M i n i s t e r ' s a f t e r
to step doun i n favour
of new leader.
New Delhi,October
30,1985, p . 9 . •
Oatta-Hay,
Sunanda K.
Young
Man Goes Uest?Implications Of Moscow
Stopover.
Anand,y.Eshuar
Waiting For H Lok P a l - I
Not A Paper Tiger
, October 2 9 , 1 9 8 5 , p . 6 .
Ombudsman.
The Statesman: D e l h i ,
October 3 0 , 1 9 8 5 , ^ . 6 .
-16
REFERENCE
TITLE
,inand,l/.
Eshuar
LJaiting For A L o k F a l - I I
Restoring Public Faith In
The System.
The S t a t e s m a n : O e l h i ,
October 3 0 , 1 9 8 5 , p . 6 .
Sahay,S
A Year after
The Statesman: D e l h i ,
October 31 ,1 9 8 5 , P . 6 .
firs. Gandhi.
Rangarajan, The Matchless Leader.
R
L*
F<Qg.. Indira Gandhi.
National Herald:
Neu D e l h i , O c t o b e r .
31,1985,p.III.
Chakravarthy,
Nikhil
N a t i o n a l Herald:Neu
D e l h i , O c t o b e r 31,1985,
p. I V .
Indira-One
Year
*fter,
Kiduai,
A'riser
Indi ra Gandhi's charishma.,
National Herald;
Neu D e l h i , O c t o b e r 3 1 ,
1965,
p.5. '
Fiishra,R.K.
That F r a i l Uoman LJho
B a t t l e d A l l Her L i f e .
On I n d i r a Gandhi.
I n d i r a Gandhi-In
Memoriam.
Patriot:Neu QGlhi,
October 31 ,1 9 b 5 , p . 4 .
Das,Arvind
N.
Bihar Under The Raj - I
hoots Uf Under
Development.
The Times o f I n d i a :
Neu D e l h i , O c t o b e r
30,1985,p.8.
Das,Arvind
N.
•
I I - S o c i a l Change I n
In Colonial Bihar.
The Times of I n d i a J
Neu D e l h i , O c t o b e r
31,1985, p . 8 .
Rustamji,
K.F.
I n t e r n a l Security
Tasks - I
Undoing The dafnage.
Neu D e l h i , O c t o b e r ,
31,1985, p . 6 .
Rustamji,
K.F.
I n t e r n a l Security Tasks-II
R e b u i l d i n g from t h e
bottom.
'
Neu D e l h i , Nov/ember
1,1985, p . 6 ,
SenjMohit
Patriot:Neu Delhi,
October 3 1 , 1 9 8 5 , p . 5 .
- 17 *
CHAPTER-_I_I
NOTES ON JUDICIAL DECISIONS IN ELECTION JITTERS.
Under section 106 of the Representation of the
People Act, 1951, the High Courts are required to send
a copy each of the orders passed by them in election
petitions.
Similarly, under section 116 of the same
Act, the Supreme Court is required to send, a copy
each of the orders passed in election Appeals,
Gists
of these orders are published in this chapter uith a
view to acquainting readers of tha salient points of
these orders.
This issue contains the gists of orders
of High Courts in three election petitions - one each
from Himachal Pradesh, Rajaathan and Uttar Pradesh. All
these election petitions were dismissed by the High
Courts,
In addition, judgment of the Supreme Court in
Urit Petition No.11738 of 1985 challenging the payers
of the Commission to issue Election Symbol (Reservation
i
and Allotment) Order, 1968 was also received."
p e t i t i o n uas, dismissed by the Supreme Court.
The
The
judgment is reproduced in f u l l in the following
pages:
- 18 IN.
THE.
HIGH
COURT
OF
HIMACHAL. PRADESH
(ELECTION PETITION NO. 1 of 1985)
l/irendra Kumar
.
- Versus -
Yog Raj and another
...
Petitioner
.
...
Respondents
Through this election petition, Shri
'
Virendra Kumar,, a defeated candidate challenged the
election of Shri Yog Raj to the Himachal Pradesh
Legislative Assembly from 39-Pragpur (SC)
assembly
constituency in the General Election held in March,
1985. The petitioner secured 115212 votes as against
12272 secured by the sleeted candidate', Shri Yog Raj
(Respondent No. 1 ) .
The petition was filed on the ground of the
following irregularities in ths counting of votes.
1. The counting staff were nominees of
respondent l\lo.1 and were highly interested
ih his success. Counting agents were made
to sit on low benches,and uere not allowed
to inspect ballot papers or watch the
counting process.
2. Oral objections raised against the errors
committed' in the course of counting by the
counting staff were .ignored by the concerned
authorities.
- 19
-
3. A large number of valid votes in
favour of the petitioner uere rejected
. on flimsy grounds.
4. The postal ballot papers were not counted
in the presence of the petitioner or his
counting agents.
5. The entire counting process was supervised
by the Assistant Returning Officer instead
of the Returning Officer and was, therefore,
illegal. At thoclose of the counting, no
announcement was made by the Assistant
Returning Officer about the number of votes
secured by aach candidate which was
essential to enable the aggrieved candidates
to oxercise their right to demand recount.
Oispite this ommission, the petitioner did
apply for recount but his petition was
rejected by the Assistant Returning Officer
by a non-speaking order passed at the
behest of respondent No,1.
The respondent No. 1 raised a preliminary
objection to the maintainability of the petition
on the ground that the petition did not satisfy the
provision of section 100(1)(d)(iii) and (iv) as
it was not specifically pleaded that the result of
the election in so far the elected candidate
was concerned was materially affected due to
improper reception or rejection'of votes. The High
Court ruled that although the petitioner did not
use the phraseology -of section 100(1 )(.d), the
irresistible conclusion that he intended to convey
was that irregularities committed during the counting
of votes titled the result in favour of the
returned candidate.
It, therefore, held-that the
- 20 - "
requirements of the said section uere substantially
met and overruled the objection.
As regards the allegations Nos. 1 and 2
levelled by the petitioner, the High Court stated
that the petitioner did net say in his deposition
whether any of his counting agents had complained
to him that he could not uatch the counting due to
improper seating.
It added that at least two
witnesses who deposed stated that the could effectively
uatch the counting and that they raised objections
which were heard by Assistant Returning Officer ai^d
corrective action taken.
It, therefore, rejected
the allegation.
Regarding allegation Nos. 2 and 3 the High?
Court without going into the controversy of inproper
reception or rejection of votes, stated that even
if all the rejected votes and the difference in the
number of postal ballot papers were 'added to the tally
of votes secured by the petitioner, his votes would
still be less than those of the elected candidate.
The High Court ruled that the application for
recount of votes submitted by the petitioner uas
rightly rejected by the Assistant Returning Officer
as it did not contain any grounds for recounting.
'As none of the allegations was proved, the
High Court dismissed the Election Petition with costs
vide £ts order dated 27,9,1985.
— 21 —
IN
THE , HIGH
COURT
OF
JUDICATURE FOR RA3ASTHAN
JAIPUR BENCH, 3AIPUR
. (. ELECTION- PETITION NO. 10 OF 1980 )
Shobha Nand
. . . Petitioner
- Versus -
Hazari Lai & others
. • ,. Respondents
Shri Shobha Nand, an elector, challenged the
election of Shri Hazari Lai to the Rajasthan
Legislative Assembly from
23- Pilani assembly
constituency in the general election held in 1980.
The ground of challenge was that the
name af
Shri Sheesh Ram Ola was not included in the list of
contesting candidates on the' basis of the notice of
withdrawal submitted' on 5th May, 1980 purported to
have been signed by Shri Ola and delivered by his
proposer Shri Mahendra Singh.
He complained•to the
Returning Officer that his candidature had been
withdrawn by an unauthorised person and he should
ba permitted to. contest the election as a candidate
of Indian National Congress,
Shri Shobha Nand contended that the notice
of withdrawal was not in the prescribed form and that
the Returning Officer had not indicated the hour and
the date on
which it was delivered to- him. Therefore,
- - 22 the withdrawal was improper and its wrongful acceptance
should be equated with improper rejection of nomination
papers.
The effect of such a withdrawal was that
Shri Ola
who according to the petitioner was a.
formidable candidate, was kept out of the contest.
The counsel for Shri Hazari Lai contended
that section 37 of the Representation of the People
Act, 1951 and'the relevant rules regarding withdrawal
were directory.
It was also contended that notice
of withdrawal was a composite and a legally valid
document.
Shri Ola did not appear as a .witness
nor did he file any statement which showed that his
withdrawal was proper.
The Counsel also urged that even if it was
held that candidature of
Sheash Ram Ola was irregularly
withdrawn the case stood covered by Clause (iv) of
sub-section (i)(d) of Section 100 of the Act of
1951, which was not analogous to the provisions of
Clause (c) of Sub-section (1) of section 100 of the
Act of 1951,
There was no provision in this Section
about the improper acceptance of the notice of
withdrawal.
There was nothing to show that such an
acceptance of a notice of withdrawal was to be
vitiated.
As the present case does not fall within
the first three clauses of section 100(1) of the
Act of 1951, it falls within the residuary clause i.e*»
- 23 clause (iw) of aub-ssction (i)(d) of section 100
of the Act of 1951,
None of the witnesses examined
on behalf of Shri Shoba Nand has been able to shou
as to hou the result of the election, in so far as
it concerned Shri Hazari Lai had been materially
affected.
On a perusal of the documents and the
statement of the Returning Officer the High Court
held that strict compliance with' section 37 of the'
Representation of the People Act, 1951 uas not made.
It added that, it, could not be held that a valid
notice of withdrawal uas submitted before the Returning
Officer and the same was accepted by him in terms of
section 37 of the Representation of the People Act,
1951 .
The High Court then proceeded to consider
whether an improper acceptance of the notice of
withdrawal could result in voiding an election.
The counsel for Shri Shoba Nand submitted
that by accepting the notice of withdrawal in
breach of section 37 of the Act of 1951, Shri Sheesh
Ram Ola was kept out of the arena.
He was a
formidable candidate from the point of view ,of the
electors as well as the winning candidate and the
< Returning Officer by accepting the withdrawal
facilitated
the success of. Shri Hazari Lai and on
this ground the election'should be declared void.
"
On the other
Lai submitted that
-
24
-
.
hand, counsel
••••
for
Shri
.
Hazari
the case before the- High Court
uas of wrongful r e j e c t i o n of the nomination" pape-r
and uas not t h a t
of a wrongful acceptance of
withdrawal of candidature
Legislature
in its
of a candidate. The '
wisdom, while amending section
100, vide Act No. 27 of 1956 and Act No. 47 of
1966, did not consider
words
'wrongful
section
of
(c)
it
to include
acceptance of withdrawal'
of sub-section
the Act,
necessary
(1)
uf
beihq clear,
i n sub-
SocLi.'n 100
1951 and as such t\ha i n t e n t i o n
Legislat-ure
the
of
the
the wrongful acceptance
of withdrawal could 'not
be equated to keeping out
a candidate improperly,
specially
Ola-being given van opportunity
statement•had
neither
petitioner
by f i l i n g
supporting
it
to
when Sheesh Ram
file
accepted the case of the
a w r i t t e n statement
by.making a statement
of Shri Hazari Lai and held that
though defective
in
or by
on oath.
The High Court agreed with the
'candidature,
a written
contention
the withdrawal of
form, could not be
equated tc the keeping Shri Sheesh Ram 0 1 a , out
of
contest.
The e l e c t i o n p e t i t i o n was dismissed by the
High Court vide i t s
order
any order as to costs-
dated 14.6.83 without
-
25 -
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(LUCKNOW BENCH) ' ••'
ELECTION PETITION NO. 2 OF 19 85
Ch.
Azhar
Hussin
...Petitioner
Versus
Sh.Rajiv
Gandhi
,
...Respondent
Through t h i s election p e t i t i o n , the
petitioner,
of the constituency and Claiming1 himself
an elector
to be a worker
the election
of Rashtriya Sargny Planch, challenged
of Shri Rajiv Gandhi to the
House of the
People from '25-Amethi parliamentary constituency
Uttar
1984.
Pradesh in the General Election held i n December,
He alleged that the respondent
was g u i l t y
<?),
in
(.3),
of corrupt
(3A),
that some of
practices under sub-sections
(4) and (7)
Representation of the
Shri Gandhi
of section 123 of the
People Act, 1951,
these corrupt
("0,
It
uias alleged
practices uere committed
by some agent -
other than the election agent of the
respondent.
uias also contended that
It
provisions
^
of the
Act' uere violated i n connection u i t h counting and .deployment
of
Presiding Officers
and Counting
staff.
The respondent challenged the maintainability
election p e t i t i o n on the grounds that
by the petitioner
as i t
alonguith
the a f f i d a v i t
of the
filed
the p e t i t i o n uas defective
did not conform to Form No.25 read u i t h rule 94A
of the Conduct of Elections Rules, 1961, that
the contents i n the
some of
p e t i t i o n uere defective" and that
contd,...„.
- 26 the petition did not set out the material facts of
the alleged corrupt' practices.
The petitioner filed an amended affidavit.
He
also filed two applications seeking amendment of the
election petitions, The High Court referred to one of the applications,
namely, C. PI. A .No,26 (E) of 1935 for a neu affidavit.
The affidavit filed uith the election petition initially
did not conform to Form No.25 read with Rule 94A of the
Conduct of Elections Rules, 1961.
The High Court stated
that this defect uas not fatal to the maintainability of
an election petition because section 83 cf the Act, which
provides for the affidavit to be in the prescribed /form,
uas not included in Section 86 (1) of the Act uhereunder
an election petition shall be^dismissed if it did not
comply with the orovisions of Section 81 or 82 or 117 of'
the Act.
It has been held in the case of Fluraria Radhey
Shyam Rarn Kumar Vs. Roop Singh Rathore & others (AIR 1984
Supreme . Court 1545) that a defective varifieation of the
affadivit is not fatal to the election petition and may
be allowed to be filed at a later stage.
The importance
of affirmation, as held in the case of l/irendra Kumar
Saklecha Us. Dagjiuan and others (AIR 1974 Supreme Court 1957)
is to test the genuineness and authenticity of the
allegations and also to make the deponent responsible for
the allegations.
There uas thus no legal impediment
contd......
-
27 -
in permitting the petitioner
to do that even after
expiry of the period of limitation for
petition.
for
filing
an election
In the circumstances C.M.A.No.26(E)
permitting to f i l e
a new a f f i d a v i t ,
filed
seeking amendment of t h e election
and objections
raised against i t
High Court uent into the
election p e t i t i o n .
of 1985,
uias allowed.
Before considering the applications
petitioner
the
by the
petition
by the respondent,
legal requirements
the
of a valid
In the light of the Supreme' Court
judgment in Ruplal Sethi Ms, Nachehatar Singh (1982) 3 5C
Case 487, the High Court ruled that the uord
facts
of the
occurring in section 83 (i)
of tht3 Representation
People Act, 195T^neans facts
of formulating a complete
Based on l\illa
of action.has
'material'
'cause of
necessary for the
purposes
action'.
on Code of Civil Procedure; Cause
been defined in the above mentioned case
as follows:
"A cause of action means every fact, uhich, if
traversed, i t uould be necessary for. the p l a i n t i f f
to prove in order to support his r i g h t to a judgment
; of the court.
It does not comprise
evidence necessary to prove such facts but every
fact necessary for the p l a i n t i f f to prove to enable
him to obtain a decree.
Everything uhich if n o t '
proved uould give the defendant a r i g h t to an
immediate judgment must be the part of cause of
action.
It i s , in other oords, a bundle of facts
uhich i t is necessary for the p l a i n t i f f to prove
in order to succeed .in the s u i t . 1 '
Therefore
fact uhich the
a petition
must set out each and every
lau requires to be proved in order
to
contd.»».,
- 28 'arrive at a requisite decision.
Any vagueness- uil-1
entail its dismissal as already held by Supreme Court
in Mithlesh Kumar Pandey Vs. Baidyanath Yadav (1984 SC 305)
etc.
The High Court referred to various Supreme Court
decisions in uhich the expression 'ua.gue' and ingredients
of various corrupt practices uere explained.
It then
quoted the provisions of Order 6 rule 16 of the Cade
of Civil Procedure and stated:
"It is beyond controversy that provisions of Order
6 Rule 16 C.P.C. apply to an; e lee ti on petition,
in view of Section 8? of the Act, The provisions
of Section 83 of the Act, read uith Order 6 rule 16
C.P.C, present the positive as well as tho negative
side of the pleadings in an election petition. Tho
former provides for what an election petition must
contain; the latter provides for uhat an election
petition must not contain.Jf One of' tho elements in,
clause (h) of .Order 6 rule" 16 C.P.C.- discountenances
a ploading which tends to embarrass the other party.
To embarrass 'means, as set out in Uabster IHrd Neu
International Dictionary, 1971 Edition, Volume I,
page 739,' to place in doubt^ perplexities or
difficulties,'' That is the concept of vagueness;,
In the case of Davy V. Garret 1878, 7 Ch.D.47.3, it.
has been stated that each Darty is entitled, ex
debito justitia to.have his case against him presented
in an intelligent form so that he may not be embarrassed
in meeting it. At p.483 it has been laid down that
nothing is nore embaBr-assing to a defendant than a.
;
number of statements uhich may be irrelevant- and which
he, therefore, does not knou uhat to do. It uas
noticed that almost every statement in the claim
appeared calculated to embarrass the defendant
in ascertaining uhat is the'eage uhich he had to meet.
Uhat applies to a pleading calculated to embarrass,
applies eouali.y to the other ingredients of Order 6
rule 16 C.P.Ct> na.me.ly,,. to tho pleadings uhich are
unnecessary, frivolous or vexatious."
In the light of the case of Qashim Us. Cradock 1876
Vol.Ill Ch.Division 376 in uhich it was held that some of the
contd......
- 29 statements were true but they had been so mixed up with
other matters that it would not bo possible for tthe Court
to strike out any part, consequently the pleadinggs were
to ge struck ou,t as a whole, the Court added "If a oloading in the election petition lacks in all
the 'material facts', it would be bad for want of a
cause of action. Since an election petition must be
filed uithin 45 days of the. date of the election of
the returned candidate,, under Section 81 of the Act
it would not ba legally permissible to allci^ an
amendment to make good the deficiency uith regard ,to
a 'material fact under Section 83(i)(a) of the Act
beyond the said period of 45 -days because in the
meantime a valuable right would have accrued to the
respondent and it is well settled that amendment
must not be allowed normally to defect accrued valuable
rights. However, in respect of an allegation of a
corrupt practice under Section 83(i)(b) of the Act, an
amendment may be -allowed even after the expiry
of the oeriod of limitation provided that the
corruot practice itself has been alleged, and the
amendment appears to be necessary to the Court
for ensuring a,n affective trial of the election
petition. That is what Section 86(5) of the Act
contemplates."
In the case of Harish- Chandra Bajpai Us. Triloki
Singh & another (1957 SC 444), it was held that
greater details of facts and instances, already
given regarding a corrupt practice may be given by
amendmentj but, new ground, of .charges cannot be
raised by amendment. The same view could be found
in the case of'Ruplal Sa.thi (Supra),"
The High Court then took up the allegations to see
whether these contained material facts and disclosed
cause of action.
• One of the allegations was that Sh.fi.H^Beg, a former
Chief Dustice of India '''opoeared on the Government controlled
news media and made a speech praising tho respondent and
comparing his entry into Dolitics as the birth of new
contd.....
- 30 Arjuna, the insinuation being that the opposition were
the Kauravas".
It uas argued that Sh. Bog uas a gazetted
officer and he assisted the respondent in the furtherance
of his election prospects.
The respondent pleaded that it uas not alleged that
Sh. Beg uas in the service of the government and that his
services uere procured or obtained by the respondent, or
his agents or other persons uith the consent of the
respondent.
Further the petitioner had not set out the
exact uords used by Sh. Beg in his speech.
In the light of Supreme Court decision in K^M.Mani
Bs, P.3.Antony (1 979) SC_ Cases 221, in uhich it uas held
that a mere making of. the speech or exhortation uas not
enough and that transcript of the alleged speech or
contemporaneous record of the points or at least .substance
of the speech should have been made, it- Was held that
since this material fact has not been set out in the
election petition, this constitutes an incomplete cause
of a ction.
,
The second allegations against the respondent uas
that the INC, of uhich the respondent uas the general
secretary and subsequently the President, through the neus
media under their control inter-alia portrayed Akalis as
secessionists and anti-national and thereby promoted the
feeling of enmity.
It uas contended by the learned counsel
contd.',...
31 for the respondent that tho petitioner had not., set out facts
to show how the respondent promoted the feeling of enmity or
hatred among different clashes .of citizens, nor had set out
the names of the agents or other persons involved.^
It uas
urged that views expressed by parsons rcoardings the demands
of the Akali Dal were not corruot practice at all uithin
the meaning of the Act and that the allegation lacked the
material oarticulars.
It\uas also urged that matters,
uhich hapnoned three years before the elections, uere
.4
absolutely irrelevant.
based
on
•
The High Court ruled that this allegation uas/Apandpur
3ahib Resolution and not because the resolution uas an act
of the Sikh community.
the contents of the election petition
criticised the political views of the INC and could be said
to be on the
gjrounds of religion or community as cpntemplated
by section 123(3A) of the Representation of the People
Act.
The petitioner uas hold to have not set out the actual
uords of the respondent whereby the latter uas said to have
promoted such feelings.
The allegation^.therefore, lacked
material facts.
- Thirdly, the petitioner alleged publication of some
objectionable posters making pf objectionable speeches; and
distribution of objectionable pamphlets,
Tho High Court held
i
that there uas no material to prove that the respondent
contd......
• - 32 consented to those acts,
posters or
Noreouor, the transcript of the
speeches and the names of the workers uho
carried these posters uere net furnished.
The posters, and
press cuttings u s m an integral part of tha election
petition but these unro not filed.
The fourth charge against the respondent uns that he
made concessions, offers and promises to the .. e lectors of
Amethi parliamentary constituency on 13.11,1984,
The High
Court held that the process of election commenced from the
date of issue of notification on 29.11,1934 and, therefore,
the announcement"made before
a corrunt practice,
that date did not constitute
Moreover, the pleading did not,
contain the actual words used by the respondent uhich uas
an intoqrol part of the material facts.
It also did not
specify the bargain entered into by the,respondent with the
voters of the constituency.
The next allegation uas that the- official machinery
employed in the elections' uas terrorised by INC loaders
including tuo ministers- of Uttar Pradesh as a result of
uhiph fair and fcee elections could not bo .conducted,
Tuo hundred polling stations uere alleged to have been
coDtured with the help of the
aolics and polling staff
and that some ballot boxes uere found lyinq under a bridge.
The High Court held this charge to bo vague and embarrassing,
:ontd,
It uas alleged that a large number of ballot boxes were
found to have no seals and contained bundles of ballot
. papers with their counter-foils intact, that a large
number of counting agents of Rsshtriya Sanjay Manch were
not given passes for entrv to the counting area by the
Returning Officer and that a number of ballot papers, which
did not have the signature of Presiding Officers
' had been taken into consideration.
But no single material
fact in support of these allegations had been set out.
The pleading xUas supposed to rest on violation of the
•provisions of the Act under Section 100 (1) (d)-(iv) , but it
hod not been pleaded in uhat manner and uhich provisions
of the Act had been violated.
The Court held:-
"In my opinion, the ileadinq is clearly in violation of
the principles laid down by the Supreme Court in the
cases of*3itendra Bahadur Singh Us, Krishna Behari
(1970 SC 176), Ram Seuak Yadav Us. Hussain Kamil
Kiduai and others (AIR 1964 SC 1249) and Hari Ram Us.
Hira Singh (1984 2 SC Cases 35). The pleading in
these sub paras uas not in accordance with lau and
deserves to bo struck out."
Similarly the. allegation regarding the appointment of
unqualified class IV employees as Presiding Officers uas also
struck out as no list of such persons uas filed.
It uas also alleged by the petitioner that a book
'Son of India' uhich contained false allegations against
t-ne character of Mrs. Gandhi uas distributed in the
constituency and that this uas -coIculated to prejudice
contd. ......
the prospects
34 -
of the p e t i t i o n e r .
Since the
petitioner
uas.not a candidate but only an e l e c t o r ,
his
election
prospects wore not affected,
the
pleading
suffered
from lack of
Theieforo,
materinl.
In the end, the Hio.'n Court held l~
•-
The oldad'.nris contained in the- e l e c t i o n petition were
h i t h,y the mischief o^ Order 6 rule 16 C.P.C. They
have been found, s e p a r a t e l y , to be f r i v o l o u s ,
vexatious, unnecessary and embarrassing; some of them
have been found to contain
no cause of action at
-'11 as f a i l i n g to set out the material facts
contemplated" by Section 83{i)(d) of the Act. The
i n e v i t a b l e consequence i s t h a t a l l the pleadings,
contained in Paragraphs Nos.4(l) to (XVI i) must be
struck out.
The p e t i t i o n e r thereupon would cease
to disclose any cause of action whatsoever. The
p a r t i a l amendments, which ore capable of being aljLouei
as already indicated, do not improve upon the ultimate
nature of the pleadings.
The effect of non-diclosure
of a,cause of action would not merely be a r e j e c t i o n
of the p e t i t i o n under Order 7 r u l e ' 1 1 of C.P.C.
read with Section 87 (1) of the Act, but a dismissal
of the p e t i t i o n i t s e l f on merits under Section '98
of the Act.
In the case of Madan Lai Us. Zargham
Haider and others (AIR 1958 Allahabad 596), a Oivisior
Bench of t h i s Court held that after s t r i k i n g out of
the pleadings in the e iection "petition, the petition
i t s e l f i s liable to the dismissed on the ground that
i t did not disclose any cause of action and the
dismissal would be one on merits under section 98
of the Act."
The e l e c t i o n
p e t i t i o n was, t h e r e f o r e ,
with costs by the 'ligh Court vide i t s
1985.
dismissed
order dated 6 Hay,
'-
35 -
IN THE SUPREME COURT OF INDIA
MJILE^QXI 0 ! 1 i'P»1 I 7 3 8
Kanhiya
DF
L a i Omar
J?-§
....Petitioner
Versus •
R.K,TrivGdi
& Drs.
....Respondents
UENKATARAF-ilAH
In this
p e t i t i o n f i l e d under A r t i c l e
Constitution the petitioner
yalidity
challenges
the
constitutional
of the Election Symbols (Reservation and Allotment)
Order, 1959 (hereinafter
referred to as 'the 'Symbol Order')
which is' issued-by the Election .Commission
referred to as 'the Commission').
urged by the petitioner
that
32 of the
The principal
i n support of
the Symbols Order which is
(hereinafter
contention
his contention
legislative
is
i n character
could not have been issued by the Commission because the
Commission is
not entrusted by law the power to issue
such an order regarding the s p e c i f i c a t i o n , reservation and
allotment
of symbols that* may be chosen by the candidates
at elections
It
is
i n parliamentary and assembly constituencies.
further' urged that Article
324 of the Constitution uhich
vests the pouer of superintendence, direction and control
of a l l elections
t.o Parliament and to the
Legislature
of a Stats
i n the Commission cannot be construad as
conferring
the power on the Commission to issue the
Symbols Order.
contd
-
36 -
It is necessary to set out the relevant
provisions
of lau having a bearing on the above Question at the
outset for a proper appreciation of the contentions urged
on behalf
of the petitioner.
Constitution reads thus;
Article 324(1) of the.
'
..
—
"324.(i) The superintendence, direction and
control of the preoaration of the electoral r o l l s
for, and the conduct of, a l l elections to
Parliament and to the Legislature of. every State
and of elections to the offices of President
and Vice-President held under this Constitution
shall bo vested in a Commission (referred to in
this Constitution as the Election Commission) . f !
Articles 327 and 328 of the Constitution uhich
vest the power of making provisions with respect tu
elections on Parliament and the Legislatures in the
States read as follows"
^ Subject to the provisions of this Constitution,
Parliament may from time to time by lau make
provision uith respect to all matters relating to,
or in connection uith, elections to either House
of Parliament or to the House or either ;House
of the Legislature of a State including the
preparation of electoral rolls, the delimitation
of constituencies and all other matters necessary
for securing the due constitution of such House
or Houses.
cantd....
~ 37 328.Subject to the provisions of this
Constitution and .in so far as arovision in
that behalf is not made by Par litmant, the
Legislature of a State may from time to time
by law make provision with respect to all
matters relating to, or in connection with,
the elections to the House or either House
of the Legislature of the State including
the preparation of electoral rolls and all s
other matters necessary for securing the
due constitution of such House or Houses."
Article 327 of the Constitution confers the pouer
on Parliament to make by lau provision uith respect to
all matters relating to, or in connection uith, elections
to either House of Parliament or to the House or either'
House of the Legislature of a State including the preparation
of electoral rolls, the delimitation of constituencies
and all other matters necessary for securing the due
constitution of such House or Houses subject to the
precisions of the Constitution,
Article 328 of the
Constitution confers similar power on the Legislature of a
State to make' provision with respect to all matters re lating • to,
:
or- in connection uith,. the elections to the House
or either House of the Legislature of the State
including the preparation of electoral rolls and
all other matters necess-ary for securing the due constitution
of such House or Houses subject to the provisions of the
Constitution and in so far as provision in that behalf
contd,
—
3 8
is not made by Parliament.
—
•
•
In exercise of the power
conferred by Article 327 of the Constitution Parliament
has enacted the Representation of the People Act,
1951 (43 of 1951) (hereinafter referred to as
!
the Act 1 )
providing for the conduct of elections to the Houses
of Parliament and to the House or Houses of the Legislature
of each State, the qualifications and disqualifications
for membership of those Houses, the corrupt practices
and other offences at,or in connection with such elections
and the decision of doubts and disputes arising out of
or in connection
with such elactions.
Section 169
of the Act empowers the Central Government to promulgate
rules, after consultation with the Commission, for carrying
out the purposes of the Act.
In exercise of the said pouer
the Central Government has promulgated the Bonduct of
1961(hereinafter referred to us the rules) Rules
Elections Rules^_5 and 10 of the Rules which are material for
purposes of this case read thus:
"5,Symbols for elections in parliamentary
and assembly constituencies - (i) The
.•
Election Commission shall, by .notification
in the Gazotte. of India, and in the Official
Gazette of•each State, specify the symbols
that may be chosen by candidates at elections
contd
'
-
39
in Parliamentary or assembly constituencies
and the r e s t r i c t i o n s to uhich their choice s h a l l
be subject'.
(2) Subject to any general or special direction
issued by the Election Commission either under
sub-rule (4) or sub-rule (5) of rule 10, where at
any such a lection, more nomination papers than one
are de livered • by. or on behalf of a candidate,
the declaration as to symbols made in the
nomination paper first delivered, and no other
declaration as to symbols shall be taken into
consideration under rule 10 even if that
nomination paper has been rejected.
10. Preparation of list of contesting
candidates - ..,,„............,
(4) At an election in a parliamentary or assembly constituency, where a poll
becomes necessary, the returning officer
shall consider the choice of symbols expressed
by the contesting candidates in their
nomination papers and shall, subject to any
general or special direction issued in this
behalf by the Election Commission (a) allot a different symbol to each
contesting candidate in conformity, as far
as practicable, with his choice; and
(b) if more contesting candidates than
one have indicated their preference for the
same symbol, decide by lot to which of such
candidates the symbol will be allotted,
(5) The' a'llotme nt by the returning officer
of any symbol to a candidate shall be final
except where it is inconsistent with any
directions issued by the Election Commission
in this behalf in which case the Election
Commission may revise the allotment in such
manner as it thinks fit.
(6) Every candidate or h;s election anent shall
forthwith be informed of the symbol allotted
contd,
-
40 -
to the "candidate and be supplied u i t h a
specimen thereof by the returning . off icer. < !
Sub-rule
(1-) of rule
5 of
the Rules empouers the
Commission to specify by a n o t i f i c a t i o n
of
.«
,
i n the Gazette
India and i n the O f f i c i a l Gazette of each State, the
symbols that
may be chosen by•candidate
at elections
Parliamentary or assembly constituencies and the
to which t h e i r
choice s h a l l be subject.
in •
festrictioi
Sub-rule
(4)
of
rule 10 of the Rijles provides that at an election i n a
parliamentary
or assembly constituency,
becomes necessary, the returning
the choice
in their
officer
nomination papers and s h a l l subject to any general
a different
i n conformity,
and i f
their
behalf
by the Commissior
symbol to each contesting candidate
as far
as practicable, u i t h . h i s
choice
more contesting candidates than one have indicated
preference for
the same symbol, decide by l o t
which of such candidates the symbol w i l l
Sub-rule
(5)
allotment
of rule
by returning o f f i c e r
directions
thinks f i t .
the
of any symbol to a candidate
is
inconsistent with any '
issued by the- Commission i n t h i s
case the Commission may revise
to
be a l l o t t e d .
10 of the Pules provides that
s h a l l be f i n a l except where i t
as i t
s h a l l consider '
of symbols expressed by the contesting candidates
or special d i r e c t i o n issued., i n t h i s
allot
where a p o l l
the allotment
Under sub-rule, (s)
behalf in>which'
i n such manner,
of rule 10 of the Rule
contd,
- 41 Gvery candidate or his election agent should be informed
forthwith t he symbol allotted to the candidate and is
entitled to be supplied with a specimen thereof.
Purporting
to exercise its power under Article 224 of the.1 Constitution
read uith rule 5 and rule 10 of the Rules, the Commission
issued the Symbols Qrdar in the year 1968 which is
impugned in this petition.
The Preamble to the Symbols
Order reads thus:
"S.0.2959 dated 31st August, 1968 - Uhsroas the
superintendence, direction and control of all
elections to Parliament and to the Legislature
of evary State are vested by the Constitution of
India in the Election Commission of India;
And, whereas, it is necessary and o/podient
to provide in the' interests of purity .of
election to the House of the People and the
Legislative Assembly of every State and' in the
interests of the conduct of such Ejections in
a fair and efficient manner, for tho specification,
reservations choice and allotment of symbols,
for the recognition of political parties in
relation thereto and for matters connected
therewith.
Now, therefore, in exercise of the powers
conferred by Article 324 of the Constitution,
read with rule 5 and rule 10 of the Conduct
of Elections.; 'Rules,, 1961, and all other powers
enabling it in this behalf, the Election
Commission of India hereby makes the following
Order......."
The expression 'political party* is defined in
Paragraph 2(1")(4) of the.Symbols Order thus:
!?
2.(i)(h) - 'Political Party' moans an association
or body of individual citizens of India registered
with the Commission as a political party undor
paragraph 3 and includes a political party defamed
. to be registered with the Commission under the
proviso of sub-paragraph (2) of that paraqraoh;H
contd......
-
42 -
Paragraph 3 of t he Symbols Order provides that any
association or body oF i n d i v i d u a l citizons
calling i t s e l f
itself
a political
of the provisions
(2),
its
(3) and (4)
of
paragraph 3 of .
the manner i n which such
should be made by associations
c a l l i n g themselves as p o l i t i c a l
u i t h the Commission.
registration
purposes of the Symbols
the Symbols Order provide for
applications
avail
of the Symbols Order s h a l l _
as a p o l i t i c a l party for the
Sub-paragraphs
India
party and intending to
make an application to the Commission for
Order.
of
parties
for
and bodies
registration
That paragraph empowers the
Commission to consider
a l l relevant
particulars
and t o
decide whether the association or body should be registered
as a p o l i t i c a l
party or not and i t s
regard is stated to be f i n a l .
Order provides that
decision i n that
Paragraph 4 of thp Symbols
i n every contested election a symbol
s h a l l be a l l o t t e d to a contesting candidate i n accordance
with the provisions
of the Symbols Order and different ,
symbols s h a l l be a l l o t t e d to different
contesting
at an election" i n the same constituency.
candidates
The symbols
specified by tho Commission are c l a s s i f i e d into two
categories
by paragraph 5 of the Symbols Order,
They
fiontd.....
- 43 aro cither reserved or free,
A rcservod symbol is a
symbol which is reserved for a recognised political party
for exclusive allotment to contesting candidates sot up
by that party,
A'free symbol is a symbol other than a
reserved symbol.
Paragraph 6 of.the Symbols Order
provides for the classification of the political parties
into recognised political parties and unrecognised political
parties.
Amongst the recognised political parties
according to the Symbols Order thorn are two categories,
'namely, national parties and the Eta to parties. The
Symbols Ordor further provides for the determination of the
question whether a candidate has boon sot up by a political
party or not.
It deals uith the poucr of the Commission to
issue instructions to unrecognised political parties for
their expeditious recognition on fulfilment of conditions
specified in paragraph 6, The pouor of the Commission in
relation to splinter grouDS or rival sections of a
recognised political party and its pouor in case of
amalgamation of tuo or more political parties aro dealt
uith in paragraphs' 15 and 1 6 of the Symbols Order.
Under paragraph 17 of the Symbols Ordor the Commission
is required to publish by one or more notifications in the
i
Gazette
of
India
lists
specifying
and the symbols r e s p e c t i v e l y
the
national
reserved f o r
parties
.them, the
contd,..
State
parties,
tho State or States in which they arc
State
parties and the symbols ""res pootivo ly reserved for
in such Stato or S t a t e s , the unrecognised p o l i t i c a l
and the State
free
or -States in uhich they function
symbols for each S t a t e .
Every such l i s t
to be kept up-to-date, as far
as possible.
thorn
parties
and the
is
required
Uncur paragraph 18
of the Symbols Order the Commission has reserved to
itself
for
the power to issue instructions
the c l a r i f i c a t i o n
Symbols Order, far
arise
directions
of any of the provisions of tho
the removal of any d i f f i c u l t y
uhich may
in relation to tho implomontation of any such
provisions and In relation
•to
and
to ony'mattc.r uith
the reservation and allotment
of p o l i t i c a l p a r t i e s ,
respect
of symbols and recognition
for uhich the
no provision or makes Insufficient
Symbols Order makes
provision end provision
is in the opinion of the Commission necessary for
the
smooth and orderly conduct -of e l e c t i o n s .
The petitioner
claims to be a convernar of a social
organisation named. "SA PPYA" situated at 67/68, Doulat Ganj,
Kanpur (b*P-«) uhich is stated
to have boon established
for tho purposes of propagating
acquainting
by i t .
'National•truth'
and for
the people of India about the deals cherished
The petitioner
is aggrieved by the emergence of a
large number of: p o l i t i c a l
>
parties at the" national
.'
level,
'
'
contd,,..
and at the State\level uhich according to him has
prejudicod seriously the idaals of a democratic country, /
He has referred in the cgurso of the petition to the
tf&rious acts committed by tho several political parties
Uhich according to him are highly detrimental'to the
interests of the country.
Ho contends that tho emergence
of these political parties is due to the provisions contained
in the Symbols Order uhich pros/ides for tine registration, of
political parties, reservation and allotment of symbols,
in favour of various political parties.
It is contended
by the petitioner that the .Symbols Order is lia'blo to bo
struck doUn on the ground thet the Commission is not
ompouerod to issue it cither under tho Constitution or the
Act and the Rules made thoreun'der.
It is his contention
that there is no pr-ovision, constitutional or. logal, uhich
justifies the recognition of political parties for
purposes of elections,
the constitutional scheme uith regard to the holding
of the elections to Parliament" and the State Legislatures
is quite clear.
First, the Constitution has provided for
the establishment pf a high pouor body to be incharge of
I
the elections to Parliament and tho State Legislatures and
of olections to the offices
President,
of President and
That body is tho Commission,
Vice-*
Article.324 of
contd,•,,,
- 46 ~
the Constitution contains detailed provisions regarding the •
constitution of the Commission and its general powers. ..• The
Commission consists of the Chief Election Commissioner
who is appointed by the President and it. may also consist
such number of other Election Commissioners, if any, as
the President may from time to time .fix, uho are also to
be appointed by tho President.
Uhen Election CommissionGrs
arc appointed, the Chief Election Commissioner becomes
tho Chairman of "the Commission.
There is provision for
tho appointment of Regional CommissionGrs to assist tho
iCommission.
In orator to., ensure the independence and
impartiality of the Commission, it is provided that tho
Chief Election Commissioner' shall not bo removed from, his
office except in like manner "and on tho like grounds as a;/
Dudge of the Supremo Court of .India and that tho
conditions of service of the Chief Election Commissioner
shall not bo varied to his disadvantage- after his appointment.
An Election Commissioner or a Regional Commissioner cannot
be removed from office excopfc on the rocommondation of the
Chief Election Commissioner,
Tho superintendence, direction
and control., of tho conduct of elections referred to in
Article. *324(1) of the Constitution are entrusted to the
•'.
Commission.- The words 'superintendence', 'direction'
and 'control' are wide enough to include all powers
-
contd.....
^
.
- 47 -
nacossary fir tha smooth conduct of elections.
It i s ,
houotfer, scop, that Parliament has beon vested with tho
ppuer to ma!<o lau under Article 327 of the Constitution
read with Entry 72 of List I of tho Seventh Schedule
to tho Constitution yith respect to a l l matters relating
to the elections to oithor House of Parliament or to the
House or either House of the Legislature of a State
subject to tho provisions of tho Constitution.
Subject
to the provisions of the Constitution and any law
made in that boha'lf by Parliament, the Legislature
of a State may undor Article 328 read with Entry 37
of List II of the Sovonth Schedule to the Constitution
make lau relating to tho elections to the House or Houses
of Legislature of that. State.
Tho general powers of
suporintcndonco, direction and control of the elections
vested in the Commissi.on under Article 324(i)
are subject to any lau made, either
under Article 327
or undor Article'328 of tho Constitution,
'election'
naturally
The word
in Article 324 is used in a wide sense so as
to include tho entire process of election which
consists of several stages and i t embraces many steps,
some of uhich may have fen important bearing on the result
contd,...
- 48 of the process.
India is a country uhich consists of
millions of voters.
Although they arc quite conscious
of thoir duties politically, unfortunately, a largo
percentage, of thorn ore still illiterate,
Honco there is
need for using symbols to donoto tho candidates uho
contest elections so that the illiterate voter may cast •
his vote in secrecy in favour of the candidate of his
choico by identifying him with tho help of the symbol
printed on tho ballot paper against his name.
It is true* that till recently tho Constitution did
not expressly refer to tho existence of political
parties.
But their existence is implicit in the
nature of democratic form of Government uhich our
country has adopted. "The use of a symbol, be it
a donkey or an elephant, does give rise to an
unifying effect amongst the people uith a common
political and economic programme and ultimately helps in
tho establishment of a Westminster typo of democracy uhi
uo have adopted uith a Cabinet responsible to the
elected coprosontativos of the people uho constitute
tho Louer House,
Tho political parties have to
bo thoro if tho present system of Government
should succoorf and the chasm dividing the
/
political partins should be so profound that a
change of administration uould in fact be a
contd....
- 49 revolution disguised under a constitutional procedure.
It is no doubt a paradox that while tho country as a
uholo yields to no other in its corporate^sense of
unity and continuity, the working parts of its political
system are so organised on party basis'v in other words,
"on systematized differences and unresolved conflicts!1
That is the essence of our system and it facilitates tho
sotting up of a .'Government- by tho majority.
Although
till recently tho Constitution had not expressly referred
to:tho existence of political parties, by the amendments
made. to it by the -Constitution (Fifty-Second Amendment)
Act, 1985 there is now a clear recognition of the
political parties by the Constitution*
The Tenth Schedulo
to the Constitution which is added by tho above Amending
Act acknowledges the existence of political parties and
sots out tho circumstancos when a member of Parliament
or df the State Legislature would be deemed to have dofoctad
from his political party and would thereby be disqualified
for being a member of tho House co nccrnnd.
Hence it is
difficult to say that the ..reference to recognition,
registration etc, of political parties by the Symbols Order
.is unauthorised and against the political system adopted
by our country,
«i
•
contd,.,.,
- 50 Paragraph 15 of tho Symbols Orclor
which dealt
u i t h the pouor of tho Commission-in r e l a t i o n
groups or r i v a l sections of a recognised
party
to s p l i n t e r
political
came up for consideration before t h i s
Court
in Sadiq'Ali & Anr. e t c . Us. Election Commission.ôf
1. .
& Ors. otis.
India
The Court observed in t h a t case at pages
341-243 t h u s :
" I t would follow from what has boon discussed
earlier in this judgment that the Symbols
Order makes detailed provisions for the
reservation, choice and allotment of symbols
and the recognition of p o l i t i c a l parties in
connection therewith.
That the Commission
should specify symbols for elections in
parliamentary and assembly constituencies
has also been made obligatory by rule 5 of
Conduct of Election R ules.
Sub-rulo (4)
of rule 10 gives a pouor to the Commission
to issue general or special directions to
the Returning Officers in respect of the
allotment of symbols. Tho allotment of,
symbols by the Returning Officers has to
be in accordance with those directions. ;
Sub-rule (5) of rule 10 gives oouer to
the Commission to revise the allotment of •
a symbol by the Returning Officers in so
far as the said allotment is inconsistent
uith the directions issued by the Commission.
It uould, therefore, follou that Commission
has been clothed uith plenary powers by the
above-mentioned Rules in the matter of
allotment of symbols. The validity of the
said Rjles has not been challenged before us,
If the Commission is not to be disabled
.from exercising effectively tho plenary
powers vested.in i t in tho matter of
allotment of symbols and for issuing directions-
1.
1972 ( 2 ) S . C . R . 318
]
- 51
i n connection therewith, i t i s plainly
essential that the Commission should have
the pouer to settle a dispute i n case
claim for the allotment of the symbol of
a p o l i t i c a l party is made by two r i v a l
claimants.
In case, i t is a dispute'
between two i n d i v i d u a l s , the method" for
the settlement, of that dispute is provided
by paragraph 13 of the Symbols Order.
I f on the other hariri, a dispute arises
*f or
allotment between two r i v a l groups/pr of esses to be that
of symbol party, the machinery and the manner of
of a
resolving such a dispute is given i n
political paragraph 15. Paragraph 15 is intended to
party or effectuate and subserve the main purposes
to be
and objects of the Symbols Order,
The
ground
that each paragraph is designed to ensure that because
group
of a dispute having.arisen i n a p o l i t i c a l
party botween two or more groups^ the
entire scheme of the Symbols Order r e l a t i n g
to the.allotmont of a symbol reserved
for the p o l i t i c a l party is not test at
naught.
The fact that the power for the
settlement of such a dispute has been
vested in the Commission would not constitute
a valid ground for assailing the vires
of and s t r i k i n g down paragraph 15. The
Commission i s an authority created by the
Constitution and according to Article 324, the
superintendence, direction and control of
the e l e c t o r a l rolfes for and the conduct
of elections to Parliament and to the
Legislature of every State and of elections
to the offices of President, and Uice-President
s h a l l be vested in the Commission. The
fact that the power of resolving a dispute
between two r i v a l groups for allotment of
symbol of a p o l i t i c a l party has been vested i n
such a high authority.wouId raise a presumption,
though rebuttable, and provide a guarantee, though
not absolute but to a considerable extent,
that the power would.not be misused but would
be exercised i n a f a i r and reasonable manner.
contd,
- 52 There is also no substance in the
contention that as power to make provisions
in respect to elections has been, given to
the Parliament by Article 327 of the
Constitution,'the power cannot be further
delegated to the Commission. The opening
• words of Article 327 are 'subject to the
provisions of this Constitution', The .
above words indicate that any lau made by
the Parliament in exorcise of powers
conferred by Article 327 would be subject
to the other provisions of the Constitution
including Article 3'24. Article 324 as
mentioned above provides that superintendence,
direction and control of elections shall be
vested in Election Commission. It, therefore,
cannot be said that when the Commission issued
direction, it does so not on its own behalf
but as the delegate of some, other authority.
It may also be mentioned in this context that
when the Central Governemtn issued Conduct of
Elections Rules, 1961 in exercise of its
powers under section 169 of the Representation
of People Act, 1951, it did so as required
by that section after consultation with the
Commission."
The above decision upholds the power of the
Commission to recognise political parties and to decide
disputes arising amongst them or between splinter groups
within a political party.
It also upholds the power
of the .Commission to issue the Symbols Order.
has further observed that
The Court '
it could not be said that w hen
the Commission issued the Symbols Order it was not doing
so on its own behalf but as the delegate of some other
authority.
The power to issue the
Symbols Order was held
contd.•,..
. .
•
-
53
-
to be comprehended in the • power of
superintendence,
direction
vested i n
and c o n t r o l of elections
the
Commissi on.
Over-ruling
validity
the objection raised as to the
of the Symbols Order on the ground that
was l e g i s l a t i v e
i n .character
power to issue i t
it
and the Commission had.no
i n the absence of antrustment
of
the power to make a law i n r e l a t i o n to e l e c t i o n s ,
Court o b s e r v e d i n A l l P a r t y H i l l L e a d e r s
Shillong
'•
.. "~
V/s. C a p t a i n
408 t h u s
;
1
Conference
:
~
'
27"
M.A. Sangma L O r s , a t page
i!
It is not necessary in this appeal to
deal with the question whether the Symbols
Order made by the Commission is a piece
of legislative activity. It is enough to
hold, which we do, that the Commission is
empowered in its own right under
Article 324 of the Constitution and also
under rules 5 and 10 of the Rules to make
direct!onsîn-genera 1 in widest terms
necessary and also in specific cases in
order to facilitate a free and fair
election with promptitude. It is,
therefore, legitimate on the port of the
Commission to make general provisions
even in anticipation or in the light of
experience in respect of matters
relating to symbols. That would also
inevitably- require it to regulate its
own procedure in dealing with disputes
regarding choice of symbols whan raisad
before it. Further that would also sometimes
inevitably lead to adjudication of
, disputes with regard to recognition of
parties or rival claims to a particular
2. (197B) 1 5.C.R. 393.
this
- 54 symbol. The Symbols Order is, therefore,
a compendium of directions in the shape of
general provisions to meet various kinds
of situations appertaining to elections
with particular reference to symbols. The
power to make these directions, whether it
is a legislative activity or not, flows
from Article 324 as well as from rules 5 and
10, It was held in Sadiq A li (Supra) that
'if the Commission is not to be disabled
from exercising effectively the plenary
powers vested in it in the matter of
allotment of symbol and for issuing
directions' in connection therewith, it is
plainly essential that the Commission should
have - the • power ' to settle a dispute in case
claim for the allotment of the symbol of a
political party is made by two rival
claimants'. It has been held in Sadiq Ali
( Supra) that the Commission has been
clothed with plenary powers by rule 5 and
' sub-rules (4) and (5) of rule 10 of the
Rules in the matter of allotment of symbols."'
•3.
In Roop Lai Sathi vs. Nachhattar Singh the same
view is reiterated.
The Court observed in this case st
page 719 as. follows!
"The Symbols Order made by the Election
Commission in exercise of its power
under Article -324 of the Constitution
read with rules 5 and 10 of tlo Conduct
of Elections Rules and aJl other powers
enabling it in that behalf,- are in
the nature of general directions issued
by the Election Commission to regulate
the mode of allotment of symbols to
the contesting candidates. It is a
matter of common knowledge that elections
in our country are fought on tha basis
of symbols,, It must but logically follow
as a necessary corollary 'that the Symbols
Order is an order made under the Act. Any
3. (1983) 1 5.C.R. 702.
other .view uould be destructive of the
very fabric of our system of holding
parliamentary and assembly -constituency
elections in the country on the basis
of adult suffrage.c'
Even if for anyr eason, it is hsId that any
of the provisions contained, in the- Symbols Order are
not traceable to the Act or the Rjles, the power of
the Commission under Article 324(l) of the- Constitution
which is plenary in character can encompass all such
provisions, Article 324 of the Constitution operates
in areas left unoccupied by legislation and the words
'superintendence', 'direction' and 'control1 as well
as 'conduct of all elections' are the broadest terms,
which would include the power to make all such provisions.
.(. ee iôhinder Singh Gill & Apr. v. The Chief Election
Commissioner, New Delhi & Ors"
and
A.C.JOSG
V.
Sivan
Pillai & Ors.)
Ue do not also find any substance in the contention
that the Central Government which had been delegated the
power to make rules under section 169 of the Act could
not further delegate the power to moke any subordinate.
legislation in the form of the Symbols Order to the
i
Commission, without itself being empowered by the Act
to make such further delegation.
4. ,(1978) 2 S..C.R. 27?.
5. (1984) 3 S.C.R. 74.
Any part of the
'
-
56
-• .
Symbols Order uhich cannot be traced to rules 5 and 10.
of the Rules
can easily be -traced in this case to the
reservoir of. power under Article 324(1) uhich empowers
the Commission to issue all directions necessary for
the purpose of conducting smooth, free and fair elections
Our attention, is not draun by the learned counsel for
the petitioner to any specific provision in the Symbols
Order uhich cannot be brought uithin the scope of
either rule 5
or rule 10 of the- Rules or Article 324 (i)
of the Constitution and uhich is hit by the principle
deloqatus nqn • potest deleoare, i.e. a delegate
cannot
delegate, the Commission itself in this case
being |a donee of olenary powers under Article 324(i)
of the Constitution in connection -with the conduct of.
elections referred to therein subject of course to any
legislation made -under Article 327 and Article 328
of the Constitution read with Entry 72 in List I or
Entry 37 in List II of the Seventh Schedule to the
Constitution and the rules mode thereunder.
^
While
construing the expression 'superintendence, direction
and control1 in Article 324(l), one has to remember that,
every norm uhich lays down a rule of conduct cannot possibl
be elevated to the position of legislation or delegated
legislation.
There are some authorities or persons in .
contd....
- 57 certain grey-nrpas uho may be sources of rules of conduct
and uho at the same time cannot be equated to authorities
or persons uho can make law, in the strict sense in which
it is understood in jurisprudence.
A direction may mean
an "order issued to a particular individual or a precept
uhich many nay have tn follow.
general order.
It may be a specific or a
One has also to remember that the source of
power in this case is the Constitution, the highest law
i
of the land, which is the repository and source of all
legal powers and any power granted by the Constitution
for a
specific purpose should be construed liberally so •
that the object for which the power is granted is
effectively achieved.
Viewed from this angle it cannot
be said that any of the provisions of the Symbols Order
suffers from want of authority on the part of the
Commission, which has issued it,
we are not satisfied with the submission that
the severa 1, evi Is, malpractices etc, which are alleged
to be existing amongst the political parties today
are due to the Symbols Order which recognises political
parties and provides for their registration etc.
The
reasons for the existence of such evils, malpractices etc.
are to be found elsewhere.
The surer ramedy for getting
- 58 ~
rid of those evils, malpractices etc, is to appeal
to the conscisnce of the rmtion.
We cannot, however,
set aside the Symbols Order on the grounds alleged
in the petition.
Us dismiss the oetition accordingly.
Neu D e l h i :
.
September 24, 1985.
•
Sd/.3.
CE..S. Wonka tammiah)
S d/~
(R.B.riisra)
3.
CHAPTER - III
CASES OF
DISQUALIFICMTIONS
During the month of October '85, 143 persons
uere disqualified under section IDA of the
Representation of the People Act, 1951 for their
failure to lodge their accounts of election
expenses, as required under section 77 of the
Representation of the People Act, 1951 within the
time
and/or in' the manner required by law. The
names and addresses of these persons are appended.*
-
60 -
NaiTis °,a nd .âddjêss_ J3_f_ j,he__per_so nsd isqua^lj...fi.ed_
iTn'd er 'sec11 on* .To/T of the R e p f e s e n t a t i q n o f
the People"" A c t , T^51 .
S.No. and Name of
constituency,
..GUJARAT
Name and address of Date o f
disqual i fication.
the person
disqualified,
HOUSE OF THE PEOPLE.
7.10.85
7.10.88
7.10.85
7.10.88
Shri Rathua l/alubhai
Karsanbhai,
7.10.85
7.10.88
1,
13-Patan(SC ),.r
Shri Solanki
nafobhai Haghabhai,
/it & Post O f f i c e
l / i r t a , Taluka"
Charaama, D i s t t .
fiehsa na, Gu j ar a t ,
2.
21-ChhotaUdaipur(ST)
Shri Rathua
Karsanbhai Bodabhai,
At 3amba,Ppst
Athaldungri,Taluka
Chhotaudepur,
Distt.Baroda,
Gujarat.
3.
21^-Chhota
Udaipur(ST)
Date on
.uhich
disqualification
shall
stand feme
<z
Podhra,Taluka Jetpur
Pari,Distt.Baroda,
Gujarat.
4 . 21-Chhota '
Udaipur(ST)
Shri l/asava Kalubhai
Mohanbhai,
7.10.85*
At Puniad,P,0,Nana,
Foflia,Tal.Dabhoi,
District
Gujarat.
Baroda,
Contd...
7.10.88
- 61 "3
1
GUJARA-T(Contd.)
5» 21-ChhotaUdaipur(ST)
6. 22-Earoda
Shri Uasaua Navinbhai , , .
Himatbhai,
.
7.-10.85
At & Post Office
'
: .
Chhatval,Ta, ., Qabhoi,
District Baroda,
Gujarat.
Shri Pandya Kiran
Balkrushna,
Block
7.10.85
7.10.88
7.10.88
No. AyiNaroli,
Sugar Factory, '
Kalyan Nagar, [Ylaroli,
D i s t r i n t Valsad,
Gujarat,
KHRNATAKA
1.
12-Bangalore
North
S h r i K h a l i d Nishu,
7.10.85.
48-H,Charles,
C ha mp ba t ll' fioad ,
Cox'Toun, Bangalore 5,
Karnataka,
7.10.88
2.
12-Bangalore
North ...
•Shri B..Jayaram,
7.10.85
No.44/1,D.I I Street,
7 0th Division,
Shivajinagar,
GangalorG-51,
Karnataka.
7.10.88
3.
12-Bangalore
:North
Shri H.h.Siddalingachar
Siddalingachar,
_ 7.10.85
Uenkatala l/illage, "~
Uenkatagirikote Post,
Devanahalli Taluk,
District Bangalore,
Karnataka.
4» 1 5-Chamara j a nagar (SC )
Shri B.'M. Lingappa,
Np. 24,
Gayathripuram,
IT Stage,Nazarbad
Mohalla,Mysore
District,Karnataka.
7v10.85
7.10.88
7.10.88
- 62 -
ZZ ~ I2- _I.. Z Z Z Z _3_ 1 1 1 _ 1 1
1111111
5. 15-ChamarajaNagar(SC)
Shri.G.Devanna,
President,
S e r i c u l t u r a l Labour
•• Union, M a b a l l i ,
-Yelandur Taluk,
Mysore D i s t r i c t ,
Karnataka.
-
6. 20-Chipkmagalur
,-'•
KERALA
1.
.
7.10.85
7.10*88
S h r i .H.Govinda Prabhu , 7 .1 0. 85
S/o Dana Prabhu,
Hotel Taj Hahal,
Market Road,
Karnataka.
7.10.88
Shri C'.V.Siuaprasad, 7.10.85
Pcllayil House,
S.'MC. 24, Shorthalal
P.O., Alleppey,
Kerala.'
7.10.88
,
11-Ernakulam
2.- 1 2 - M u v a t t u p u z h a
WAHARMSHTKA
S h r i B a b y Uarghese,
Avarapattu,
.Thattekkad P.O. ,
K othamangalam,
Ernakulam D i s t r i c t ,
Kerala.
•
1-. 22-Bamtek
7.10.85
7.10.88
. '
••
•.:••':
Shri Arvind Alias
Babas.aheb Tarskar,
House No. 34 3,
7.10.85
7.10.88
Koshtipura,
Sitabuldi,Nagpur,
Maharashtra.
2. 22-Ramtek
,
Shri Dhrunao Uasucleorao
Dhandar,
•
7.10.85
./•it Jauaradi,Post
Bhugaon,Tah.Achalpur,
O i s t t . Amrauati,
Maharashtra.
*
Contd.. .
7.10.88
MAHARASHTRA(Contd.)
3.
22-Ramtek
4.
22-Ramtek
'•
S h r i Shrote N.H. •
House No. 242/2,
Uard No.28,uhudhuar
Bajar,Ghatate Chal,
Mahal' Nag p u r ,
Maharashtra. •
7.10.85
S h r i Paunikar pandurang
Pundalik,.
7.10.85
A t - I t u a r i Peth,
Umred,Post T a h s i l
Umred, Maha-rashtra.
5.
6.
7.
8.
23-Nagpur
23-Nagpur
23-Nagpur
23-Nagpur
S h r i Agne B.alasaheb
Narayanra.o,
7.10.85
P l o t No.12,
Hanumannagar Mohta
Science Road,Nag pur,
Maharashtra*
S h r i Aruind Pasusa
Doharapurkar,
7.10.85
57,-Nandanuan Colony,
Nagpur-440009,
^
Maharashtra.
S h r i .Purohit Mahesh
Sitaram,
Garud Khamb Road,
'LJard No.29, Nagpur ,
Maharashtra,
23-Nagpur
7.10.88
7.10.88
7.10.88
7.10.88
Shri 'Masurkar liitthalrao
Rambhauji,
Juni Mangaluari,
j a i s a o Road,
Chandrashekhar Azad
Chouk,Nagpur,
Maharashtra.
9,
7.10.85
7.10.88
7.10.85
Shri R a hul Dayalrao
Ramteke,
7.10.85
Siddharthnagar Post,
Dr. Ambedkar Marg,
P i u a l i Nadi^Nagpur,
Maharashtra.
7.10.88
7.10.88
-
64
-
1 1 1 1 -• 1 1 1 " 1 1 Z'Z Z 2 I Z Z Z Z Z Z Z Z Z 3 Z
MAHARASHTRA ( C o n t d . )
1.0,. ,23-Nagp.ur .
4 -
'••
Shr.i .Shrote Natthu
7.10.85
Hushari,
House No,. 242/2,U a rd No.28,
•7.1 Q.8 8
Mahal,.Nag pur-,
Maharashtra.
11.
23-Nagpur
12. .23-Nagpur
Shri Sirajuddin
Sahabuddin,
.
P/23, Ambedkar Road,
Nagpur-1 7, .: . . Maharashtra. .
7.10.85.
Shri Haribhau Shamrao
Tabhane,
• 7.10.85
Gopalnagar Karim
Layout, Nag pur,
Maharashtra,
7.10.88
5.1 0.88
ORISSrt'
1.
1-Mayurbhanj
• (ST)
•
Shri Raghunath Tudu,
Will. Jamudihi,
P.O. Basilapir, '
9.10.85
9,10'.B8
Shri Rasanahda,
Uill. (vla.nthan,P.O.
Indalo(Chhakana)i,
P.S .Kendrapara,
District Cuttack,'
Orissa.
9.10.85
9.10.88
Shri Abdul Karim,
Mohalla- V/yapariyan,
Ward iMo.1 , Losal,
Tehail Dantaramgarh,
Distt. Sikar, '
Rajasthan.
7.10.85
7.10.88
Distt.Mayurbhanj,
Orissa.'
2.
5-Kgndrapara
RAJA5THAN
1. 5-Sikar
2. 5-Sikar
Shri Ashuani Kumar,
7.10.85
C/o Agro Engineers and
Traders,
2 906,Abohar,Punjab.
;
'
7.10.88
- 65 2
RaJASTHAW
3. 5-Sikar
Shri Gebind Ram,
7.10.85
S/o Shri Kistur Chand
. Oyadiya,
Srimadhopur,Rajasthan.
••
.7,10.88
•
4. 5-Sikar
Shri Phool Chand Meena,7.10.85
Village Chokari,
Tehsil Srimadhopur,
District Sikar,
Rajasthan.
b. 5-Sikar
Shri Sh.ivnaran,
LJa'rd IM6. 10,Sikar,
Rajasthan.
7.10.88
7.10.85
7.10.88
9.10.85
9.10.88
S h r i Tapan Bisuas,
9.10.85
162/6/356(162/205),
Prince Anwar Shah Road,
Lake Garden,
Calcutta-45.
9.10.88
UE5T BENGAL
1. 3-Oalpaiguri
2.
3-3alpaiguri
3.
10~Berhampore
S h r i S i t a n s u Bhusan
Oas,
Principal's Quarter,
P.O. Siliguri,
District Darjeeling,
West Bengal.
S h r i Abdul Baten G a l a l ,
,
9.10.35
U i l l . Kachutia,P.O.
Kachutia, D i s t t .
.
Burdwan,Uest Bengal,
9.10,88
..
.
4.
12-Nabaduip(SC). Shri'Bhabesh Dhara,
9.10.85
P.O. & U i l l . Baganchra,
Q i s t t . Nadia,
' Uest Bengal,
9.1U.88
.5.
12-Nabaduip(SC).Shri Hadhu Sudan Bala, 9.1 0.85
U i l l . Daykrishnapur,
(Sing ha ba j a n ) P.O.
Chakdaha, D i s t t . Nadia,
West Eengal.
9.10.88
UEST BENGAL(Contd.) .
6*
21-Calcutta
; S h r i Binoy S i r e a r ,
North-West
13T n, Bidham S a r a n i ,
CaIcutta'-4.
1.
38-Hsansal
8.
38— iisansol
.GOA, DANAN & DIU
15 15-Ponda
9.10.85
9.10.88
9.10.85
9.10*88
Shri Fianik B o u f i ,
J.10.85
PoO. & I / i l l . R a t i b a t i ,
D i s t t . Burdauan,, ,
Ben§al.
9.10.88
S h r i Gopal Krishna
oharma,
Kendua Bazar, P.O.
K u l t i , ,3lstt«
Guroluan,Uest Bengal,
LEGI3UTIUE • ASSEMBLIES
Shri
Fonseca A athamy
Joseph,
Tisk(Sadar
Goa,
2.
15-Ponda
3. 19—Canacona
4.
5,
20-Quepem
2 0-Quepsm
'
Ponda-
Shri Kelskar•.
Devendranath ft,
P.O. Mardol,
Pond'a-Goac
Shri Besai Prakash
Shamba,
Ponsulem Canacona,
Goa.
S h r i ridel V/ithaba
Nagu,
"Modd Cacora-Goa,
S h r i Gaunso Dessai
Manohar "Uitoba,
H.No..444-l,rt-3ldafn,
(Qamodar)Quepam—Goa.
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85 • 7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
- 65 -
3. 5-Sikar
Shri Gobind Ram,
7.10..85
S/o Shri Kistur Chand
3yadiya,
Srimadhopur,Rajasthan.
7.10.88
4. 5-Sikar
Shri Phcol Chand Meena, 7 .1 0. 85
Village Chokari,
'Tehsil Srimadhopur,
District Sikar,
Rajasthan.
7.10.88.
# 5—Sikar
Shri Shivnaran,
Uafd 'No,. '1 0,Sikar,
Rajasthan.
7.10.85
7.10.88
9.10.85
9.10.88
UE5T BENGAL
1.
3-3alpaiguri
Shri Sitansu Bhusan
Principal's Quarter,
P.O. S i l i g u r i ,
D i s t r i c t Qarjeeling,
.. ..:- V e s t • B e n g a l . *
2 r 3-3alpaiguri
Shri Tapan Biswas,
'• *
" 162/6/356(162/205),
..
9.10.85
•
-••-•'-
9.10.88
Prinoe Anuar Shah Road,
Lake Garden,
Calcutta-45.
3 . -1 0—Berhampers'
S h r i Abdul. Baten 3-alal,
9.10.35
d
9
I / i l l . Kachutia,P.O.
Kachutia,Distt.
B u rdua'n,Uest Bengal
4. ^2-IMabaduip(sc) Shfi Bhabesh Qhara,
'
5.
9.10.85
9.10.88
9.10.88
P.O. & I / i l l . Baganchra,
D i s t t . Nadia,
West Bengal,
12-Nabaduip(SC)Shri Madhu Sudan Bala, 9.1 0.85
. U i l l , 3aykrishnapur,
(Singhaba j a n ) P.O.
*
* Chakdaha, D i s t t . Nadia,
ul e.s t Bengal.
9.10.88
- 66 -
UCST BENGAL(Contd.)
. 6 . 21-Calcutta
North-West
7.
38-A S apspl
Shri Binoy S i r e a r ,
131 *., Bidham Sarani,
Calcutta-4.
9.10.85
9.10.88
9.10,85
9.10.88
Shri Manik Bowri,
J.10.85
•P.O. & I / i l l . R a t i b a t i ,
D i s t t . Burdauan,
Bengal.
9.10.88
Shri-..; Gopal Krishna
Sharma,
Kendua Bazar, P.O.
Kulti, ,0-istt.
, Bengal
8. 38-.«isansol
GOA, DAHAN & DIU
• 15-15-Ponda
LEGISLHTI\/E-ASSEMBLIES
S h r i Fonseca Anthomy
Oosap'h,
Tisk(Sadar
Goa.
2. 15-Ponda
3.
4.
5.
19-Canacona
2Lj-Quepem
20-Quepsm
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
Ponda-
h i Kelskar .
Devendranath R,
i P.O. Mardol,
' Ponda-Goa,
fl
Shri Des'ai Prakash
Shamba,
Ponsulam Canacon-a,
Goa.
' ,
S h r i Mdel Vithoba
Nagu,
- Fiodd Cacor.a-Goa.
S h r i Gaunso Dessai
fânohar. l / i t o b a ,
H. No . 4 4 4 - 1 , Pialdem,
(uamodar) QuepaiDr-Goa.
-
H I
67 -
2
.:
GOA.D'AMAN & D I U ( C o n t d . )
6. 2O-Quepem
.
7, 21-CuncQlim
8.
2 8-Mar mug a o
• 1—^bdasa
2.
3-Bhuj
3. 44-Uthi
4* 45-Amreli
5. 45-Amreli
.
Shri Mohamed Hakim
• Y^suf,
[)torailem Curchorem,
. Goa.
Shri Rebeilo Ferdino
As s i s , •
Villa Rebello,
Buieca,Cuncolim.
Shri Dias V i c t o r
Claude, .
•
r l l t o Mangor ,\1 ascodaGama'(Goa) #
• ":
Shri Dayabha-i Koshra
Patel,
.
Netr'a,Taluka, •
Nakhtrana,Gujarat.:
3___
..'. .
7.1 0.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.1 0.88
Shri Jusab Husain
Sama (Vakil),
7.10.85
Camp near Jyesthanagar,
Bhuj, Gujarat.
-Shri aarjanbhai,
Ingorala,(3agan),
Tal. Lathi,Gujarat.
Shri Kabariya
Thakashibhai,
IManjibhai, ,
Ksriya Road, Amreli,'
Gujarat.
Shri Khuman Tapubhai
Patabhai,
Hari Road,A
Gujarat.
7.10.88.
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
- - 68 -
GUJARAT(Contd.)
6. 47-Kodinar
Shri Baradiya Somathai
Kanubhai,
7.10.85
7.10.8
Bhangi Haryanuas,near
Ajanta T a l k i s , A t
K o d i n a r , G u j a r a t . ••
7. 47-Kodinar
8. 131-Nandiad
Shri Ramanilakhubhai
Mohanbhai,
n't "Rabarika , Mahal
Khamba,V'ia Oedan,
Gujarat.
• j
7.10.85
7.10.8E
y
. -
Shri \linbdkumar
Nanubhai' Hatal,
Bhagat-ni-Khadki,
7.10.85
7.10.88
9. 133-anand
Shri Patel Prafulbhai,7.10.85
Post O f f i c e 0 d e , T a l ,
anand,Gujarat.
_ 7,10.88
10. 135-Petlad
Shri Patel. Bharatkumar
Ravjibhai,
7.10.85
l*loti Khadki,Nar
Tal-Tetlad,Gujarat.
Gujarat.
11. 138-Borsad
S h r i Shah' R a me hand r a
Ftemchhod'bhai,
.'•it' & Post Napa,
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
Taluka'Borsas,
Jistt. Kheda,
Gujarat.
12. 141-ChhotaUdaipur
(5T)
Shri Uathaua •
Ravindrabhai Nanaji,
Near Post Office
P.O. and Taluka
«t
-
•
Chhotaudepur,
Dis^t. Laroda,
Gujarat.
13. 145-Qabhoi
Shri Patel
Ehailalbhai Umeshabhai,7.1 0.85
74/12 3agabhaipark,
L.G. Hospital Ftoad,
Maninagar,Ahmedabad.
7.10.88
-
69 —
IIIIIIZIIII21111111113" I I I JC I
HR.if ( C a n t d . ) ;
14* 148-Sayajiganj Shri Saiyad
. ..
flahmadhusen
Latifkhan,
' 7.10.85
• Yakutpura,Chodiualigali,
15.
16.
150-\/aghodia
150-\/aghoaia
/
17.
18.
19.
.
151-Baroda
Rural
154-Jambusar
154-Jambusar
2 0. 160-Rajpipla
21.
•
160-Rajpipla
,
•
7.10.88
t
Shri .Chohan Magansingh
Mohansingh,
•
7.10.85
At'. & Post Kumetha,
Taluka* Vaghpdia,
u i s t t . Oaroda,
Gujarat.
. •
7.10.88
Shri Parmer Govindbhai . -"
Ishuarbhai,
7.10.85
Ht Kashipura,Post Gutal,
Taluka l/aghpdia,
D i s t t . Baroda,
•Gujarat,
7.10.88
Shri Oadav Hajsndrasingh
Amarsinh,
7.10.85
Opp: F\ice P l i l l , Post
UaQhodia,3istt.
Baroda,Gujarat.
7.10.88
Shri Patel Ka-nubhai
Shamalbhai,
7.10.85
.At & Post Karmad , ' •
(Kaui L i n e ) ,
T a l . Ja'mbusar , Gujarat.
Shri Selsr Jagannath
hatanlal,
138/6, Laxrni K'unj
Udhana,Oistt.Surat,
Gujarat.
7.10.88
7.10,85
S h r i Tadui F<amchandra
Padmakant,
7.10.85
.it Gobhana , P. 0.K a t h i ,
Tal.Nandod,Listt.
Bharuch,Gu j a r a t .
Shri 1/asava flanukhbhai
Dhanjibhai
7.1*0.85
At 3unaraj,P.Q.Sada,
Tal.Na'ndod, J i s t t .
Bharuch,Gujarat,
7.10,88
7.10.88
.
.
.
7.10.88
-
HIMHCHHL
PRADESH
70 -
•
1.
29-Gagret(SC)
S h r i f»3m Chand,
V i l l . . & P.O. ambota,
LJist.t. Una,
. Himaphal Pradesh.
2.
35-Gangath(SC ) S h r i ' Sorn R a j ,
V, & P.O. K a n d r o r i ,
Teh. f\lur.pur,
J i s t t .Kangra,
Himachal Pradesh.
7.10.85
7.10.86
7.10.85,
7.10.88
PIAHARriSHTftA
1. 66-Igatpuri(ST) Shri Chandra Chander
bhau,
7.10,85
at Cbandrachimet,
. Post L)Bogaon,Taluka
Igatpuri,Maharashtra.
•2. 67-Nashik
3.
67-Nashik
67-Nashik
67-Nashik
'6.
67-Nashik
Shri Kardak Uaman
Tabaji,
7.10.85
Nagsenuadi,Uadala
•Naka, Nashik, Maharashtra.
S h r i Gaiku/ad Qnyaneshuas
Anandrao,
7.10.85
3986, K a j i g a d i , N a s h i k ,
Maharashtra.
S h r i Zunjar R h a s u j i ,
Avhad,
Javery Bhavan,Block
No. 9, Nashik Road,
Maharashtra.
:
7.10.85
;
7.10.88
7.10.88
.7.10.88
7.10.88
. '
:
Shri Thakur Ranasingh
Suryanath,
7.10.85
Uasan nutomobile,
Gite Mala, Nashik
Maharashtra.
S h r i Deshmukh Ranjan
Narhar,
7.10.85
Indira Niuas,Opposite
to
.P.E.School,Nashik
Road, Maharashtra.
7.10.88
7.10.88
71 -
7. 67-Nashik
S h r i B-arve Bhaguian
Nivruti,
1576, Somuar Peth,
Nashik,
8. 67-Nashik
9. 68-Deolali
Shri Sanap' l/ijay
Bhaurao,
378, D&vghar Lane,
F»auiuar Peth, Nashik,
Maharashtra.
Shri Ughada Balu
Yadau,
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
7.10.85
7.10.88
Sinnar Fata,Nashik
Road,Maharashtra.
10. 68-Deolali
11. 68-Deolali
Shri Jagtap Madhukar
Bhaguat,
.
346, Suarbbha Nagar,
Satpur,Nashik,
Maharashtra..
S h r i Nikam Fiambhau
Sarnpat,
Popat Tapkir Chaul,
Kasaruadi, Pune-34,
Maharashtra.
12. 68-ueolali
13. 70-Niphacl
14. 70-Nipha
Shri Bhalerao Nanasaheb
Baburao,
7.10.85
Uasali,Post Trambak,
l/idyamandir, Nashik,
Maharashtra.
Shri Doshi Prakaph
\] yankatesh,
7.10.35
Type II, .
Quarter
No. 82, Township Ozar
(MIG), Tal Niphad,
Maharashtra;
Shri Pomade.Eknath
Ranganath, '
Pachore Khurd,Post
Pach^re BK., Taluka
Niphad,Maharashtra.
7.10.85^
7.1 0.88
7.10.88
7.10,88
72 -
T
(Contu . )
15.
70-Niphad
Shri Takate Sampat
7.10.85
7.10.88
Shri pagare Pandurang
Murlidhar,
.
7.10.85
7.10.88
Karsu-1, Taluka Niphad,
Maharashtra.
16.
7 0-Niphad
Chandori,Taluka
Maharashtra.
17.
71-Yecla
Niphad,
Shri Kadam Ghanudas
Ramchandra,
,tt & P o s t - K a t a r n i ,
'
7.10.85
- •
7.10.8'8
Taluka Yeola,Distt.
• Mashik,Maharashtra.
18.
19.
71-Yeola
71-.Yeola
Shri Lhavan Ratnakar
Murlidhar, "
7.10.85
Ganesh Nagar,Satpur,
Nashik-7,Maharashtra.
Shri Deshmukh Uttamrao
Eajirao,'..
7.10.85
H.I\lc.34D1.,,it and Post
Yeola,Taluka
Maharashtra.
20.
71-Yeols
' 7.10.88
7.10.88
Yeola,
Shri pawar uinkar
Shankarrao,
7.10.85
7.10.88
At anal Post Lasalgaon,
Taluka Niphad,
Maharashtra,
21 , 71-Yeola
22.
71-Yeola
Shri La hare Nivruti
Mahadu,
7.10.85
H. No.2206, At and Post
Yeola,Taluka Yeola,
uistt. Nashik,
Maharashtra.
Shri Shour Subhash
M u rlidhar,
lit & Post Mukhed,
l/ia-Vinchur, Taluka
Y e c l a , J i s t t . Mashik,
Maharashtra.
7.10.85
7.10.88
7.10;88
- 73
I
23. 71-Yeola
Shri Sonauane Kishore
7,10,85.
Shiv/ram,
7.10.88
4550, vNagarpalika
Hoad, Yepla,.uistt»
Nashik, Maharashtra.
24.
72-Nandgaop
• 2 5 * 72-Napidgaon
2i.
72-Nandgat)R
28.
181-Hingoli
7*1 0. 8 a.-
Shri Shinde Laxman
Qagadu,
7.10.85
Nandgaon,Taluka
Nandgaon,Maharashtya.
Shri Hiraman hajaram
Mure,
At &. Post Mehune,
Taluka Malegaon,
Uistt. Nashik,
Maharashtra.
7.10.-88
7.10.84
'7.1Q-.88
T.10*85
7.10.80
Shri Mohamad Jahirulhasan
Mohamad L a t i f o d d i n ,
7.10,85
i.sharafpura, nrhalpur,
. Maharashtra,
7.10.88
Shri Bagul Kashinaih
Budha,
,\t Vadale(U.ani),
Post Narul,Taluka
Kalutan, Maharashtra.
27,
29.
Shri. 'Ash0^ YadaTrao ._
Kasul,
7.10.85
Ehagatsing Haidan-,
Manmad, Taluka
Nandgaon, Uistt.
Nashik, Maharashtra ....
Shri Oebaje Pralhadrao
No.1 CjTofkhana,
HincJoli, Maharashtra.
7.10.85
' 7.10.88
.Contd,
74 -
KERALA
1 . 3-Udma
2.
3-jJdma
.Shri G'.A'.Moideen Kunhi,-7.1 0 r 85
.Bandic'hal,p.0oThekkil,."
\! i a Chang a l a , .
Jistt. Kasarag'od,
Kerala,
'
'
Shri H.f'ioosa,
S/Q i!'iahin,
Eeciitharachal,
Pallikare» I I ,
V i l l a g e , P.O.
Eekal,Hosdurg
Taluk, Kas'aragOti
UistirctjKerala.
'
7.10.85
' ? . 1 0 . 88
.
7.1 0.88 .
ORISSA
1.
2,
11-Bhograi
U-Bhadrak
3 . 20-uhamnagar
4.
Shri Paresh Kumar
Eosa, • " ' '
I/ill.
u
K P..0. Kakhada,
I)ist-t,r Balasore, •
Ofissa.
'•
Shri Banuarilal
Gupta
At' - C hand a n bazar ,
P.O. Bhadrak,
Jistt»
Qrissa.
9.10.85
' 9.10.88
9.10,85
9.10.88
S h r i .\dikanda Pradhan, 9.1 0 . 85
9.10.88
At & P.O. A s u r a l i , .
L>istt. -Balas-ore,
• . •
Orissa,
115-rtthamallik S h r i 3 a r j a n Meher,
/it/P.O. Hthamallik,
L. i s t t . uhenkanal,
Qrissa.'.
.
9.10,85
•
.
5. 115-nthamallik Shri Harihar Patra,
Uill. Barapali,
P.O. Krutifcaspur,
u'istt. uhenkanal,
Orissa.
9.10.85
' 9.10.88.
.. "•
9,10,88
-
75 -
I I Z Z I I I I I I I I I I I I ' I I I I I I3111-114I Z
DhlSS.UContd. )
6.
H6-.-.ngul
Shri B i h a r i Naik,
n t / p . O . Turanga,
L J i s t t . Jbenkanal,
Orissa.
9.10.85
9.10.88
7.
116-Angul
9.10.85
9.10.88
. .
.
S h r i Harmohan Uesh,
At/P.O. Tarasingha,
^ i s t t . Jhankanal,
Orissa.
S h r i Milu Pradhan,
9.10,85
9.10.88
8.
117-Hindol
.
\1 i l l . / P . O . Kadala,
l/ia - êrnmandali,
u i s t t . Chenkanal,
Orissa.
9.
118-Lhenkanal
. '
.
Shri ,irun Patnaik,
'
9.10.85
9.10.88
9.10.85
9.10.88
9.10.85
9.10.88
9.10.85
9.10.38
P.O. Gundichapada,
..i.jistt. Jhankanal,
Orissa,
10. 1 2 O~Kamakhyanagar
.
Shri
Bhimasen
Dehury,
M^-Karpagara, P . 0 .
Rainrusinghapur,
O i s t t . uhenka'nal,
Orissa.
11.
120-Kamakhyanagar
.'
S h r i Ploharathi Naik,
/ ,
Kamakhynagar,
, Jhenkanal,
Orissa,
12» 120-Kamakhyanagar
.
S h r i Doginath N a i k ,
At/P»O...Kama-khynagar,
D i s f t . Jhenkanal,
Orissa.
13."
121-pallahara
S h r i Banshidhar Sahu, 9.10.85
Mt-Gelheikateni,
P.O. POandeilo,
L-istt. Jhenkanal,
Qrissa.
.
9.10.88
- 76 -
hi-\3aSTHM.iM
1. 51-Bandikui
Shri Gopal Lai Khatik, 7-.10. 85
V. & P.O. Bandiyal
. ,
Kalan,Tehsil 8asua,
. j i s t t .3aipur , ha j a s t h a n .
2. 51-Bandikui
S h r i Ram Swroop,
tryzt,
• inchiki ^hani Jagir
Landikui,
3 ai pu r , ha j a s t h a n.
7.10.88
4.10.85
7.1D.88
3 . 17 0-3anchoTe
Shri Kam Singh,
I / i l l . & P. Golasan,
Tehsil Sanchore,
d i s t r i c t 3alore,
ftajastharr.
7.1 0.35.
7.10,88
• 4.
Shri J i l i p Chand,
117,3ang i p u r a , P a l i ,
MaruarjHajasthan.
7.1 0.85
7.10.88
5. 135—Sursagar
Shri Bhanwar Lai,
naota ' C Road,
Outside Hemji-kaKatla, 3odhpur,
F;a jasthan.
7.1 0.85
7.10.88
6.
111-Baran
Shri Hem Haj Gupta,
C/o Narendra ân
Dhandar, •
Choumukha Dazar,
Garan, 3 i s t t . Kota,
Hajasthan.
7.10.85
7.10.88
7.
174-ahora
Shri Hej Singh,
U i l l . & -P.O. Sakar-na,
Tehsil:ahore,
îstt.3alora,
r<a jastha n.
7.10.85
7.10.88
Shri Nizamuddin,
Chhatrion-ka-SamnQ,
'limber, J i s t t .Oaipur,
Knjasthan.
7.10.85
7.10.88
1 85—Sursag ar
i. 39-arnbef
-
78 -
I Z1ZI I Z I I I I I I I I I I Z Z I I Z Z3Z Z ZZZZ~
i _~
RAJMSTHAN{Cantd.)
9, 39-r.mber
10.
Shri Ram Charan,
' 7.1 0.85
,ijmer Road, in
. front of Police
Station,Sadala Footye
Bag, Jaipur.
41-Haua Mahal
S h r i Chandsr Mohan
Sharma,
7.10.85
2772, Gagru U a l o n - k a h? : sta, J a i p u r .
1 1 . 41-Haua Mahal
S h r i Rajendra Kumar,
C-28, " A b h i l a s h a " ,
T i l a k Nagar,Jaipur.
'Rajasthan.
12.
S h r i Satya Narain
Kajaluala,
7.10.85'
Fomesh Chandra H a l u a i ,
rianumanji-ka—Rasta,
Choukri U i s h e s h u a r j i ,
D'aruajeman, J a i p u r .
13.
41-Haua Mahal
43-r-Kishanpole
7.10.85
S h r i Gulam Rasul Khan, 7.10.85
7.10.88
7.10.88
7.10.88
7.10.88
7.10.88
3940, Rasta Needar Rao,
Chaukari Topkhana Jesh,
Jaipur,
14. 43-K ishanpole
Shri' Satya NarainSharma,
Jain Murti
Khajane dglon-ka—
Rasta,Jaipur.
7.10.85
7.10.88
15. 25-Khe.tri.
Shri Eudh Ham,
V, & P.O. Tyonda,
uistt.Jhunjhunu,
Kajasthan.
7.10,85
7.10,88
16. 25-Khatri
Shri Yad R a m,
l/illi & P.O. Hserua,
iîstt. Jhunjhunu,
najasthan.
7.10.85
7.10,88
17. 25-Khetri
Shri Shyam Lai,
V. & P.O. Khetri,
Jistt. Jhunjhunu,
hajasthan, •
7.10.85
7.10.88
7b
RA3ASTHAN(Contd.)
18.
4Q-3aipur
Hux-al
7.10.85
S h r i T u f e i l ^hmed,
lôhalla S i k a r i r . n , "
Inside Sanganeri Gate?
3aipur.
7.10.88
19,
4 0~0aipur
Rural
Shri tabu L a l . G u j a r ,
M i l l . Pali,Tehsil
3anitJaragarh j Via
Amber;Post bhanpura
Kalan, 3aipur»
7.10.35
7.10.86
20,
40~3aipur
Rural
S h r i fôhd. E i r i j s G
KhanFamous Pharmacy,Handipura, 3aipur,
f- 3 jasthan -
7.10.85
7.10.88
51-&andikui
Shr5. Ka.lyan Sahai
5 harma>
y i j . l a g a Nanaguada,
P.0 t
Gudhiala,
l/ia» E u n d i k u i ,
S i s 11 o 3 -a i P u r ,
Rajasthan.
7.10.85
7.10.86
21.
22.
68-Kaman
S h r i Jeewan Sing'h,
\1. (x P.O. P a h a r i .
T e h s i l Kaman,
^ i s t t . Bharatpur,
R a jasthan'.
7.10.85
'7.10.88
23.
49-Lalsot
Shri haju fiesna,
\1, & P.O. Q e o l i ,
Tehsil Lalsat,
D i s t t . ' 3aipur,
Rajasthan,
7,10.85
7.10.88
24.
75-Ueir
Shri Ph°ol Sinqh,
Bayana [>
,LJeir,iJistt,.
Eiharatpur s h'a jasthan .
7.10.85
7.10.88
25.
74-Nadbai
Shri Gyasi Ram,
Uard No. 3,
Kasba Nadbai,
b i s t t . Eharatpur,
i\a jasthan.
7.10.85
7.1Q.88
,
-
_ J_
~
79 -
2
3
4
Rh3ASTHaN(Contd.)
26.
72-Bharatpur
Shri Gulab Singh
Arya, •
'
7.10.85
M. & P . O . Cachhamandi
7.10.88
(iMauh)," O i s t t ,
Bharatpur,
Kajasthan.
27.
46-Dudu
S h r i fioopa Ham,
P.0» Savarda,
T e h s i l 'ûdu,
L i s t t . Daipur,
f"<a j a s t h a n ,
7.10.85
7.10.88
-
80 -
£HAPTE:R--IU
P I g f QSAL J3F
During the
month of October,
1985, the Commissi-or
received i n t i m a t i o n about disposal of 12 e l e c t i o n
from d i f f e r e n t
High Courts,
Mo i n t i m a t i o n
petiti
regarding
disposal of any appeal i n e l e c t i o n matters was received
from the Supreme Court of
India,
Details* of. e l e c t i o n
and pending i n the
Court following
petitions
filed,
disposed of
High- Courts. <and appeals i n the Supreme
(a) General Elections to the
Assemblies held i n 1977-79,
Sabha held i n 1980, (c)
Legislative
(b) General Election to Lok
General Elections t o the
Legislative
Assemblies, 1980,
(d) General Election to the
Legislative
Assemblies, 1982,
(3) General Elections
the
Legislative Assemblies, 1983,
to the House of the
Pe'ople', 1984,
(f)
General Elections
(g)
General Elections
Legislative Assemblies, T984 and (h)
the
Legislative
eight
statements
( I to U I I l )
i n the Supreme Court.
Election
General Elections
to
to
Assemblies, 1985 are furnished i n the
An apoeal, r e l a t i n g
and judgment
to
annexed.
to the year 1972 i s
This appeal i s
of High Court
of
against
also
pending
the order
Punjab and Haryana i n
P e t i t i o n No;27 of 1972.
Uttam Singh Us.Kirpal
Singh by which the High Court had allowed the
petition,
contd,,,.
- 81 As on 31,10.1985, 432 election petitions and
36 appeals uere pending in different High Courts and
Supreme Court respectively,
A statement (No.IX) showing
the periods for which these election petitions in different
High Courts and appeals in the Supreme Court-are pending
is also annexed.
STATENENI - l
GENERAL ELECTIONS TO THELEGISLATIVE-ASSEMBLIES,
,t977 to 1 9 7 9 .
Number of e l e c t i o n p e t i t i o n s f i l a d , disposed of? psndjjiQ
j-H the. High Courts "and appeals-in tha Supj: erne Court*
;
(As on 31.i0i1985);
"S.NoT ferneô? State"/" 'ETectTon *Pet*i'tio'n's £n
g C o u r t » rippeaTs i n t h e S"upreme C o u r t ,
Filed
°" "^*"Qisposed of Pending
Union
F i l e d _ "*" ' "*0i"sp"o"s'e"oT u"iT" """"Pencil r\o
Territory.
Upto the
During Total
U p t d the" " Our f ng" TcTtaT
and of
tha
e&d of
the
last month month,
last month month.
T
1,
2,
3.
4.
5.
6,
7.
8.
9.
_
Andhrt Pradesh(197B)'21
A s 3 a m (1976)
9
(1977)
31
r]jryana(i977)
'
" 7
Hiiriachal Pradesh (1 977) 5
Jammu & Kashmir(1977)19
K^rnataka(i97B)
74
Karala(iJ77)
19
iviadhya Pradesh (1 977 ) 28
1 0 . Maharashtra(1978)
13
Q y (
11.
9
1 2 . NaQaland(1978)
6
13. 0rissa(i977)
16
1 4 . Punjab (1977)
18
1 5 . Rajasthan(i977)
2
1 6 . Sikkim(V979)
8
1 7 . Tamil Nadu (1977)
1 8 . Uttar Pradosh(1977)
3719. LJast Bengal(1977)
1.
UNION TERRITORIES; .
1. DelhT(T9T7T *
4
TOTfiL
21
9
31
7
5
19
74
'1.9*
2{>
13
1
' 9
6
16
18
2
8«
37
1
5
_ _ _
^ _ »
21
3
31
7
5
19
74
19
28
13
1
9
6
16
*ia
2
8
37
1
2
2
4
1
2
2;
2
2
333
333
333
2 . Goa,Daman & 0 i u ( 1 9 7 7 ) 1
3. nizoram(1g79)
4. Pondicherry(i977)
_ ^
?
_ _ _ _
Q
g - -•
6
3
6
2
6
3
6
1
,1
4
4
6
6
2
4
4
6
6
2
'6
2
1
10
4
1
1
10
4
1
*1
10
4
5
9
5
7
5
7
1
2
1
2
1
2
72
69
69
• 1
6
3
6
GENERA L. ELECTIONS TO THE LOK SABHA, 1 9 6 0 .
Number of e l e c t i o n p e t i t i o n s f i l e d , disposed off
pending in the-High 'Courts "and aff p e a 1 s in. the)
5 u p r e me C a u r_t.
(As on 3 1 . 1 0 . 1 9 8 5 ) .
S."No, Nama'™"oT 's'taite/""Election lêTitio"ns Tn tKe High" TToLTrT. "Appeals in~the Su01*6*01^ "CourT. ,
Union
Filed
Disposed 'of
\ PaTiding ffiledr. ^- Disposa^d
of
**r",-^
J
Territory.
Up to T F i "uTTfrhg" "Total
UpToThe
D*uVinQ Total
end of
the
'
end of
the
l a s t month month.
l a s t month month*
—T
" ~ ~2
~ ~
1 1 1 1 r~" x~ 1 z 1 ~ 12 n 11 z z 11
"•
Hndhra Pradesh
Bihar
Gujarat
_
t
Haryana
Himachal Pradesh
6. Jammu <k Kashmir
• 7.Karnataka
Kerala
a.
9. fladhya Pradesh
10. Maharashtra
11. Orissa
12. Rajasthan
13. vTamil Nadu
14. Tripura
15. Uttar Pradesh
16. West Bengal
1.
2.
3.
A.
5.
1
14
2
1
1
2
1
1
4
6
1
2
1
11
2
1
1
1
1
1
4
5
1
1
2
14
2
. 1
2
T3
2
17.•'• Aruriachal Pradesh 1
18, -Delhi
2
1
2
1
1
11
2
1
1
1
1
1
4
5
1
1
1
2
13
2
3
—
z z 7~
2
3
1
—
1
mm
1
1
_
1
1
1
2
—
2
1
1
1
3
1
2
1
1
2
14
10
10
•1
UNION TERRITORIES:
19. Dadra d- N; Haveii
Total:
1
•" 1
1
2
1
59
52
52.
STATEMENT-I.il
GENERAL ELECTIONS TO .LEGISLATIVE ASSEMBLIES, 1 9 8 0 .
Number of e l e c t i o n p e t i t i o n s
the
filed.-
d i s p o s e d o f , -pending i n
High Courts and appeals i n the Supreme CourTT
~
\
(Aa on 3 1 . 1 0 . 1 9 8 5 ) .
"S.TIuT Nanris'ôT "St a* te/~~-. "£•l'ecTi'a*n*~P e"tTtTo*ns"Mi~ ~h*e Tiiq'h~C'ou~t's»'Tj\'p*pe'aTs'~*i'n "tt,~ S'u'pr'eme' 'Cou'r't*
!jlnlu?
•
Filed '
Disposed of Pendfriq ' *'"TiIef?"
d i s p o s e d of
^Pending"'
lemtory.
Upto- the
During Total
Upto the
During t o t a l "
erici o f ; "
the
:
"end of
the
l a s t month month*
- ••
•
••
l a s t jna;nth._fTiGntVi»
I 1 ! Z-rj?S"SSSSS"S~l"S£-Z~l I I . 1 1 l l
T.. Bihar
.
39
27 •
Z. Gujarat
'
5
4.
3. Karala
I- '•
8
8
4;.'
5.
6.
7.
8.
3,
10.
11.
12.
13.
14.
iladhya Pradesh
'
f'lanipur
Maharashtra "
Crissa
Punjab
Rajasthan .
T a m i l Nadu
U t t a r ' Pradesh
Arunachal Pradesh
Goa,0aman & Diu
Pondicherry
TOTAL:
:
23
23
4
4
16
16
•
4 4
42
4120
17
17
17
29
27
1
1- .
2 2
1
1
211
192
_ , .
-
_ 7 1 1 1 1 _8_ Z -9_ 1 -• _ I 1 £ - DXZ Z. 11MI
27
12
3
3
4
1
1
.1
8 •
-
23
4
16
4
41
17
17
27
1
2
. . '• 1
3
2
-
1 ~
192
19
2.
2
S
.S
1
1
2
1
.
_
•1 1 - 3
~ 11
9
8
o
1
1
- .
45
37-
-
3
1
-
2
5
1
1
_ .
9
9
5
1
_
-
_
.
37
-
.
1
_.
2 ...
2
3
-
- 85 ~v
STATEMENT'ÎV -... .. .,
..
•
GENERAL ELECTIONS TO • LEGISLATIVE ASSEMBLIES, 1982.
Number of * e l e c t i o n * p e t i t i o n s f i l e d , disposed, o*f, "pending
t h e High Courtyand Appeals i n the Supreme CourtT
...n.:......
:
_ . .
i
'i
i.
i
.in w n - i i i
,i
in.i.II
i
JUI'I.-
i
•
-
i
in
.
'.....
^
..
( As on 3 1 . '.Q. 1985).
"S.TIoT "NafneôT Bt'at'e/^'E'le'ctTo'n Pe'ti'ti'on's -in' the HighCou'rt "Apê^lsîri th*9 ûpEgjne C*oUr't>"
Union
F i l e d "*~~~
•• Disposed of
Pending Piled
Disposed oT
"*"
Territory,
Upto -the
During .TotaT
Upto tha
During T o t a l
end of
the
.
end of _
the
l a s t "month J2Drjth. __ _
••_
^ las.t fn£nth— month
5
6
9
1
l~J~J!TJVL~™~_~_~-"ir_ _ £"„"!.""_ ™
~~_
1
JL
1 . l+ia.achal Pradesh
12
12 **
- -
. 1 2
-
5
2 . Haryana
27
27 /
" •• -
, 2 7
-
17-
15
14 „
-
8
7
-
4
3 '' ;
. '
3. Kerala
-
4 . U e s t Bengal
5. 'Nagalarid
TOTAL:
.
66
63
-
14
..
,
~ *T ~-Ts"L - " I - . SS
3
.
15
J,
1 '
4
4 -
7
1
-
-
3
1
63
3
2
1 ..
28
23
-
3
2
-
'15
2
-
4
_ . ' -
-
1
1
23
5
STATEMENT-V
GENERAL ELECTION5TO THE LEGI3UTIVE ASSEMBLIES, -3983.
Number of e l e c t i o n p e t i t i o n s f i l e d , d i s p o s e d o f , ; pending
the .High Courts and appeals i n the Supreme Court*:-
,
in
a on 31.10.1985) «
t^^f
WBWW
^K^tt
HVV
t*^^
BH
WU7W
A^^tf
^^^v
M>W
#^ÂW
MUM
d^^0
^VMr
^^^tf
MBHP
BMB
tfHkff
*44to
*^V
MHB
BMW
B7W
^H^V
W^tf
IMHP-
VHIVIl
H ^
tfl^V
HW
VM^"
WW
VW
4^^V
WM'
^B^P • 4H%"
••&•
HMV'i
MViV
V^^B
fl^Â
i^Hv
^^^^t-
^^^tf
^^^V"
^^Mb
8. No. Name o f » s t a t e / Eleetion P e t i t i o n s , x,n the High Courts.
Appeals i n the Supreme Cpurt.
Union
Filed
Disposed of, :
Pending
Filed
Dispossd of ".
Pending
Tarritory.v
: Upto the
During Total
, ,
~Upto the
During T o t a l
., en,d of
the
*
and of
the
l a s t month month
"
l a s t munth, month*
2
T2~
"3"" ~ "" T.~ ~ ~ T
"" ~ 6
7~"" t "" 8 ~ :' : ™"9~' ~ " ~ TO"'": TV
1.
Andhra Pradosh
2.
Assam
3.
Jamrnu i
39
34.
5
3
3
3
76
12
14
6.2
22
21
21
1
5
4
4
1
4
2
2
2
14
8
8
6
1
1
166
94
86
80
16
12
6
Kashmir
4 . Kar nataka
Wag ha laya
6 . Tripura
7 . ' uaihi
y
. 34
•
1 1 •-
4
STATEMENT-VI'
GENERAL ELECTIONS TO THE HOUSE,OF THE:P£OPLE«1 9B4.
Numbar of e l e c t i o n p e t i t i o n s , filled,- disposed of,^ pending i n
tho High Courts and a p p e a l s . i n the Supreme C o u r t .
(-•la 6n 3 1 . 1 0 . 1 3 8 5 ) /
S".No. Na~2 of S t a t e / E l e c t i o n P e t i t i o n s ' i n the High Courts' _..
••••• Union
•
- •.
. F-ilecT^"..; Qispos-aci o f - :
Territory.. ..
Upto the
e n'd o f
l a s t month.
Pending
During T o t a l
the
month
•.5..
6T.-
~ 7 ""
5
5
5
5
2
1
4.--Haryana
2
1
g.
2
2
6. Karnatoka
1
1
7. Kerala
1
8. F'iadhya Hradosh
2
1
9. . Maharashtra.,.
2
1.
1
1
15
10
6
6
1
• 1 . An^hra Pradesh
2.
Bih^r
•'3.
.
,
Gujarat
'
Jammu ic Kashmir
10.
Orissa
-
1 1 . Uttar Pradesh
12.
u/sst
13.
Lakshadueep
1
14.
Oadra & N. Haveli
1
15.
Delhi
4
'
Bengal,
TUTA!?
50
1
"2"
1
1
T2"
1
"38
i n t h e Supreme Court
• -' BispTDsed'-'o'':'
Pand'iriQ
Up-to the . During Total
end of
the
l a s t month.month.
. ~ r :sr ~ T - TO
Tr "
'-Filed
4"
-
titi
-
STATEMENT-VJI
GENERAL ELECTIONS T-0 THE LEGISLATIVE ASSEMBLIES, 1 9 8 4 .
Number of e l e c t i o n p e t i t i o n s filled, -disposed of, pending • in the
Hiqh Courts and appeals in the Supreme Court.
(as on 31.1O-*J985)%
S.No, Name of S t a f e /
"' ' •"„ Uni-n
.
Territ-ory
"1"
Elec1>i'on~i}'8'tTtTons'"~in The High Court* Appeals Tn tKe**~Supreme""Court
Filed
Qjspose'd of Pending t j l a d
' Df .^poaad' g F~~~~~Z~~ ""P
•
Up to the
"During
Upto t h e .. During T o t all
end of
the
. -.
'
endd off
tth
he
.
l a s t month month.
^_ jLa£t—m±L* VIlAfc.11
i2
-3
- ~£ - g
"" 7~
~' 8
9 ' "
TO
Tl
5 - ~
1. Tamil Nadu
5
5-
2 . Pianipur
4
4
"1
1
1
1
-
3 . ,-irunachal Hradesh
4.' Gc a, Jaman &
1
5 . i'lizoram
TOTnL:
12
12
STATEMENT - ,-UIII
GENERAL ELECTI ONS TO THE LEG]ESU-TIME. ASSEMBLIES , 1985
Number of election petitions filed, Jij3pOS ed ofj. p.endinq in the
3h Courts
and appeals in the Uupreme Court.
(as on 31,• 10.1985)
•
•
•
.
.
«
5. No.. Name o7 State/„ Election Petitions in the High Court. Appeal^ in t'ha Supreme Court,
Union
Filed
Disposed of
Pending Fi led^
JU 3posed of
P e nd i ng
Territory.
Upto the
During Total
. • •. Upto tht3
Uuring T o t a l
end of
end of
the
the
last me i
Tth month.
J
last month month.
t
3
5
7
8
y
1G ~ T1
1
'4
1 "
T2
—
•
mdhra
Pradesh
17
—
_
•17
1.
2. Bihar
'3. Gujarat
4. Himachal Pradesh
5. Karnataka
6. Maharashtra
7. f'ladhya Pradesh
8. Crissa
3. Rajasthan ••
10. Sikkim
11. Uttar Pradesh
12. pondicharry
TOTAL:
45
9
12
26
26
54
8
24
2
74
<
1
—
1
-
•
9
-
1
1
1
2
10
5
49
1
—
7
24
.. 44
9
10 '•
-
26 -.-
16
—
_
—
—
_
2
4
-
70
1
3
-
1
1
1
-
—
.—
—
—
1
-
-
298
16
9
25
273
-
-
1
1
4
—
•
.
—
—
—
•»
—
—
—
—
—
-
-
-
-
90 ~
- IX
Statement showing por_ic_Uj3_X±r-J£LLk^^
I n the HiQJT-Jâu£ts^^
i
are
"Name""o7 "state"/" lias's "than" "~8etuee"n
Ee'tUs^n" êTfueeri ~"0\7eF 3"
Union
a year.
1-2 Years. 2~3Yaars 3-4Years years
Ierritcr^. '
HC. S_C_ HC
SjC _HC SC, __ JHC__ SC,_ _HC _ SC.
And"hFa""Pra~es"h
22 " " - " " 5 "~ 5 ~ 2
Assam
• „ - . - . —
3
.
.
Bihar
49
2
15
Gujarat
1 0 - . ~ -.
«
1
Haryana
1 1
- 2
_
1
Himachal Pradesh 1 0 - 1
- 1
3ammu & Kashmir
2 6 2 - 1
—
Karnataka
27
2
- 2
. 1 Kerala
^
„
.
Madhya Pradesh
5 0 -.
- —
Maharashtra
1
7
—
1 1
Manipur
4
- _ - ,
Maghalaya
1
„
Nag a land
' <1
-1
- . . , - - . _
Orissa
8
- - - . - . . —
Punjab
- 1 1
- . - . . a . 1
• -.
Rajasthan
2 4 .- 4
1
Sikkim
« - . - . - .
- ' - . - . - - Tamil Nadu
5 - 1
- _
\
Tripura
U t t a r Pradesh
Uest Bengal >
arunachal Pd.
Celhi
Lakshadueep
i Hizoram
Goa, Daman & Diu
Pondicherry
Gadra&N.Haveli
TOTHL:
-
- -
80
2
6
1 3 1 - 1 1 - 1
322
6
-
-
2
2
«. ' 2
1
•
6 1
-.
- - -
1 - » - 2
17
83 .
-
6
_
_
_
- .
-
-
-
3
.
.
_
_
_
_
- '
_
1
25
2
_
.
-
6
- 91'-
CHAPTER - y..
VACANCY
STATEMENT
At the and of October '1985, there existed
20 vacancies in the House--of People and 3 vacancies
in the Council of States.
In the Legislative
Assemblies^ of various States, there existed 13
vacancies whereas in the Legislative Councils of
various States, there were/132 vacancies, •A statement
showing details erf vacancies is given in the following
pages.
- 92 ABSTRACT - I
T o t a T ' nu m be r -Q.f.'sâats in Council of States
and L e g i s l a t i v e Councils a nd vacancies.
(As on3i ,10.1985).
s. N o .
1
Name o f . S t a t e /
Union
Terriroty
2
1. Andhra Pradesh
2. Assam
3. Bihar
4. Gujarat
5. Haryana
6. H i m a c h a l Pradesh
7. Gammu & Kashmir
8. Karnataka
9. Kerala
10. Madhya Pradesh
11. Maharashtra
12. Planipur
13. Meghalaya
14. Nag a land
15. Orissa
16. Punjab
17. Rajasthan
18. Sikkim
19. Tamil Nadu
20. Tripura
21. Uttar Pradesh
22. West Bengal
UNION TERRITORIES:
1. Andaman & N.Island
2. runachal Pradesh
3. Chandigarh
4. Dadra & N. Haveli
S. Delhi
6. Goa,Daman & Diu
7. Lakshadueep
8, Mizoram
9. Pondicherry
TOTAL:
Council of States Legislative Council
Total
Vacant
Total
Vacant
i
C
R
C
R
6
7
8
3
4 *" . 5 ""
1
_
—
—
. —'
18
—
—
7
-
—
—
22
11
5
3
4
12
9
16
19
1
1
1
10
7
•
—
—
3
_
—
1
1
232
36
—
-
-—
—
-
_
63
-
—
—
-
—
1
1
—
_
- 1
4
•
-
—
1
1
-—
*—
96
—
—
63
—
—
78
_
—
—
mm
10
18
1
34
16
—
1
-—
108
—
—
34
—
—
1
' —
—
8 .
21
*m
mm
m.
m.
8
—
_
_
_
21
—
—
—
39
_
—
-»
"•
—
*•
—
—
—
1
131
TB
• —
—
_
_
a.
-
•
_
—
—
—
-
2
1
444
R= Vacancies due to retirement*
NB= Details of vacancies are shown in the enclosed
statement
-
93 -
ABSTRACT-II
Total
the
^ . g .^_t..T
ttJT? .
b l i s s and y_aga
[as on 30.1.0*1985).
r
§*No. "Name""of s"t^t'e/ ~H"ausV 'oT "the" 'PsopTejLegislatiua
•
.
Assembly
Union
l/acjmt
Territory.
Total
'Vacant
Total
" "6
T
2 94
1. Andhra Pradesh
42
126
14
14
2. Assam**
2
1
324
54
3. Bihar
132 '
1
26
4. Gujarat
2
90
10
5. Haryana
68
4
6. Himachal Pradesh
1
6
76*
7. Jammu & Kashmir
224
28
8. Karnataka
140
1
20
9. Kerala
320
40
10. Wadhya Pradesh
288
1
48
11. Maharashtra
2
60
60
2
12. Manipur
60
1
13. Meg halaya
147
14. Nagaland
.21
117
2
15. Orissa
13
25
200
16. Punjab
1
32
17. Rajasthan
1
39
234
18. Sikkim
2
19. Tamil Nadu
60
85
20. Tripura
425
42
294
21. Uttar Pradesh
22. Uest Bengal
1 .Andaman
& N, Islands 1
UNION
TERRITORIES:
2
2. Arunachal Pradesh
•30
1
3. Chandigarh
1
4 . Dadra & N, Haveli
7
56d
5. Delhi
1
6. Lakshadueep
2
7. Goa,0aman & Diu
30
1
8. Mizoram
30
1
9. Pondichorry
30
TOTAL:
542
20
3997
13
*" Excluding" *2*4 se'ats ear-marked" fo~ Pa£is\a'n~~o'ccu'pTed" "" "*"
Territory.
* * assembly was dissolved on 18.8.85*
& r i e t r o p o l i t a n Council Constituencies.
NOTE: Details of vacancies are shoun i n statement enclosed,
VACANCIES IN PARLIAMENT AND STATE LEGISLATURES.
(As on
Name o f S t a t e
1
No, of
seats
vacant.
2
Nc . and Name of
cc nstituency.
Cause o f
vacancy.
3"
Date of
vacancy.
30*' 10,,1985)
"Date o f
IRemark.
6
4
-?
COUNC I L OF STATES
BY .RETIREMENT
1 • jammu & Kashmir 1
By members
By r e t i r e m e n t
1 0 . 1.84
3- 12 .85
Resignation
1 4 . 5.85
-
2 7 . 10.85
3- 12 . 8 5
3. 12 .85
3 1 . 12.84
-
-
/
-
CASUAL l/AC^NCIES.
1 » U t t a r Pradesh
1
By members.
2 . West Bengal
1
BM members
1 • nssam
14
Death
HOIIS.E OF THE PEOPLE
A l l the 14 seats
General
are vacant.
erection not held
2.
Bihar
1
23 •
3.
Orissa
1
5C Kindrapara
4t
i.ajasthan
1
5 . Uttar Pradesh
1
5.
6 « Uest Bengal
1
41 .
7•
1
1.
O G lhi
Death -
2.7 .85
1 6 . 12 . 8 5
Resignation
2 5 . 3.85
1 6 . 12 . 8 5
-
3-Churu
.Death
2 2 . 6.85
1 6 . 12 . 8 5
-
Bijnor(SC)
Death
1 6 . 5.85
1 6 . 12 . 8 5
-
Death
5.5 .85
1 6 . 12. .85
-
Death
3 1 . 7.85
1 6 . 12 .85
mm
Kisanganj
Bolpur
South D e l h i
'
-
-
- 95 -
1. Bihar
34
LEGISLATIVE COUNCIL
Retired'
Patna L.A.
Nalanda L,.\. '
Gaya L.A.
Au rang a bad L.A,
Nawac'a • L . H •
Bhojpur L.,t.
Rohtas L.A'.
Saran L.n.
Siwan L.A.
Udpal Ganj L.-u
East Champaran L.n.
aJest Champaran L.i-i.
huzaffarpur L.H.
Waishali L.A.
Liitaniarhi L.A.
ârbhanga L.A,
Hadhubani L . H .
-Samastipur L..i.
Monghyr L.A. .
bdgusarai-cumKhagaria L.A.
Bhajalpur L.A*
Purnea L.A.
Kitihar L.A.
Santhal Par§anas L . H .
^2 seats)
Hazaribagh L..U
Giridih L.A.
Rp.nchi L.a.
(2 seats)
Palamau L.A.
Phantad L.A.
• Singhbhum L.K.
(2 seats)
Madhapura L.A.
11 members
retired on
6.5.70,.11
members
retired on
3^.5.80 and
12 members
retired on
6.5.82.
Information regarding
constitution of local
bodies(Members of
which constitute the
electorate of local
authorities
constituencies), is
awaited from the
Chief
Officer.
- 96
2» Dammu and
Kashmir
8 By MLA3
(Tahsil Kargil)
(i seat)
Oammu Provice
(4 seats)
- Kashmir Provice
(3 seats)
3» Karnataka
21 Biuar L,A»
Gulbarga L.A.
Bijapur L.A.
Belgaum L.A.
(2 seats)
Uttara
Kanneda L.A.
Dharuad L.A.
(2 seats)
Raichur L.^.
Bellary L.<\.
Chitradurca L
Shimoga L.A.
Qakshina Kan,nada L.A.
C.hickmagalur L . H .
Hassan L./•
Tumkur L.f.
Bangalore L.A.
Kolar L.A.
Kadagu L./..
Mysore L.A.
"5
Retired
5.9.84
Retired
11.9.84
Retired
11.9.64
Retired
7 mernbGrs
retired on
1.7.78,
7 members
retired on
14.5.80 and
7 members
retired on
11.6.82.
Certain local bodies
yet to be constituted,
I I I I I2- -'- - ~3
4 . Maharashtra
5 . T a m i l Nadu
'8
21
Nasik L . A .
Hune L . A .
Osmanabad-cum-.
Latui-cum-Beed 1_,
nurangabad L . A ,
Parbhani L.A.
Raigad-cum—
Singhdurg—cum—
R a t n a g i r i L.A.
Sangli-cumSatara L.A.
Ainravati L.A.
Retired
7.7.8"2
Retired
27»B.84
tia d r a s L. a ,
Retired
21.4.74
of the
Madras Corporation(the
members of uhi«h
constitute the electorate)
is auaited.
YRetired
21.4.76
Roconstitution of local
bodies auaited.
Ratirecl
21.4.78
Chengalapattu L.A. •
Coimbatore~
N i l g i r i s L.A.
(2 s e a t s )
Tiadurai L.A.
(2 s e a t s )
T i r u n a v e l i L.A.
(2 s e a t s ) i\lorth /^rcot L . A .
(2 s e a t s )
South Arcot L . a .
(2 Seats)
TirunchirapallyPudukkottai L.A.
(2 seats)
i.anyakumari L.A.
Due to' non-existanee.of
local bodies biennial
elections can't -be held.
-do-
-do-
1
2 „ _. ,_
Tamil Nadu
6. Uttar
pxadesh
_ 2. _ ._ _ -'".
Th^njauur L»M»
(2 seats)
Salem-Dharampuri
L.A. (2 seats)
Ramanathapuram
L,.l. (2 seats)
39
Tehri Garhual L.A.
Garhual L.a.
Kumaan L.A.
Moradabad-Bijnor
RainpurBoreilley L.A.
Badaun L.A.
PilibhitShahjohanpur L.A.
Herdoi L.A.
Kheri L.A,
Sitapur L.A.
Lucknou-Unna L.M.
Pratapgarh L,./-»«
Sultanpur L.A.
Bara Banki L . M .
Bahraich L . H .
Gonda L.i-v,
Faizabcd L.A,
Basti L.A. .
Gorakhpur L . H .
•Daoria L.A,
nzamgaxh L.î.
Ballia L.<-\«
Ghazipur L.A»
.... *A.
„ Retired
21.4.80
Reconstitution of
Local bodies aaaited.
26 members —
retired on
5.5.80 and
13 members
retired on
5.5.82.
R,,constitution of
local bodies auaited.
J
J Fêtire.d
x,
*•• "" " 1
A — ——
"*"
Uttar Pradesh
(Contd.)
99 -
U a r a n a s i L.A.
L.A.
i L.A.
Banda-Hrmirpur
L.A.
26 members retired on
5.5,80 and
13 members
retired on
5.5.82.
RBconstitution of Local
bodi'e* auaited.
3hansi-3alaunLalitpur L.M.
Kanpur Fatehpur L.A.
Etauah—
Farrukho bad l_.a
*.> c r a L • (••
Matnura-Etaah
Hainpuri L , M ,
(2 seats)
Alic,arh L.A,
Bulandshahr L.A|
Ghaziabad L.a.
MijZaf far nagar~
Sah&xanpur L . H .
1 . 3ammu. and
Kashmir
By Kashmir
Panchayat
11.6.83
Panchayats in Kashmir
province have not
bet been constituted.
- iuu -
LEGISLATIVE ASSEMBLIES
'1 . Bihar
111-Kisanpur
Death
Death
F(eQ n.
•f(?g n«
2
8.4.84
8.4.85
U.12.85
16.12.85
28.9.85
9.9.65
2. Haryana
2
14-3undla
63-Bhadra,
3. 3ammu &
Kashmir
1
46 -Qoda
Declaration dt.
18.4.33 of
result w a s
cancelled and
repoll ordered
in 16 polling
stations vide
Commission's
order dated
22.6.83.
4. Kerala
1
111-Ranni
Death
22 .3. 85
16. 12. 85
5. Maharashtra
1
117-Signapur
Death
3 .9. 85
16. 12. 65
The Commission^ order
dated 22.6.83 cancelling
the.RO's declaration of
result and directionof
rapoll in 16 polling
stations uas stayed by
3 & K High Court on
29.6.-83 in u r i t
petition No. 291/83. On
appeal by the Commission
the Supreme Court
vacated the High Court
stay order on 19.7.83,
and directed tha High
cCpurt to dispose of the
u r i t petition expeditiously. The High Court
decision in the u r i t
petition is s t i l l
auaited.
-
\i 111 z
"2
6. Punjab
2
7 . Gujarat
1
8 . Tamil Nadu
1
9 . West
\
101 -..
7
2H-3allundur
North
Death
28.9.85
31-Jullundur
Central
- Oeath
28,9.85
Death
24.9.85
16.12.85
Death
9,9,85
16,12.85
Death
7.4.85
16.12.85
Death
4.9.85
16.12.85
148-Seyajiganj
50-Cheyyar
51-aurangabacJ
The poll was countermanded dua to
death of candidate
on 7.9.85 • during t)1Q
general elactions to
Legislative Mssembly
of Punjab.
-do-
C e ng a 1
1 0 . Delhi
1
2-LuXmibai
Naqar
- 102 -
Commlssion|s y.igus__o_n_ jji ffj3
During the month of Octob-er,85, CEC met ths
President of India and approsed him of the d e t a i l s of
the steps that uere taken to ensure a free,
peaceful poll in Punjab.
the National Press.
fair and
His meeting uas covered by
A press report on the subject
is reproduced in the following pages.
Apart fromthe above, Commission's. views on holding
of bye-election from South Delhi parliamentary
constituency*introduction of proportional representation
in India, rejection of the demand of Dammat-e-U lema-i
Hind that a l l those enumerated during tha census should
be included in the electoral r o l l s of Assam, setting
up of a special c e l l in Assam to ensure speedy disposal
of nearly 11 lakh claims, rejection of demand of AASU
for extension of time for the
finalisatian of
electoral r o l l s and convening of meeting of
officials
to discuss Asss-.m elections appeared in the press.
Relevant press clipping's are reproduced in the
• following p-?,g'as.
- 103 3 A3 J^GLL _DE£AILS
Chief Election Commission or R.K.Trivedi today
reported to President Zail Singh that 67.5B per cent
of the electorate had voted in the Punjab elections held
in very peaceful atmosphere.
He uas with the President for half an hour and
gave him dbtails of the arrangements that, uere made
for the p o l l s .
Mr.Trivedi later told newsmen !'Thore uas not one
instance of an adjourned p o l l or a repoll or an occasion
for a r e p o l l .
There uere no incidents of booth.
capturing, rigging or pressurising of tht
polling
staff anywheres that made ,the situation even more
heartening. .
He said the President also had noted a l l these
features and had complimented everybody connected
with the conduct of the elections'.
Another healthy feature was that the voters
had been q uite discerning about their choice.
HINDUSTAN TIMES
NEU DELHI
2.10.85.
-
104 -
The E l e c t i o n Commission w i l l go nhond uiith a bye l e c t i o n in South Delhi necossitntod by the
of,.Congress(l)
,
assassination
leader L a l i t Makon.
^ t f i s c l c s i n g t h i s to UNI on Tuesday the Chief
E l e c t i o n Commissioner, Mr »R «K . T r i v e d i said some p e t i t i o n s
had been f i l e d
elections.
i n the Delhi High Co U rt regarding
In r e p l y to the communication of tha Election
Commission the high court had informed i t
of
tha
t h a t none
the p e t i t i o n e r s had demanded t h a t the r e s u l t s of
b y - e l e c t i o n should be declared
i n tha f a v o u r .
the
•
"Therefore uo can qo ahead with holding the b y - e l e c t i o n . "
1
The commissioner had asked the Delhi
Administration
to sug-jost a s u i t a b l e programme for holding the b y - '
e l e c t i o n f i r . T r i v a d i addnd.
The commission had 2I50
w r i t t e n to seven states of suggest s i m i l a r
for
programmes
holding the Lok S.abha.cnd assembly by-ieloiction.
Besides D e l h i , parliamentary b y - e l e c t i o n s
be held i n one constituency
Bengal,Rajasthan,Uttar
each i n Bihar, Uest
Pradesh and Drissa.
INDIAN EXPRESS
N.EU .DLL.HI
. 9.10.85.
uould
-
105 -
POLL PANEL AGAINST PROPORTIONAL REPRESENTATION
The E l e c t i o n Commission has n o t found, i t
tc
accept the proposal f o r p r o p o r t i o n a l
possible
representation
made by s e v e r a l O p p o s i t i o n
parties,
according t o
F l r , R«K . T r i v e d i , t h a Chief
Election
Commissioner.
The Commission had sought the comments o f
recognized n a t i o n a l ard r e g i o n a l p a r t i e s on i t s
recommendations f o r e l e c t o r a l
reforms b u t t h e Congross(l
T s l u g u Dasam, the- B3P and a number o f r e g i o n a l
d i d not send t h e i r
P a r t y , Lok
comments t o i t .
However t h e 3an.ata
D a l , the two Communist p a r t i e s ,
B l o c , the Congress(S)
parties
Forward
and some r e g i o n a l p a r t i c d d i d ,
Mr. T r i v o d i said i n an i n t e r v i e w here today
after
a c a r e f u l perusal of the Opposition
reactions,
for
the Commission f e l t
any change i n i t s o r i g i n a l
that
parties
t h a t t h e r e was no need
recommendations.
The Commission has conveyed i t s comments to the
Union Gavt, along with the replies of the p o l i t i c a l
parties so that the Centre can hold the promised
consultations with representatives of the parties
ot promote a clean public l i f e via electoral reforms
Those talks may be held before the uint.er session of
Parliament and the Gout, can i n i t i a t e
legislation
before the end of the year,
The proportional representation or l i s t
. . .
system
w as not among the Commission's o r i g i n a l recommendation
but was brought up by several parties, especially
the Communists and even the B3P is known to be in
its
favour.
- 106 ~
Asked about proportional
representation
iir.Trivedi
said i t was ''basically a p o l i t i c a l issi-o". He add a d.
Uhen the Scnstitution and the law lays doun the basic
broad parameters, ue have to operate uithin them .
Structural changes hnvjer not been sujgêstsd
in our
package of proposals.
In a democracy you have always to consider
distortions that arise from the working of a system*.
The existing system has worked well, not too harshly.
After a l l what is the basic purpose of election law?
I t is tuo«*fold.
F i r s t , the expression of an
individual 1 s .nhoice-a'nd the' freeflorn to exercise
it.
The second is the assumption that a peaceful change
can bo brought about in t h e ' S c v t .
"On both these points I am convinced that, the
existing system has stood the t e s t of time.
Any other arrangement is likely to lead to
fragmentation of parties or to coalitions at the Centre
which uould uegken the Centre and not be in the national
interest" •
In. fact
in the U.K., the Hansard Society had
suggested a mix of the l i s t system and the existing
system on the West German model.
But even though more
than six years have elapsed that recommondation has not
b oen accepted.
-
107 -
UB are following .the B r i t i s h pattern.
I
think any change in the patt&rn is needed at
don't
this
Stage.
Since some parties hsvc opposed company donations
to p o l i t i c a l parties as they f e e l that the "cake" w i l l
go to the r u l i n g patty,, Mr T r i v e d i uas asked about- •
his commonts, the Commission having welcomed the lau
on i t
in keaping with i t s oun suggestions.
had favoured State funds for candidates'
Some parties
electioneering,
The Chief Election Commissioner said "TheGovt.
is already spending Rs.75 cmros on the Lok Sabha '
eloctions and an equal amount on Assembly elections^,
Tha question being raised i s wrong.
Hou do ue reduce
the cost of electioneering? One that ue have made
a number-of recommendations,
• The resources are scarce even for the Fivfe—Year—Pit
Do you scale i t doun? Ui~iy should not society take on a
part of the expense of elections?.
"Time for
the parties op A l l India Radio and TV
t h i s is a major recommendation of ours.
next f i v e fcr
10 years u i l l
The proplo in
not be.able to attend
public meetings." .according to him,
Askod about the contributions of
multinational
corporations to parties influencing I n d i a ' s public/
l i f e , 1 as alleged by some leaders, Mr . T r i v e d i said
there should bo l i m i t s .
"Ehc accounts of parties .. '
and company accounts should be audited.
The black
- 108 .money gsts into the picture so long as you hauc a
"parallel eccneny,"
He felt that recommendations on. eliminating money
power, and muscle poucr should be implemented. A
number of parties expressed apprehensions about the
proposal that those uith a criminal record must be
elections as they felt that the
barred from contesting^/rulers could keep out their
opponents by misusing their authority to dofino a
criminal or make a candidate appear to be one in the
eyes of the lau«
The Commission thinks safeguards
ars possible.
Most parties favour the: words "criminal record"
to bp defined
after
consultations betuoen the parties.
One party called tha proposal "Obnoxious."
Some parties had opposed the recommendation
that the security deposit be raised by 10 times
and the number of votes secured should be considerably
mars (20/6) to savo the security deposit.
The Muslim
League said i t s character uas that of a minority
and i t could not muster sufficient
a deposit if the limit uas raised.
support to sauo
The S ikkim .Sangratn
Parishad so.id the State's constituencies uor too
small to merit the proposal.'
-
109 -
Mr. Triv/cdi favours
Q
l n l J to regulate the
a c t i v i t i e s of p o l i t i c a l parties
arg concerned.
:-s far as elections
"The conditt-'ians for
roiulatibn
and reennignition of parties should be suitably
dofined
or reuicued so that a p r o l i f e r a t i o n of parties ,dot.o
not take place.
Ue alrcp.dy hove a symbols ordor but
something more needs to be done1'.
STATESMAN
DE'LHI
9.1C.85
he adds,
- 110 -
The Election Commission h^.s rejected
T
thG 3amaat s-Ulemo-i-Hind
that
.--ill those, cnt-mor itad
during the census should be included
electoral r o l l s .
nor d e s i r a b l e . "
a demand: by
This i s neither
in the Assam
legal norf easiu l o ,
according tc tho Chief
Election
Commissioner,
The provisions of the Constitution
and the
Representation of the People Act arc quite ciaar
that
only Indian c i t i z e n s above the age of 21 can be
enrolled, besides the Assam accord
those foroignars
enrolled.
who came prior
lays down t h a t only
to -March 25,1971, cab bo
Mou i t -has gqne back to Danuary 1,1966,
going through c e r t a i n
Mr.Triv ed i said
after
formalities,
i t was not true t h a t names of
000,000 people had boon, struck off
the e l e c t o r a l . r o l l s
in -Assam as alleged by the 3amaat leader, Mr .Assad
FUdani, MP ,
U
I told him yery pa inly t h a t ue are not
concerned iJith communities but with a v o t e r ' s
eligibility
as o citizen
in terms of tho accord",
h Q ad d ed .
Mr Mad?.ni h";d 3i::.3mitted a memorandum to
the
Commission but i t did not mention-any number of
deleted
!
from the
rolls.
'In any case, one or tuo things are q u i t e
Ue s h a l l fully
spirit
implement the accord
and" w i l l ,
people
in l e t t e r
clear.
and
nt the some time, make sure t h a t no
one i s unnecessarily harassed
and n0 Indian
citizen'
-
is left
out.
In
fret,
111 -
an Indian citizen,
if he
moved from any ntho'r ' part of the country to Assam,
Gv/en a feu months before TJanunry i ,1985-thrit is if .
he fulfils
the residential qualifications
bo P; t i t l e d
to bo enrolled.
ho uould
And this date-March 25,1971
does not apply in his case; nor does 3ar>uary 1,1965."
he said.
Certain substantive proofs ucr required.
"Ue u i l l
not acce.pt any oral evidence,.. Uhat ue need i s
documentary evidence and i t
must be to the
of the Additional Chief Electoral
satisfaction
officers.
Any one document uould bo immediately accepted
uhethor i t uas a birth c e r t i f i c a t e
'citizenship rights ce t i f i c n t e
citizenship c e r t i f i c a t e .
or voters'
list,
cr the notional
More than p, e document uas n
not needed.
These ucr foolproof
documents.
Tho rest
usreonly
supporting evidence and authenticity and validity
had to be to the satisfaction
cf the authority
disposing of the claim,
"To the bust of our information, the recods arc
av ailable-rnay not be readily
at a l l police
stations
but can certainly be found yhen they arc ncedod.
In fact
if
this allegation uoro to be trus he
(fir Madani) uould not ask that
reaistor be verified
themselves.
a notional
citizens
by dlactnrp.l r e j i s t r a t i o n
They must be in existence, 5 '
officers
-
112 -
Fir Triycdi said, Evon after
electoral registration has' L):-n:vi taken to include
or delete n n?,rno, n remedy lies in the form of
appeal to the d i s t r i c t election officer. • Even after
publication of the final r o l l s , a remedy is open
to those uho fool aggrieved
for filing a claim or
°b lection,
"As far ?.s the dgportction part-
is concerned^
the Election Commission docs not corns into the
picture at a l l .
A deportation can take .place
only under the lau and that too under orders of the
authorized
tribunals,
"It is a yrong notion th.at anyone uho is not on
the r u l l s nou will be depor'ted
This is incorrect as far as us
automatically.
are concerned.
There is no question of deportation of any Indian
citizen."
STAT EMAN
NEU DELLHI
11.10.G5
- 113 E^Lk^HIll^rÎPJl
J^Jj^ JÔUEJ^ CELL INÂSSAM
In n major effort to finalise'the electoral r o l l s
in Assam oxped itiously, the election Commiss ion has
directed the state gout, to set up a high pouor
coordinating call and press into service on full, time
basis over 2,000 officials to help dispose of the
nearly 11 lakh claims and objections.
Disclosing this to newsmen here this ev/ening
the deputy election commissioner', Mr •l/.Romakr ishnan said
the high power c o l l , comprising the chief
officer
electoral
and representatives of the home, finance,
personnel and tr ansport d apartment s will meet on
alternative days to take stock of the situation and
deal with day to day problems.
Mr.Ramakrishnan, who
returned here last night after a five day v i s i t to Assart
alonguith the commission secretary, said the chief
election commissioner, Mr.R.K.Trivedi had also
impressed upon the state gevt. the need to set up
such a c e l l ,
Mr.Ramakrishnan said that the commission has also
directed the chief electoral officers to strengthen
the mircitoring arrangement so that the performance
of clearance of claims and objections could be
assessed against" pre-d ntermined targets."
Though Mr .Rafflakrishnan did not divulge the
targets date, i t is understood that the final r o l l s
would be ready latest by the middle of next month
-
114 -
and the elections are l i k e l y
Christmas,
There is also
of constitutin-j
a>
to bo hold before
constitutional • compulsion
the new assembly before January 17,
1986-uithin six months of the last sessions of the
dissolved assembly.
The anxity of the commission ot get.the
rolls
ready expeditiously could also be gauged from the
appointment of a record number of 68 additional chief
electoral o f f i c e r s 'and 2,000 assistant electoral
for the purpose. .The additional chief
officers
officers
electoral
are of thu rank of commissioners and j o i n t
secretaries.
'
'
JL^!JLM-G^fP<?J*?J.rir..Ram?ikriQhnan said t h a t a forum
had also beoh set up to deal with complaints and
violations of tho commiss.isnts guidelines while
disposing o f claims and objections.
He said the; commission had taken cognisance of any
malpractice by those engaged in the preparation of
i ^ l l s and effective act ion, including suspension had
been recommend ad uhcrevcr prirna facie case Has
w
'-stab lished,
.
He said the commission had sought regular
from the chief electoral o f f i c e r
reports
of Assam on the
progress made and a through rev/iou uould be made
after
a uook»
*• 115 Tho s t a t e
government an i t s
t h e number of
preparation
r:IJja holi-days
of
the r o l l s
to
Of t h e 17 d i s t r i c t s ,
Gnd
objections
Naugcngd .20
districts
for
the; l a r g e s t
for
engaged
(2.65
(about one
and o b j e c t i o n s
hnd s t a r t e d
to
on the
for
to
S a i k i a to give
priority
additional
wireless
to AssamjMr.Ramakrishnan
Barpota d i s t r i c t
Ho said
s t a t e was f u l l y
top
aroas.
visit
and o b j e c t i o n s .
people
has asked the Assam
the e l e c t i o n work and provide
visited
they
'
m i n i s t e r , Mr . H i t o s u a r
During h i s
last
the
the concerned
boriafides.
sots i n a c c e s s i b l e
of
had already begun- and
The Commission, he s n i d ,
chief
lakhs),
purpose.
sending n o t i c e s
prove t h e i r
claims
lakh)
Mr.Ramakrishnan said work on d i s p o s i n g
claims
the
process.
them uoro received
the
in
number o f
i n Barpota
and Darrang
and most of
d at o-5 o p t . 27 set
those
curtailed
snood up the
were received
lakhs)
own had
to
sec the d i s p o s a l o f
tho e l e c t i o n
geared up to
also
apparatus
claims
in
take on the uork' f Ho
also had a meeting w i t h the e l e c t i o n r e g i s t r a t i o n officers,
officers
deputy
commissioners
and subsequently
electoral officers
He said c u t
t h e r e arc over
of
and sub
and ton c e n t r a l
the 126 assembly
TIMES OF INDIA
NE.Q DELHI
16.10.85
chief
observers.
constituencies
and o b j e c t i o n s
49 c o n s t i t u e n c i e s ,
N
divisional
w i t h -the a d d i t i o n a l
10,000 claims
the
in
- 116 •L-JLJ-PT....
/ S _ FGR_ _rTp_RE
JIj"IE
The Election Commission- today virtually
redacted,
the All~Assam Students Unicn pica for extension of timo
for the-finalisation ov electoral r o i l s .
Deputy Election Commissioner V«Ramakrishnan,
dricfing newsmen after
an AASU delegation called on him
here today, reiterated that the Commission had issued
very clear instructions to the State electoral machinery^
that i t s guidelines for disposal of claims and
objections be complied with oxpeditipusly.
The delegation, which included the nou president
and( the -j on oral socrotary of the A/>5U?Mr .Kartik
Haznrika and Mr. S.Kakati, had submitted a memorandum
which demanded that viou of the largor number of claims
and objections more timo should he available to the
Stato election machinery for proper disposal of these
objections.
Mr .Ratnakrishnan told the delegation that the
Commission wanted that the ob jocticons wore disposed of
cxpcditiously considering the fact that process uas
already on for almost ?. year' nou,
On AASU complaint that doubtful documents liko
false citizanship'certificatos
had boon cosidcred
for accepting claims,fir.Ramakr ishnan said in
specific
casus of i r r e g u l a r i t i e s action would be taken so that
claims uoro not accepted on the basis of doubtful
documents*
-
11?
Flr.Ramakrishnan s;s r e s t e d
soak c l a r i f i c a t i o n s
the d e l e g a t i o n
to
from tho C o n t r o l observers and
a d d i t i o n a l CEO's uhancver me cssr.ry.
HINDUSTAN TIME
NEU DELHI
25.10.85
-
118 -
The c h l o f E l e c t i o n Commissioner,Mr .R .K . T r i v o d i
h a s convened a h i g h - l e v e l m e e t i n g of t r p Assam G o u t ;
officials
here on November 6 to discuss arrangement
for holding of elections in the s t a t e ,
Tho chief secretary to the Assam Govt., the
director general of police, the state chief
officer
doctoral
and senior officials of tho Union Home Ministry
would attend tho meet ing,fir .Trivedi said in an
exclusive interview to PTI hore on Wednesday,
The meeting would, also review tho progress of
work relating to tho preparation of the electoral
r o l l s in the north-eastern state which is a
prerequisite for conducting the poll in tho s t a t e .
While Mr.Trivodi declined to indicate the date
of the poll, ho said i t should bo possible to "moet
tho deadline of January 17" before which the now
Assembly has to bo constituted unless President's
rula is imposed.
Constitutional
requirement is that
the state Assembly has to moot within a gap of six
months since tho last session.
This period in Assam
onds on Danunry 17,1986,
Imposition of tho President's rulo in tho state
is virtually ruled out and a clear fortnight's
notice
has to be given to the newly elected members before.
('
'
tho constitution of the Assembly. As such, in a l l
probability, tho elections in the s t a t e , both for the
Assembly, and ponding L/bk Sabhn saats might be held in
0 DC emb y 1
•
r
Along u i t h
by-clcctions
13 f o r
119 -
thte e l e c t i o n s
i s Assam, a l l
pending
i n the country-sc:von f o r Lok S^bha ar.d
Assembly-would bo held , Fir .Tripod i
said.
The seven Lck Sabha scats vacant arc two from Uest
Bengal and one each from B ihar ,U P,Orissa,Rn j asthan
and D o l h i .
F l r . T r i v o d i said t h a t
about 75 par cent oT the
12 lakh claims and o b j e c t i o n s
boon disposed o f
filed
and only t h r o e
.
i n the s t a t e had
lakhs usro pending.
I n s p i t e of the enormous problem uc had to face
in
terms of the s i z e and s c r l e o f claims and o b j e c t i o n s
and tho race against t i m e , t h i n g s arc u c l l
control"
tho Ghiof E l e c t i o n Commissioner
About 2,000 a s s i s t a n t
electoral
o f f i c e r s , 68 s t a t e observers
under
said.
registration
and than c e n t r a l
arc c u r r e n t l y busy i n d e a l i n g ' u i t h the claims
objections.
' .
INDIAN EXPRESS
NEW DELHI
31.10.85
observers
and
(
~ 120 CHAPTER - V I I
SPECIAL MEASURES T0 S.IFEGUHRO THE_JMTEKESTS OF
WEAKER SECTIONS AT ELECTIONS.
On receipt of complaints of physical
.assaults and prevention of members of ugaker
sections from voting, the Commission wrote to the
Chief Electoral Officers'of All States and Union
Territories to'/adhere strictly to its earlier
instructions on setting up of polling stations
in colonies, inhabited by ueakar sections
irrespective of the number of electors , to
enable the members of weaker Sections to cast
their vot(es freely*
The circular letter issued
by the Commission is appended.
-121 ELECTION CCPK'ilSSION OF
INMM
Nirvachan Sadan,
New J e l h i - 1 1 0QU1
No. 64/85/
Hated 8th October,
1-385.
To
The. Chief Electoral Officers of all
States and Union Territories.
Sub:-
Free and fair elections - Special measures
to safeguard the interests of weaker sections
of the people.
•• • • •
Sir,
I am directed to state that it has been
brought
to the notice of the Commission that in
certain States members of Scheduled Castes were
attacked and injured during the last Lok Sabha
Elections held in 1984 and they'were prevented from
voting.
It has always been the endeavourôf the
Commission to ensure "free and fair poll and the
Commission had been taking special steps to enable
members of Scheduled Castes and other u/eaker sections
of the society to exercise their franchise without
fear.
Under Commission's instructions as contained
in Chapter II — paragraph 1(d) of the Hand Book for
Returning Officers, 1384 Edition, the District
Election Officer/Returning Officer is to set up
- 122 polling stations in colonies inhabited by the
members cf Scheduled Castes and other weaker
ssctions of. the society, even thuugh the number
of voters may be less than SuC' If these
instructions had. been faithfully carried out,
i.e. by identifying such Sensitive areas and.
providing separata polling stations well in
time, therms would not have been any scope for
the
weaker sections to stay away from voting for
fear of attacks and assaults.
I am therafcre,
to request that the above instructions may
be once again brought to the notice of all the
District Election Of ficars/Returning Of fib sirs" " ...in your State/Union Territories . for strict
compliance*
This facta.r may kindly be kept in
view at the time of next raviau of the existing
polling stations.
A statement showing details of
the spoiling stations located in loGalities/
Easties inhabited predominantly by members of
Scheduled Castes and other Weaker sections of
the society may please be sent
to the Commission
as and when lists of polling stations are drawn up
in connection with any future general/bye-electiun
in your State/Union Territory.
Tha receipt of this letter may kindly be
acknowledged.
Yours faithfully,
Sd/(R.P.OHMLLH)
SECRETARY
- 123 -
CHAPTER ~. VIII
Press repc-rj^s^pn_elections and . political systems
of foreign countries and other, matters of interest
During
the month of October, 1985, Press
reports, editorials and articles on elections and
political systems of foreign countries and other
matters of interest appeared in the press.
The /
press reports, editorials and articles which'are
considered of special interest are being reproduced
in full in the following pages*
8,10.85
Indian Express,
New Jelhi.
10.10.85
*
Deccan Herald,
Bangalore.
Defeat of Socialists
in Portugal election?
*
Defeat of Socialists
in Portugal elections
15.10.85 .
Hindustan Times,
New Delhi. ,
HQgarding elections
in Belgium.
30.10.85
Statesman,Jelhi.
Regarding re-electior
of Ivory Coast,
President who secured
valid votes.
- 124 S OCI A LI SIS:,O EFEAT ED I N PORTJUGA L ,,ElECT I u US
Portuguese Socialist campaign leader,Mr.Antonio
Aimerida Santos admitted defeat by the Social Democrats
on Sunday in a general election considered crucial for
the country as it prepars to enter the European
Community next January,
'
Ue have lost a battle, but we have not lost the •
war,'
he said in a television interview.
He congratulated new Social Democratic leader,
Mr» Anibal Carvaco Silva on his victory.
Another Socialist leader, Pte. Antonio Campos,
blamed the Socialist defeat on the tough austerity
programme during the tuo-year Socialist Social Democratic
coalition u-hich collapsed last 3une over differences
on economic policy.
Mr.Campos said the election results would make
it difficult to form a neu government,Portugal's '
16th since an armed forces revolution restored
democracy in 1974 after nearly half a century of rightwing dictatorship.
An impressive performance came from the newDemocratic Renewal Party(PRD) formed by supporters
of the outgoing president,Mr.Antonio Ramalho Eanes,50
who steps down in January after 1Q years in office.
in
Computer predictions put the neu party^/fourth place
after the Social Democratic, Socialists and Communists,
overtaking the Christian Democrats.
'- 125 The, PRO leader, Mr.Hsrminio Martinho, 39, expressed
his * s a t i s f a c t i o n , .while' another PRO m i l i t a n t ,
foreign minister,Mr.Medeiros
former
Ferreira, said that
if
Mr.Eanes had been able to campaign the PRD would have
won a- majority.
n
it
We w i l l do so i n the next e l e c t i o n s ,
he d e c l a r e d ,
Eanes i s expected to become party leader a f t e r he
leav/ss
office.
Veteran Communist c h i e f ,
the r e s u i t s
Mr.Alvaro Cunhal
hail
as "good for PDBtuguese democracy" and a
blow t o outgoing S o c i a l i s t
prime
minister,Mr.Mario
Soaras 1 hopes o f succeeding Mr. Eanes as p r e s i d e n t
in
e l e c t i o n s i n the new year*
The p r e d i c t i o n s gave the S o c i a l Democrats under
Mr.Anibal Cavaco S i l v a
between 28 and 29.8 per cent o f
the v o t e , between 23.8 and 26.9 per cent
soares
for Mr Mario
Socialists.
The communists r e t a i n e d t h i i d place w i t h
between
17*3 and 18,1 per cent and the new Democrats Renewal
Party s u p p o r t i n g
fourth with
Mr. Antonio Ramalho Eanes was l y i n g
between 1 1 * 1 . and 14.9 per c e n t .
INDIHN
EXPRESS
NELJ DELHI
8.10.85
- 126 BIG UIN FOR BELGIAN RULING PARTY
Prime Ministor Uilfriad Martens1 centre-right
coalition uon a decisive victory-in yostarday's Belgian
general elections increasing its majority by two 'to 16.
Uith all votes counted, the Prime Minister *s
Christian Social Party (C3P) won 49 seats in the 212- '
member Parliament, an increase o^f six»
Of the other coalition parties, the Uallonian
•-Liberals (PRL.) kept their 24 seats and the Social
Christians (PSC) increased their representation by two
to
2 0.
-,
• ' . . . ' • '
The Flemish Liberal party ( P M ) was the only
coalition party to lose., votes, it got 22 seats, a lass-of
six.
The opposition Socialist Party in Flanders(SP) also
won 32 seats, an increase of.-six, .and' the Uailonian
2aciali3tj(PS) kept their 35, to remain the biggest
party in the southern French-speaking half of the
country,
•HINDUSTAN TIMES
NEU DELHI
15.10,85'
- 127 LISBON AFTER THE POLLS
The outgoing Socialist Prime Minister ofPortugal,
Mr.Mario Soares, was obviously wrong in turning a blind
eye on the ,real issue- namely the unpopularity of
hi,s economic policy - which rupTJred the SocialistSocial Democratic coalition last June»
The austerity
programme which characterised that economic policy .
failed politically because tho people perhaps came to
associate the severity of such policy, with Socialism
while parties to the right off the centre took full
advantage of the popular misgiving.
It turns out that
Mr.Soares's one time partner in. power and Social
Democratic loader Anibal Cavaco Silva played his card
wall enough to gain a 9 per Cent load in votes and
30 more seats in parliament over the Socialists.
The few remaining seats that are still undecided will
not alter the picture substantively.
The Swing is very
definitely to the right, so much so that even the hardco,8 support for the Communist- Party has. eroded down to
about 15»5 (per cant compared with the newly formed
Democratic Renewal Party's 18 Per cent.
Ironically for
Mr,Soares, tha PRD, formed by supporters of President
Eanes, is now poised for a crucial role in the 250membar parliament of the country. Mr, Soares had
apparently bean aspiring for the office of the President
as Mr.Eanos's ten-year term was to end in January
next year.
The defeated Prime Ministarnow must live
with the fact that it is precisely because of the
emergence of the PRD,with 44 seats in parliament, that
- 128 the Socialist Party has lost its traditional position
as the country''s largast pirty.
-
Tho loss sufferad. by thg Socialists does not,
however, promise to bring Portugal a more stable
political order.
A-combination of the Social Dsmccrats
and the Christian Qemacra.ts. would not produce even a
simple majority in parliament.
The volatile political
scene of the country, which witnessed the return of
democracy in 1974 -after nearly half a centyry of right
wing dictatorship, is not likely to charge even if it
could be assumed that the Social Democrats leader,
Mr.Silva's bid for a right centre coalition might
meet with an immediate success.
The basic fact of the
Portuguese party system is that opposition to the left
is not much of a common ground for the different parties
to work unitedly; What stand the new PRD will take on
the question of Partugal's proposed,entry into the
European Economic Community next year may» f° r example*
remain anybodyfs guess for some time.
The uncertainty
factor may well deminate the new alignment of forces,
both on the right and the left, in the next Portuguese
parliament*
OECCAN HERALD
BANGALORE
10.10.85
-
123 -
100% VOTE FOR IVORY COAST PRESIDENT
I v o r y Coast's 80-yaar
old President F e l i x
Houphouat
Boigny has been ra-elsrctad- by 1 C0$ o f those who voted •
i n l a s t Sunday's g e n e r a l . e l e c t i o n , i t
uas announced hare
y e s t e r d a y , r e p o r t s AFP,
The I n t e r i o r / M i n i s t e r ,
Mr .Leon Kenan K o f f i
the r e s u l t showed t h a t the Uest A f r i c a n S t a t e ' s
people were'* f e e l i n g - more committed 0 t o the
and . " Q r o t e f u l
STATEMAN
NEW DELHI
' •'
30,10.85
.
President
for the Immense achievements}!* o f
25 year regime•
said
his
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Documentation
Monthly
• VL
Election Commission of India
C O N T E N T S
-^—«_~—
CHAPTER - I
Page
'
Books and Articles
4
- 17
18
- 42
43
- 46
47
-
57
58
-
68
69
— 76
CHAPTER -II
Notes on judicial decisions in
election matters.
CHAPTER -III
Cases of disqualifications.
CHAPTER - IV
Disposal of election petitions.
CHAPTER -V
Vacancy Statements.'
CHAPTER - VI
Commission's views and pressstatements on certain aspects of
elections.
CHAPTER, -> VII
Recogîticn/Registration of
p o l i t i c a l parties under Election
Symbols(Reservation and Allotment),
Order, 1968,
7 7 - 8 2
CHAPTER * VIII
Alleged defection of Shri Kamalnath
Thakur, a member of Bihar Legislative
Council-Decision of the Chairman,
Bihar Legislative Council.
83
-
87
CHAPTER - IX
Foreign Election-Elections in
Suedan.
8 8 - 9 3
CHAPTER - X
Press reports on electiongand
political systems of foreign
countries and other matters of
interest.
9 4 - 9 9
CHAPTER - XI
Or. Ambedkar Memorial Lecturs
delivered by Chief Election
Sh r i R.K.Trivedi,
100 - 167
JTPT
163
-
172
182
-
187
44 | j^cil 2 j f
\\\t(i
fun 3rrffer Po^y?
r
»
The Documentation is intended to acquaint the
Officers and staff of the Commission and the Chief
Electoral Officers and their staff uith articles on
current political issues published in Periodicals/
Newspapers, received in the Commission's Library,
Development in the field of Electoral Law and
Procedure, Progress in the disposal of election
Petitions, judicial decisions thereon* Commission's
decisions on questions as to disqualification of (
members t o either House of Parliament or of the
State Legislatures and Bye-elections to both Houses
of Parliament 3nd State Legislatures.
Besides the usual chapters, this issue also
contains the Dr. Amb^dkar Memorial Lecture delivered
by Chlaf Election Commissioner,, Shri R»K, Trjyadj
and Special Chapters on "Recog-..nition/Registratio.n
of P o l i t i c a l Parties under Election Symbols(Reservation
and Allotment) Ordar, 1968", Âlleged defection of
Shri Kamalnath Thakur, a member of Biha* Legislative
Council - Decision of the Chairman, Bihar Legislative
Council" and " Foreign Elections -» Elections in Sweden11!
•
•
•
#
•
#
i
- 4 CHAPTER -. rI...
BOOKS
AND, ARTICLES
A few hneks have fceen added to the Library of
the Election Commission.
The details of the books
are given in Annexure-I.
A number of articles »n current political
issues and other matters of interest appeared in
various perindicals/neuspapers which were received
in tho Commission's library during November, 1985.
A list nf such articles as are considered to lie «f
special interest is given as annexure-II.
ANNEXURE-I
TITLE
PUBLISHER
Prophecies Df
iM ortradamus.
London,Corgi,1384
International Who's
Who-of Intellectuals.
Vol.-- I/I.
"
Cambridge:
International
Bioaraphical Centre,
1985.
Montgomery,
Ruth
Threshold To
Tomorrow.
New York,
6allantine,1984.
Sorabji,
Soli & others
Cover nor: Sage or
Saboteur.
New D. ; lhi,Roli,
1985.
AUTHOR
Cheetham,
Erika
ANIMEXURE-II
AUTHOR
TITLE
A. £O_R
AND POLITICS
REFERENCE
(a)
Anderson,
Harry &
• t her s .
NewsueeKNovember
A Snap .Election..
18,1985, pp. 31-32,
Reg. the forthcoming
Presidential and VicePresidential elections
in Philippines..
Kunju:
Commonwealth With
nothing common.
Caravan: November 2,
1985, pp.
27-29.
Moody,John.
No Strength In
Numbers.
Rfig. elections in
Poland.
Time:October 28,
1985, p. 28.
Reed,J.D,
The PhilippinesRunning Like An
Underdog-.
Time:November 25,
1985, pp. 18-20...
On the forthcoming
elections in January,
1986.
Russell,George "I'm heady, I'm Ready".Time:November 18,
1 9 8 5 pp
R:,g. the forthcoming
' * ?5'28'
presidential and Vicepresiden-tial elections
in Philippines secheduled
f,or January 17,1986.
(b) _Neu
- Perera,jehan
Solution In Federalism: The Statesman:
Tamils'Place1 In Sri
Delhi, November 2,
Lankan Polity. .>.„
1985, p.6.
11• • • l /
—7 —
REFERENCE
TITLE
AUTHOR
Editorial
Marcos' gamble.
Reg. presidential
election in Philippines
scheduled to be held in
January next.
. Indian, txpress:
New Delhi,November
5,1985, p.6.
The Hindustan Times}
Nsu Delhi,November
6,1985, p.9.
Editorial
Harcos On T r i a l .
Patra,Saral
Banglaiesh:Clearing
decks for p o l l . '
Gandhi,
Rajmohan
Sri Lanka;Tamils,
Muslims and "hostages"
Indian Express:
New D.-jlhi, November,
18,1985, p.6.
Bhutan!,
Surendra
The Polish
National Herald:
New Dolhi,November
20,1985,p.5.
Chopra,Pran
Fateful days in
Pakistan-I.
Indian Express:
New Dalhi,November,
25,1985, p.8.
Chopra,Pran
Fateful days in
Pakistan-II.
Indian Express:
New Dglhi,November
26,1985,p. 6. ;
the
tlections
Reg. the political
situation in Pakistan,
B
•
Patriot;New Delhi,
November 12,1985,
p.4.
/
AN ÊLECT I D N S A N D POLIT
(a) Magazines
Anita Pratap Dilemma in the South.
Sunday:November
10This is a report on the 17-23,1985,pp.
16.
political uncertainty
looming.large over the
three non-Congress(I)ruled states in the
South. ,
• . • . 8 /—
AUTHOR
Banerjee,
Indramil
TITLE
Assam-The Accord
Discord.
According to the w r i t e r
the formation .:,,• f a nsu
regional party - the
Assam. Gana Parishad has
led to the state being
divided by communal and
ethnic differences into
two i r r e c o n c i l a b l e camps.
Baueja,
Harinder
Is i t Peace time In
Punjab?
Keg. the political
situation in Punjab after
the elections.
Bhattacharya
Shubha brata
The Finance Minister's
ateeplechase.
The author analyses the
hurdles in the Finance
Minister's way in
rooting cut corruption
agi black money.
Caravan
REFERENCE
India Today:
November 16,
1985, pp.10-16.
Probe I n d i a :
November 1965,
pp. 22-23,25-27.
Sunday: November
24-30,1985,
pp. 18-20.
Rise ,• f Raj iv .
Caravan:November
,
This is an analysis of t h e ( 1 s t ) , 1 9 8 5 , p p . .
i4-i6.
.one year rule of Shri
Rajiv Gandhi.
Chakraborty, Will The Congress
Shyamal Kumar Break Up?
Sunday: November
3 - 9 , 1 9 8 5 , p p . 21
and 23.
Chakraborty,
Sujit
Surya I n d i a ,
November 1985,
pp. 5 - 8 .
Mizoram:Will The rebels
surrender?
Chakravartty, A Year Without Indira..
Nikhil
Sunday: November
3-9,1985,pp.1720.
ChadhurijK.C. The Political Fallout.
Reg. the Assam acc«ld.
Surya I n d i a :
Nivember 1985,
p. 4 8 .
— 9 .—
AUTHOR
Gupte,
Pranay
REFERENCE-
TITLE
IUI:November
3-9, 1985,pp,
The Challenge Of
Change.
26-2.i.
Rajiv Gandhi has activated
measures to vivify the
administration and social
structure. The writer tries
to probe whether he can
overcome the realities of
Indian politics.
GuPta,R a njit
Sunday: November
3 - 9 , 1985, p p .
the
30-31 .
Sizing Up Rajiv Gandhi.
The
writer analyies
economic and p o l i t i c a l
consequences of the
1
Prime Minister's policies
Of Mistrust. Sunday: October 2026,1985,pp.25Reg. the p o l i t i c a l sce-ne
26,29.
i n Kashmir after the
resignation of Deputy
Speaker Shri Gulamuddin
Malik, and his subsequent
joining the. Opposition
National Conference..
3ameel,Yusuf
Kashmir:Rule
Kamath,f'].U.
Do y s have a Plan For
Kashmir?
Reg. the political
situation in j & K.
Kartha,G.S.
Riding The Rocking Boat.
Reg. the political
' scene in Kerala.
Nene,Damodar, After Solanki,uJhat?
Pandit,R.V
Reg. the political
sitution in Gujarat.
Grace and faith produce
a miracle in the Punjab;
What Now?
Surya I n d i a :
November, 1985,
p. 3 3 .
Caravan:October
( 2 n d ) , 1 9 8 5 , p p . 2931.
Caravan:November
(2nd),1985,
pp..13-16.
Imprint:November
1985,pp. 30-31,
33,35-36.
Reg."the situation in
Punjab after elections..
. . . .10/-
- 10 REFERENCE
TITLE
AUTHOR
The Faces of Assam.
Pandit,
Jooshar
"For a state torn apart
by six years o,f violence
and turmoil, will the
16 December elections
usher, in peace?" The y
writer analyses the preelection scenario.
Sunday:November
17-23,1985, pp.
30-33,35.
Pandit,Jooshar Assam; The Great Divide. Sunday: November
24-30, 1985,.
Bandopadhyaya,g
pp. 28-29.
p a n
r—\
1
iI
^ ^ >.
t~t ^\
^
C\ (~\ P~
M i n o r i t i e s Front and
i t s e f f e c t on the p o l l
being held on 16th
December, ,1985 i n the
state.
Puri,Rajinder
The' Great Leap Forward?
Reg.
the recent
Indian t a l k s .
Sino-
IUI:November
17,-23,1985,p.57,
of the Prime
Imprint:November
1985, pp. 14-17,
21,23,25-27,29.
Singh Tavleen A Tale »f Tuo Governors.
Imprint:November
1985, pp. 67-75.
Sanghvi, l/ir
and Shah,
Amrita.
The S e l l i n g
Minister.
The author gives,what
according to him i s the
account of midnight
manoenvres in Raj Bhavan
that toppled Shri Farooq
Abdullah's government.
This Finance Minister is Sunday:November
Different.
24-30,1985,
The writer says that with pp. 25-26.
Shri U.P.Singh at the
helm of affairs in finance
the era of pgliticking by
industrialists is over.
C o n ».. . 11 /-
- 11 AUTHOR
JJTLE
-
Unheard m e l o d i e s
"MGR".
REFERENCE
'>
o f ,'
This i s ragarding the
Chief M i n i s t e r S h r i
n.G.Ramachandran
and the f u n c t i o n i n g of his
party•AIADNK.
Surya I n d i a :
November 1985,
pp. 4 4 - 4 5 .
/
T e u / a r i , f 1 a n j i l F!r Clean Going Unclean?
û
P- a.
u fPi
Reg. the f i r s t r e s h u f f l e
of cabinet by S h r i R a j i v
Gandhi.
Tullyârk
Operation Blue-Star-The
Untold Story.
and Oau-«b,
Satish.
Caravan: November
(1st),1985,pp.17-18,
%
'
l/arsha Rani
Caravan: October (2nd)
1985, pp. 27-28.
Shah has- no popular
support.
IUI:Ncvember 17-23,
1985, pp. 32-35.
Reg. the prospects of the
Shah government i n Dammu
and Kashmir.
(b) Newspapers
3ain,Girilal
Tragedy Of Indira Gandhi. The Times o f I n d i a :
I-An Unfair Comparison
New D e l h i , October
31,1985, p . 8 .
With Nehru.
V
Jain,Giriial
Jain,Girilal
Surendra Mohan
Tharyan,P.
Tragedy Of Indira Gandhi.
II Unresolved Leadership
Question.
\
Tragedy Of Indira Gandhi.
Ill-Decline of Corgress
Party.
Prospects of regional
politics.
Dilemma o f the B3P.
The Times o f I n d i a :
New D s lhi,November
1,1985, p . 8 ,
Tha Times o f I n d i a :
New Delhi,November
2,198.5, p. 8 .
I n d i a n Express;
New Delhi,November
.1,1985, p. 8 .
The Hindustan Times;
New Delhi,November
2,1985, p . 9 .
AUTHOR
12 -
TITLE
REFERENCE
Barman ,'Ashis
The Contours of P!T;s
v i s i t Abroad.
Patriot;Neu D e l h i ,
November 2,1985,
p.4.
Uniyal,B.N.
Continuity And Change:
A neu perspective..
Patriot:New D e l h i ,
November 2,1985,
p.4..
The author comments en
the performance of Shri
Rajiv
Gandhi during the
course of his f i r s t year
in office.
PlVs Moscow visit-Why
t h i s hullabaloo.
Patriot:Neu D e l h i ,
November 3,1985,
p.1 .
Se-thi,H.S.
P o l l Uith A Difference.
National Herald:
Neu Delhi,November
3,1985, p . I I .
Zakaria,
Fatma,R.
I n Defence Of I n d i r a
Gandhi.
Neu Delhi,November
3,1985, p . I .
Sen Gupta
Bhabani
A Year Of Living
Dangerously.
Indian Express
(Magazine)Neu D e l h i ,
November 3,1985,pp. 1 & 3.
Reg. Shri Rajiv Gandhi's
on year i n o f f i c e .
Kakati,Satis
K.
Gearing Up For P o l l s :
New Patterns of Assam
Politics.
The Statesman:
Delhi,November 4,
1985,
p.6.
The Intiia-China Dialogue: The Times of India;
Need To Define LimitationsjMeu D e l h i , November
4,1985, p.8.
»
Editorial
Uncertainty In Kashmir.
Reg. the political scene
in Kashmir.
Seth ,S.P.
India-China Relations.
Neu Delhi,November
4,1985, p.8.
Neu Delhi,November
4,1985, p.9. •
-
1 3- •
REFERENCE
TITLE
AUTHOR
Mahajan,
Lok Adalat Morality.
New Delhi,November
4,1985, pp. 9 & 13.
1
National Herald:
New Delhi,November
4,1985, p.5.
K r i s h an
Useful'exchange of
uieus.
Singh
Reg.
Prime Minister
Shri Rajiv Gandhi's recent'
unscheduled v i s i t
tu !vioscou.
Ghos h jShyama-lî
India-Bangladesh
Relations.
Neu Delhi,November
7,1985, p.9.
Editorial
Assam Elections
Indian Express:
New Delhi,November
8,1985, p.6.
Editorial
Assam Poll.
N a t i o n a l Herald,
New Delhi,November
8^1985, p.5.
•
N a t i o n a l Herald*
New Delhi,November
8,1985, p.5.
Khilnani,N.M. Centre-State relations
Editorial
Elections Ip Assam.
StThe Statesman:Delhi,
November 8,19S5,
p. 6.
Editorial
Contentious
The Times of I n d i a : *
Neu Delhi,November
8,1985, p.8.
Poll.
R e q. the forthcoming
e l e c t i o n s i n Assam.
Editorial
f
Ch«ice
I n Assam.
ReQ. the e l e c t i o n s i n .
Assam scheduled t o be
held- on December 16,1985.
Krishan Kant Why
New Delhi,November
8,1985, p . 9 .
Should Go Nuclsar. The Hindustan Times:
New Delhi,November ,
*
8,1985, p.9.
REFERENCE
AUTHOR
Editor ial
Waiting For A
Accord".
The Statesman:
Delhi,November
12,1985, p.6.
Hari 3ais inch
Strong Centre,Strong
States.
Indian Express:
New Delhi,November,
12,1985, p.8.
Kashyap,
Su bhash C .
Daua-har Ial Nehru and
Par liament.
Indian Express:
New Delhi,November
14,1985, p.6.
Menon,N.C.
Bomb:To Have Or Not
To Hav/e.
New Delhi,November
14,1965, p.9.
Noorani,A.G.
Supreme Court &
Ordinance Raj.
Indian Express:
New Delhi,November
15,1985, p.6.
Choudhury,
Anuaruddin
Assam's Other V a l l e y - I
HOLJ Sylhet Uas Lost
B t Not Cachar.
The StatesmansDelhi,
November 15,1985,
p.6.
Choudhury,
Anuaruddin
Assam's Other Valley-II
No Case For Separating
The Statesman: Delhi,
November 16,1985,
p.6.
Editor ial
Editorial
Editorial
Governors
•;~R"aj Bhavan Changes.
n a t i o n a l Changes
Editorial
"^Governor's
Editorial
"^Reshuffle
reshuffle.
of Governors.
^R e g.
the recent
r e s h u f f l e of governors
.by S h r i Rajiv Gandhi.
New Delhi,November
16,1985, p.9.
Indian Express:
i
New Delhi,November,
16,1985,p.6.
The Times of India:
New Delhi,November
16,1985, p.8.
Patriot:New Delhi,
November 16,1985,
p.4.
National Herald:
New Delhi,November
16,1985, p.5.
-* 15 AUTHOR
TITLE
.. REFERENC E
Coushisfa,Atul Rajas th^n NeuslE3tter«Mr. 3oshi Shous S ig ns
Of Intoler a n c e .
Rsg. tha expansion of
Rajasthan Council of
Ministers.
The Stat esman :Delhi,
November 16,1 985,
p. 6.
Chopra,V.D.
Significance of PFl's
visit to Vietnam.
Patrilt:iMeu Delhi,
November 18,1985,
p.4.
Sinha,Araii
Report on need for
Patriot:New Delhi,
governmental discipline. November 18,1985,
p.3 4.
Krishna Kumar
The Shillonq Accord Uhat Has It Achieved?
New Delhi, November
19,1985, p.9.
Sinha,b.K.
National IntsgrationH«u Nit T« Promote It.,.
November 20,1985,
p. 6.
Editorial
Citizens Sans Vote.
New Delhi^November^
20,1985, p.9.
RGQ«'the amendment of
tha citizenship law.
Fienon, N.C.
Selective Indignation.
Bhatnagar,
Rakesh.
Rsg» the proceedings
of the current uinter
session of Parliament.
*
The Outlines «f "Myaya
Panchayats',
Neu Delhi,November
20,1985, p.9.
Patriot:New Delhi,
November 20,1985,
p. 4. s
Raman,D.Sri
Patriot:.Neu Delhi,
( Variant Of
November 20,1985,
minirrity politics.
p.4.
Reg. the formation if
United Minorities' Front
in Assam.
Goyal,D.R.
Assam After A c cord.
National Herald:
Neu Delhi,November
20,1985, p.5/
AUTHOR
16 -
TITLE
REFERENCE
S ah ay , S .
Governor And Lau o f
Contempt.
The Stat'esman:
D e l h i , iMov/ember
21,1985,p.6.
Editoria 1
Assam Minortias.
National Herald:
New Delhi,November
22,1985,p.5.
ongress
Federating The C
.Party.
Sethi,3. D.
Reg. the need for
re-structuring of the
Congress party.
Raât,R.S.
Army Tied I n Traditions
Importance «f Selecting
The Chief.
>
*
Editorial
,• Congress (I) and,Polls.
Neu Delhi,November
22,1985, p.8.-
The Statesman:
Delhi,November,
23,1985,p.5.
National Herald:
New Delhi,November
25,1985, p . 5 .
Editorial
Assam Elections.
Neu Delhi,November
27,1985, p . 6 .
Raman,3.Sri
Pollsand P o l i t i c s of
"homecoming".
Patriot:Neu Delhi,
November 27,1985,
p.4.
0jha,A.3..
Armed Forces as Seen
i n neuspapers-I.
Patriot:Neu Delgi,
November 26,1985,
p. 4 .
Armed Forces as seen
4_n newspapers-II .
Patriot:New Delhi,
November 27,1985.,
p.4.
Ojha,A.B.
.
Rohan Sav/ing Assam's' Identity- - The Statesman:
Agreement Ignores
D e l h i , November
Economic. Needs.
,27,1985, p . 6 .
Editorial
Bombay's Han In Jaipur.
The Statesman:
Delhi,Novsmber
Re9« the appointment
of Shri Vasant Rao P a t i l 27,1985, p . 6 . •
as the Governor «f •
Rajasthan.
REFERENCE
AUTHOR
Editorial
Stakes in Assam.
r
elections in Assam.
Editorial
Sideshou To Assam.
elections in Assam and
other bye-elections,
National HsraUr
Neu Delhi,November
27,1985,p.5.
The Statesman:
Delhi,November
29,1985, p.6.
Suri,Surindar Presidential Prime
Minister-New Trend In
Indian Politics.
The Times »f India;
New Delhi,November
30,1985, p.8.
Editorial
November 30,1985,
p. 6.
Tha Contest In nssam,
- Reg. the forthcoming
elections in Assam.
•• • «
* • .»
" - 18 CHAPTER - I I
NOTES ON 3UDICIAL DECISIONS IN ELECTION MATTERS.
Under section 106 of t h e Representation cf
the People Act, 1951, the High Courts are required to
send a copy each of the orders passed by them in
election petitions.
dame
Similarly, undar section 116 of the
Act, t h e Supreme Court i s required t o send a
popy each of the orders passed i n e l e c t i o n appeals*
Gists of these orders are published in t h i s chapter
with a vieu t o acquainting readers of the s a l i e n t
p o i i t s of these o r d e r s .
This issue contains t h e
§ i a t s of 3 judgments of High Courts « two from the
High Court of Judicature of Bombay and one from
Rajasthan.
All t h e three e l e c t i o n p e t i t i o n s were
dismissed by t h e respective High Courts.
In a d d i t i o n , t h e judgments of the Supreme
Court i n tuo appeals against t h e judgments of Punjab
High Court and Patna High Court a r e also reproduced
i t full.
While dismissing Civil Appeal No. 65O(NCE)
of 1975, r e l a t i n g t o the General Elections t o the
Pu«jab L e g i s l a t i v e Assembly held in 1972 from Najitha
constituency, t h e Supreme Court has made a forceful
appeal t o Parliament t o consider the question of
participation
in election
by the employees of
public sector undertaking^v/is-a-vis Government employees
i o a l l i t s aspects and to bring forward necessary
legislation.
*"
I N THE HIGH COURT f>" ;;;.
[CATURE AT bCr-..-?-Y
(ELECTION P E T I T I O N i v J , 2 LJF 1 9 6 5 )
K h a n Yakub Y u s u f
.
-
. Petitioner
Versus —
Parubai Chandrabhan Uagh and
J28 ot iers including Electoral Registration
Officer, Returning Officer and Chief
Electoral Officer and Election
Commission of India*
. • Respondents
Through this petition, Khan Yakub Yusuf Khan,
was an elector from 67-Nasik âssembly constituency and
who had filed his nomination from 94—Erandol assembly
constituency, challenged the election of Shri Parubai
Chandrabhan Uagh to the Maharashtra Legislative
Assembly from 94-Erandol assembly constituency in the
general election held in March, 1985.
The petitioner
filed alonguith his nomination paper, a certificate
issued by the Electoral Registration Officer, Nasik
assembly constituency in which it was certified that the
name of the petitioner stood included in the electoral
roll of 67-Nasik assembly constituency in part No. 122
at 5.No. 363.
The Returning Officer did not treat
filing of this certificate as due compliance with
section 33(5) of the Representation of the People Act,
1951 and rejected his nomination papers.
The case of
, - 20 the petitioner was that filing of the said certificate
was due compliance with law.
His further contention
was that ha had requested the Returning Dfficsr to
grant him tirna to file an extract from the electoral
roll; but • his request uas turned doun.
According
to the petitioner, reasonable opportunity uas wrongly
denied to him to rebut the objection.
In the light of the Supreme Court decision in
Paru Ram Us« Spit. Prasani ( AIR 1959 SC .93) and Parada
Prasad Us. Chagan Lai (AIR 1969 SC 395) etc., the High
Court held that the provisions of section 33(5) of the
Representation of the People Act, 1951 are mandatory
and as the mode in which the Returning Officer has to be
satisfied is provided therein the candidate must
adopt that mode.
It added that filing of the impugned
certi-ficate was not a compliance with the legal provisions..
It added that the Electoral Rggistration Officer wad
not at fault in issuing this certificate instead of an
.
extract of the roll as the petitioner himself had applied
for such a certificate only.
As regards the pleading of the petitioner that
time was not granted to him to file t'ha extract and
thus
he was denied reasonable opportunity to rebut.the
objection, the High C-ourt held that in the present case
- 21 no adjournment
was necissai-y as the petitioner had
not compliad with legal provisions
which uers raquirad
to be satisfied at the time of filing nomination
papers*
This dsfect could be curod till the
of nomination.
scrutiny
The present case was .therefore, not
covered under section 36(5) of the Representation of
the People Act> 1951*
The High Court noted that the
Returning Officer had issued a memo to the petitioner
pointing out the defect although ha was not legally
bound to do so; but he did not make good the deficiency.
Tha High Court therefore dismissed the election
petition with costs.
*- el. —
IN THE HIGH COURT uF JUDICATURE MT oui'ib/.Y
(ELECTION PETITION NO. 10 OF 19b5)
rtrvind Baturao Chavan
. • • Petition r
- Versus Pladanrao Ganparao
and othars
•
Pisal
...
Respondents
The election petition was filed by Shri rirvind
Baturao Chavan, a defeated candidates, challenging the
election of Shri Madanrao Gatjpatrao Pisal to the
Maharaabtra Legislative Assembly from 262-Uai
constituency in the general oloction held in*March,
1985.
He sacured 37,231 votes as against 38,074
votes socun-rd by the elactod candidate. ,1025 votes
were rejected.
He alleged that thsrs uas improper reception of
votes
inv/alid/in favour of Shri Pisal and rejection of valid
votes recorded for him.
The counting Supervisor and
his two Assistants in each table did the work
of scrutiny and sorting simultaneously uith the result
that his counting agents could not.keep proper watch.
He claimed that 400 valid votes
favour were rejected as invalid.
cast
in
his
He alleged that
his request for recount of all the votes uas urongly
- 23 rejected by the Returning Officer although the Returning
Officer ordered recount of ballot papers in the 6th
round nt Table I before the declaration of the result*
Shri Pisal raisod objections to tho
maintainability of the election petition on the
ground that Shri Chavan did/not comply with section
81(3) of the Represeataticn of the Peoples Act, 1951
in as
rffiuch- as tho copies of the petition served
on the respondent were not duly attested by the
petitioner to be true copies of the petition and that
the petition did not contain the statement of material
facts.
No evidence was led by him to establish the
objections.
The High Court, therefore, rejected these
!
objections,
The High Court held that the counting was done
in accordance yith the provisions of the Act, Rules
and Commission's directions.
It also'upheld the
decision of the Returning Officer in- not allowing a
recount of"all the ballot papers and rejected the
request for Courts order for inspection of invali d
ballot papers and: re count of all" ballot papers,
• •
The election petition uas dismissed by^ the
•High Court vide its order dated 17.8.85.
'
:
-
24 -
IN THE HIGH COuhT OF JUDICATURE FOR RMJJnSTHaN
AT J..IPUF* BENCH, JAIPUR,
(CIVIL uiFilT PETITION NO, 892 OF 1984)
Nand L a i Sharma
. « * Petitioner
—t Versus —
1. Chief Secretary,
Government of Rajasthan,
2. Union of India.
3. Election Commission of India,
and others.
. . . Respondents
The petition uas filed by Shri Nand Lai Sharma,
uo claimed to be a freedom fighter.
It was alleged
that the Representation of ths People Act, .1951, as
amended from time to time, was ultra vires the
provisions of the Constitution particularly articles
324, 330 and 332 mainly for the following reasons.
1. The Act does not secure for the Scheduled
Castes and Scheduled Tribes the right to
enjoy the reservation of seats made for them
under articles 33Q and 332 of the Constitution
in the House of the People or in the Statex
Legislative Assemblies as the same constituencies
are being continuously reserved for "he
Scheduled Castes" and Scheduled "Tribes
throughout the Past six elections and other
members of the community are deprived of "their
right to contest from such constituencies*
- 25 2, The law permits hugs expanses to be
incurred by candidates and therefore
persons with' poor resources are
prevented from contesting elections;
and
3, Under the provisions of Chapter III
of Part II of the Met, the anti-social
©laments and undesirable citizens
are not made disqualified for
contesting elections and the candidates
are not required ta declare their assets*
The Raj as than High Court rejected all the
contentions of the petitioner and held that there
is no force in them.
Regarding Articles 330 and
332 of the Constitution, the Court held that these
article
fixed the number of seats to be reserved
for Scheduled Caste-sand Scheduled Tribes in
the
Lok Sabha and State Assemblies respectively* The
rwanner and method of allocating a reserve seat is
provided in .Section "9(1 ){d) of the DeliMtatidn
Act, 1972, and such reservation is made by the
Delimitation Commission and the Court observed that
there is nothing wrong with the provisions of the
Representation, of the People net in this regard.
As regards the contention of the petitioner
relating to so-called huge expenditure limit
prescribed for every Assembly Constituency
and Par 1 iam&fvt ary Constituancy, the Coaft held that
the limit of expervdifcure ia in fto way d|^.erinn.naroty
- 26 -
and does not deprive a poor person of his right
to
contest the election as there are occasions
when the candidates who have spent meagre amounts
have won the election. Fixing an outer limit does
not mean that a person spending lesser amount is
deprived of his right to contest an election.
Therefore, the provisions of the Act do not
curtail any right of a.citizen to contest election
because of his inability to spend the
huge amount
as per the limit kept for assembly or Parliamentary
Seat,
,
•
.
In so far as corrupt practices during the
conduct of elections are concerned, the Court
observed that there is no provision in the act
encouraging corrupt and evil practices during the
election. Rather Section 123 of the Act specifies
the corrupt practices under which election can be
challenged by means of election petition and as
such the provisions of the Act cannot be declared
• ultra-vires.
The petition was dismissed on 19.9.1985.
- 27
IN
THE SUPREME
COURT
OF
CIUIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEnL
(CIVIL)NO.7822
0 F
'
(Under a r t i c l e 126 of the Constitution of India
from the judgment and order dated 2.5.85 of the
High Court of Judicature at Patna i n
CU3C No.
1265/85).
Krishna
Ballabh Prasad Singh
-
• .
Petitioner
Versus -
Sub-Divisional Officer Hilsa-cumReturning Officer Islampur assembly
.
. Respondents
constituency and Ors,
jhe
petitioner,
S h r i Krishna
Singh and respondent
contest
assembly seat
constituency
Prasad
No. 4 S h r i Rain Syroop Prasad,
besides several other
Legislative
Ballabh
for the Bihar *-
from 197-Islampur
Mssarbly
at the General E l e c t i o n held i n the
month of March, 1985.
Shri Krishna
Ballabh Prasad
S ingh^contested as a Communist" Party Cand idate
while S h r i Ram Syaroop uas the Indian
Congress party
candidate. The p o l l
National
i n the above
mentioned constituency
took place on 2nd of
March and the counting
of votes uas taken up on
6th March.
that
after
the counting
it
transpired
at 61 booths 90% or more votes had been c a s t .
Allegations
Singh uera
of booth capturing
by
Shri
made by Shri Ram Suaroop and the
K.B.P.
- 28 Election Commission of India ordered repelling in
60 polling stations .
One of the aforesaid 61
booths namely, Booth No. 60 was not included in
the repolling as the votes cast at this polling
station were secured in reasonable proportions by
the candidates.
Rgpoll was accordingly
held on 12.3.85 and
after counting,the petitioner wa3
secured the
found to have
majority of votes namely 54,352 i.e.
274 votes more than Shri Ram Suaroop.
,
Though
Shri Ram Suaroop filed an application for recounting,
the same uas rejected by the Returning Officer and
an oral announcement was made to the effect thlt
Shri Krishna Ballabh Prasad' Singh uas elected to
the assembly.
A certificate of election in Form
No. 22 uas also delivered by the Returning Officer
to him .
Immediately thereafter, the Returning Officer
directed the Assistant Returning Officer to draw
up the fair final result sheet,
While so doing,
the Assistant Returning Officer detected that due
to some lapse, which is described by the Returning
Officer as " clerical error"-, the votes polled
at the abovementioned polling station No. 60 hadnot been taken into account uhile drawing the grant!
-
29 -
total and arriving at the' final result' of election.
«
By taking into account the votes cast at this
polling station No, 60 in favour of the above
mentioned two candidates, the votas polled by
Shri K.B..PrasaJ Singh and Shri Ram Suaroop Prasad
nou came to 54,429 and 54,858 respectively and
not s54,.352 and 54,078 as earlier arrived at
mistake.
by
On realizing this serious lapse and
the grave mistake, Returning Officer immediately
wrote a letter to Shri K.B.Prasad Singh explaining
to him the correct position and intimating that the
•result of the election had been urongdy declared in
his favour.
By that letter, the Returning Officer
also cancelled the certificate of election granted
by him earlier to Shri K.B.Prasad Singh and told
him that he (Returning Officer) uas making a revised
declaration in favour of Shri Ra m Suaroop Prasad,
which he eventually did. •
Aggrieved by the above, a writ petition No.
1265 of 1985 uas filed by Shri Krishna Ballabh Prasad
Singh before High Court of Patna under articles
226 and 227 of the Constitution of India, challenging
the revision of declaration of result'by the
Returning Officer. The petition uas first heard .
by a Division Bench comprising of two judges, uho
differed in their opinions.
The petition uas
theh. referred to .a third judge.
- .3 0 The High Court by a majority judgment of 2:1
dismissed the writ petition on
on the following grounds: -
2nd Play, 1985
,
1. The bar contained in article 329(b)
of the Constitution of India the
Court had no jurisdiction to entertain
any application under article 226
challenging the order of the Returning
Officer.
2. Provisions of section 66 of Representation
of the People net, 1951 were attracted
wherein it is laid down that the manner
for' declaring the result of the election
is as "provided by this Act or the rules
made thereunder". Hence all the prescribed
formalities had to be gone through accordingly
to complete the process of election. The
process of election continues till the
declaration of th.e result is made and
trie manner of Peking the declaration must
be as laid down under rule 64 of the
Conduct of Elections Rules, 1961 namely,
declaring the result .in Form No. 21C
and certifying the return in Form 21E
to the Election Commission and other
authorities.
3. a 'returned candidate' according to section
79{f) means a candidate whose name has
been published under section 67 as duly
elected. Uqtil any °f the candidate was returned
according to the prescribed procedure, the
Returning Officer had the necessary authority
tu correct his mistake.
4. The decisionspf the Supreme Court in
(1) N.P.Ponnuswami V . The Returning Officer
(AIR 1952 SC 64) and (2) Plchinder Singh
Gill A/. The Chief Election Commissioner
(MIR, 1978 SC 851) were relevant in this
case too wherein it was ruled that the word
'election' connotes the entire procedure
to be gone through to return a candidate to
the legislature.
- 31 -
/for
5. The petitioner's remedy lay in filing
an elsction petition and the Court should
not grant the relief prayed/by the petitioner;
in its writ jurisdiction.
a petition for special leave to appeal
was filed before the Supreme Court against the
judgment and order dated 2nd May,. 1985 uf Patna
High Court which the Supreme Court dismissed at
the admission stage itself by their Order dated
the 12th H U gust, 1985.
The Supreme Court has also upheld the view that
the writ petition was not maintainable in view of
the bar
under article 329(b) of the Constitution.'
The Supreme Court had observed that the
election process comes to an end.- only after the
declaration
of result of election was made in
Form 21C as laid down in Conduct of Election Rules,
1961 and the consequential formalities of sending
copies thereof to the Election Commission and other
authorities were completed.
Th e Supreme Court
further observed that the Returning Officer in the
present case had not prepared the declaration
in Form 21C and had not sent the copies thereof
to the authorities, concerned and that the mere
announcement by the Returning Officer that writ
- 3.2 petitioner namely Shri Krishm Ballabh Prasad
Singh j had been electee! and even the grant
of a certificate 'of election' in Form 22 to him
could not be of any avail to him, as the grant
of such certificate uas contemplated under
Rule 66.only after the declaration of result by
the Returning Officer in form 21C read uith
Rule 64 and section 66 of the Representation
of the People act, 1951,
The Supreme Court
has, therefore,, held that the present -controversy
could be aglitated only by an Election petition
anJ not by means of a writ petition.
The full text of,the Supreme Court's judgment
is given in the following pages.
"
'The petitioner and the fourth respondent
contested an election to the Bihar Legislative
Assembly seat from the Islampur Assembly
Constituency in March, 1985. After the .votes
had been polled, the counting of votes was
taken up. on March 6,1985. Pursuant .to
allegations made by the parties, the Election
Commission of India . ordered re-polling in
sixty stations. D n the conclusion of the
re-poll the votes usre counted and the
petitioner uas found to have secured more
votes than the fourth respondent. The
fourth respondent applied for a 'recount of
the votes but the Returning Officer rejected
the application and announced that the
petitioner had been duly elected to the
Assembly. A certificate of election in
Form 22 under1 rule 66 of the Conduct of
~ 33 Elections Rules, 1961 was granted to the
petitioner. It seems that the declaration
in Form 21C was not prepared under clause{a)
of rule 64 of the Conduct of Elections
Rules, 1961 and sent to the authorities
required thereunder. The Returning Officer,
on discovering that the ballot papers of
o-ne booth had not bean counted, took those
votes into account and thereafter issued
a notice cancelling>the election of the
petitioner and declaring the fourth
respondent to be the successful candidate.
A declaration in Form,21C was then prepared
declaring the fourth respondent to be the
elected, candidate, and a fresh certificate .
in Foi»22 was issued.
The petitioner filed a writ petition
in the Patna High Court challenging the
declaration made in favour of the fourth
respondent, A Division Bench of two Dudges
of the High Court heard the writ petition
and on a differarce between the two the
case was referred to a third 3udge of the
High. Court, The third 3udge agreed with •
the view taken by one of the Dudges of
the Division Bench that the writ petition
must fail because of the bar imposed by
clause.(b) of Article 329 of the Constitution
and that an election petition was the proper
remedy.
In this petition for special leave
against the majority judgment of the High
Court, the only question is whether the
bar enacted in clause (b) of Article 329
operates against the writ petition. Learned
counsel for the petitioner urged that the
petitioner is entitled to maintain the
writ petition and to." contend that the returning
officer had no-power.'to cancel the election
of,the'petitioner and declare the fourth
respondent elected. It is submitted that
the process of election was completed as
soon as the counting of votes was* concluded
and a certificate of election in Form 22
was granted to the petitioner certifying
that he had been elected, and therefore no
question arose of the. petitioner filing an
election petition. What is challenged, says
~ 34 the petitioner, is the declaration by the
returning officer thereafter that the
fourth respondent, and .not the petitioner
stood elected. Uo see no force in this
contention.
The process of election .set forth in
the Representation of People Act, 1951
consists of sevoral stages and towards the
end it requires a declaration of the
. . . .
result of the'election. Section 66 of tha
Act provides that'when the counting of votes
has been completed the Returning Officer
must declare forthwith the result of the
election " in the manner provided in this
Act or the rules made thereunder"*
Thereafter, under section 67 the result
of the election is reported by the
Returning Officer to the authorities
specified therein and the declaration is
published in the Official Gazette. It may
be mentioned that according to section 67A
of the Act the date on uhich the candidate
is declared by the Returning Officer under
Section 66,to be elected is regarded as
the date of election of that candidate.
NOD, as contemplated by section 66 the
declaration o'f the result of the election
must be in the manner provided by the
Act or the rules made thereunder. The
procedure for declaring the result of the
election is set forth in rule 64 of the
Conduct of Elections Rules> 1961. Rules 64
provides! .
•f64i Declaration of'result of election
and return of election. The returning
officer shall, subject to the provisions
of.section 65 if and so far as they
apply to any particular case, then (a) declare in Form 21C or Form 21D,as
may be appropriate, the candidate
to whom the largest number of valid
votes has baen given, to be elected
under section 66 and send signed
copies thereof to the appropriate
authority, the Election Commission
and tha Chief Electoral Officer; and
(b) complete and certify the return
of election in Form 21 £ and send
signed copies thereof to the
Election Commission and the Chief
Electoral Officer."
- 35 It is plain that the declaration envisaged
by the law that a candidate has been elected
is the declaration in Form 21C or Form 21Q.
The declaration in Form 21 C 'is made in
a general election and the declaration in
Form 21D is made when the election is held
to fill a causal vacancy. It is now
settled law that the right to vote, the
right to stand as a candidate for election
and the entire procedure in relation
thereto are created and determined by
statute. Accordingly, uhen section 66 of
the FtePresentstion of the People Act, 1951
provides that the result of the Election
shall be declared in the manner provided by
the Act or the Rules made thereunder, the
declaration can be effected in that manner
only. The manner is clearly expressed in
rule 64 of the Conduct of Elections Rules,1961.
There is no other manner. There must be a
declaration in Form 21C or Form 210. The
announcement by the Returning Officer that
the petitioner had been elected has no
legal status because the declaration in
Form 21C had not yet been drawn up. Even
the grant ;of the certificate of election in
Form 22 to ths petitioner cannot avail him
because rule 66 contemplates the grant of
such certificate only after the candidate
has been declared elected under section 66,/
which refers as back to rule 64 and therefore
to Form 21C, There having been no
declaration in Form 21C at the relevant time,
the grant of the certificate of election in
Form 22 to the petitioner w'ps meaningless.
Ue are of opinion thatf the process of
election came to an end only after the
declaration in Form 21C was made and the
consequential formalities were completed.
The bar of clause (b) of Article 3*29 of the
Constitution came into operation only
thereafter and an election petition alone
was maintainable.. The writ petition
cannot ba entertained, '
.
- 36 Learned counsel for the petitioner
contends that it uas not open to the returning
officer to antedate the Form 21C draun up by
him by placing on it the date on which he
originally announced the result of the
election* That is a ground bearing on the
merits of the dispute between the parties,
which as we have observed must properly
bo the subject of an election petition.
The petition for special leave fails and
is rejected.
- 37 IN
THE
SUPREME
COURT
OF
INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 650(NCE) OF 1975|.
Kirpal Singh, f'l.L.A.
. . Appellant
- Versus _
Uttam Sinoh & Another
• • Respondents
3 U. D, G E f'l E _N T
Chinnappa R^ddy, 3_.
Shri Kirpal Singh uas elected to the Punjab
Legislative Assembly from Majitha Constituency at the
general elections held in 1972.
His election uas set
aside by High Court in aq Election Petition filedby
one °f the defeated candidates on the ground that .the
nomination paper of another candidate uas, improperly
rejected by the Returning Officer.
The nomination
paper of* one Basant Singh had been rejected on the
ground that Basant Singh uas a development officer
in tha employment of the Life Insurance Corporation
and uas therefore ineligible to seek election
to the Assembly under tha Staff Regulations of the
-• 3 8
Life Insurance Corporation.
-
The High Court took the
view that if Basant Singh defied the Staff Regulations
and sought election to the Assembly he'might have made
did
himself liable to disciplinary action but that/
•• hot
disqualify him from seeking 'election to the Assembly.
So the nomination paper of Basant Singh was' held to
have been improperly rejected and the election of
Kirpal Singh'was set aside.
His election having been
set aside he appealed to this Court under Section 116A
of the Representation of the People Act.
While
admitting the appeal, this Court made an interim"'
order enabling the appellant to attend the Assembly and
sign the register, without participating in the
proceedings or voting and without drawing any remuneration.
Without meaning any disrespect to the Learned judges
who made the interim order we think that where an
election is set aside for no fault of his, such as a
corrupt practice committed by him or his agent or a
disqualification suffered by him, but on the ground that
someone
else's nomination had been improperly rejected,
the more appropriate order would perhaps be to grant
an absolute stay so that the Constituency may not
go unrepresented for no fault of either the elected
or these who elected.
- 39
Subsequent to the filing of the appeal, there
have bean three more general elections * The present
appeal has thus become wholly infructuous, indeed a
• aad commentary on the legal process;
Though the
question raised is an important one which may arise
again and again in the future we do not propose
to make any pronouncment upon it since we think the.
'matter is one which should receive
the
consideration .
.of the Parliament and suitable legislation be enacted.
Under Art. 191(1) of the Constitution a person.shall
be disqualified for being chosen as, and for being,
a member of the Legislative Assembly or Legislative
Council of a State '(a) if he holds any office of profit under the
Government of India or the Government of any
State sp'ecified in the 'First Schedule, other
than an office declaredTy" the Legislature.
of the State by law not to disguality•its
holder;
(b) if he is of unsound mind and stands so
declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has
voluntarily acquired the citizenship of a
foreign State, or is under any acknowledgment
of allegience or adherence to a foreign State;
(e) if he is so disqualified by or under any
law made by Parliament.
Chapter III of the,. Representation of the People A c t which
certainly is a law made by Parliament within the meaning
of Art, 191 (J )(e) of the "Constitution enumerates
- 4 0some further grounds of disqualification for membership
of Parliament and State Assemblies.
In particular we
may refer to Section 10 which says,
"Disqualification for office under Government
Company - A person shall be disqualified, if,
and for so long as, he- is a managing agent,
manager or secretary of any company or
corporation (other than a co-operative society)
in the capital of which the appropriate
Government has not less than twenty-five
percent share".
The clear'and undoubted object of Art. 191^1)
(a) to (e) and the provisions of the Representation
of the purity and integrity of the election process
by preventing Government or State employees from
taking part in the elections.
But then section 10
appears to confine the disqualification, in so far as
it relates to employees of Government Companies to the
'top-brass' only if such an uncouth expression ,may
be alioued to creep into the judgment of a Court. Now
of
a days the activities^/the State ara so manifold and
prolific that the State has bean forced, in the interests
of better .management and administration and in order to
further the Directive Principles of State policy, to set
up various Corporations which are but more instrumentalities of the State.-. Is the principle of Art. 191 (1 ) (a)
then to be extended to" employees of State Corporations
also by enacting appropriate laws under Art. 19i(i)(e)?
- 41 Or are employees of Public Corporations- to be treated
differently from employaes of the Government? Argi not
some of them in a better position to exert undesirable
pressure,, than Government employees? On the other hand.,
are a tremendously large number of employees of Public
Corporations to be denied the opportunity ,of being
chosen, as representatives of the People ? Do all the
considerations applicable to Government Employees equally
apply to employees of Public Sector undertakings? Is there
no distinguishing feature?,Are a large mass of highly or
moderately literate people to be denied the right to
speak for the people? Is the right to be elected, to be
confined, without meaning any- disrespect to anyone to
the professional politicians only? These are some of
the vital questions posed and which require to be
answered.,
Jhe answer should be best given by the
elected representatives of the people themselves, Ue are
not shirking the decision of these questions but our
decision can only be confined to interpration. Not so,
Parliament which can decide upon the Policy** That is
why, we recommend to- the Government to have the matter
examined by the Law Commission very early.
When a
suitable occasion arises in the future we will, of
course, deal with the matter, probably helpad iy new
legislation..
- 42 The High Court has auareded costs against the
appellant.
That was uncalled for.
that part of the order.
other questions.
Ue sat aside
uJe express no opinion on the
The appellant will receive his
remuneration for the period for which ho was elected as
a legislator.
3...
(O.Chin'nappa Reddy)
i
(OS.Ve nkataramiah)
3.
3.
3.
(U.Balakrishna
Dated: Octobor 9, 1985.
•
.
(R..B. Misra)
Eradi)
3.
3.
(U.Khalid)
- 42 CHAPTER - III
CASES ,0F DISQUALIFICATIONS
During the month of November* 1985, 14
persons were disqualified und9r section 1OA
of the 'Representation of the People Act, 1951
for their failure to lodge their accounts of
election expenses' as requirsd under section 77
of the Representation 'of the People Act, 1951
within the time and/or in the manner required
by law,
Thei names and addresses of these
persons are
appended.
The period of disqualification imposed by
tho Commission on Shri Bhola Nath Sur, Santipara
Basnbari, P.O. Dibrugarh, Assam under section
10A. of the Reprossntatidm of the People Act,
1951
vide
its
order Nu.-.76/AS-U/83(19 to 23)
dated the 7th November, 1983 was reduced from
3 years to 2 years in exercise of the powers
conferred by section 11 of the said Act vide
its- order No. AS-LA/123/83 dated 1st November,
1985.
- 44 ~
NAME AND ADDRESS OF THE PERSONS DISQUALIFIED
UNDER SE'CTTON 1QA OF THE "REPRESENTATION O F
^
PE-0PLE . -
S«No» and Name
of
constituency.
Name and address
of the person
disqualified,
______________
ORl'SSA
HOUSE OF THE PEOPLE
1 ^ Mayurbhanj
(ST)
S h r i Dashmot
Marandi,.
U i l l , Sarasposi,
P.O. Sunagodia,
Distt.Piayurbhanj, ,
Orlssa.
•
,1.
90~l/arthur
2.
90-Uarthur
3.
4.
_ _
- Z _ Z Z Z Z - - Z Z Z _3_ Z Z Z Z Z l Z Z -
'Z Z 1 - -
2
Date of
Date on which
disqu-ali- disqualificatfication. ion shall
stand removed
__».
automatically,
7.11.85
' LEGISLATIVE ASSEMBLY
'
S h r i ' IM.Krishnachar i , 7.11 .85
Ramamurthy Nagar,
. DoOp*uaninagar P o s t ,
Bangalore-36.
'
Shri Kodairasan,
700,Periyarnagar,
Babasaheb Ambedkar
Road, Bangalor e—5,
7.11.88
7,11.88
7.11.85
7.11.88
90~Uarthur
S h r i 3ayarama Gowda,7.11.85
Chikkabanaswadi,
Banaswadi P o s t ,
Bangalore~43.
7.11.88
90-Uarthur
Shri A.N.Sajeeva.
R.addy,
7.11.85
•370, Outer C i r c l e , .
Uhite f i e l d ,
Bangalore South
Taluk, Karnataka.
Contd..'.
7.11,88
- 45
1 1 I 1 ! 1 1 1 1 1 - I LI 2 - _
3
4
F1ANIPUR
1,
1-Khundrakpam
S h r i Leifanthem
Sagor,
pang ex,
fqanipur.
7.11.85
7,11.88
2 , ' 8-Lamlai
Shri,Telom Nityai,
Pungdong bam,
Flanipur.
7.11,85
7.11.88
3 . 8-Lamiai
Shri Thongam
Piuhindra Mestei,
Uangkhoi Khunou,
Manipur.
7.11.85
7.11.88
Sh'ri Prafulla,
At Kuladahani,
P»0, Naupada,
D i s t t . Mayurbhanj,
Orissa,
7.11.85
7.11.88
Shri Hahidas Nag,
At-Salbani,
g
,
' D i s t t . Mayurbhanj,
Orissa.
c
Shri Bisuanath
Murmu,
I / i l l . Hahgibhol,
P.O. Kendua,
D i s t t . Mayurbhanj,
Oris.sa .
7.11.85
7.11.88
7.11.85
7.11,88
7.11.85
7.11.88
' .
OrilSSA
1. 6-Kuliana(ST)
'
i
2, '6-Kuliana(ST)
3.
\
4,
9-Khunta(ST)
66—Bhanganagar Shri Trilochan
Pradhan,
Vill. RajUkunda,
P.O. Sanokada-nda,
Distt. Ganjam,
Orissa.
Contd...
1
m
2
_ 3,
4_
ORISSA(Contd.)
5.
135-Sund rqarh S h r i Bhramarabar
Gardia,
7.11.85
7.11.83
7.11.b5
7.11.88
l/ill/P.O.Tumulia,
Via - Gopalpur,
D i s t t . Sundargarhi
Orlssa,
6.
144-l<Qanjhar
Sh r i Gopal Naik,
W i l l . Bramhangaon,
P.O. Oharanidhar
Collage,
Distt.
Orissa.
'
REDUCTION OF PERIOD OF DISQUALIFICATION
s"~N<o.~arKi~~N~m~
pA I*., 14>,iL-nti>'.
1.
n f
124-l v largherit3
' "
âfT>Q and address
o f t h e person
disqualified.'
Date on w h i c h
disqualified,
,
Shri Bhola Nath Sur,
Santipara Qashbari,
P.O. Dibrugarh»
7.11.83
Q a te
uhic
uhich
disquali
fication
removed.
7.11.85
CORRIGENDUM
At page 65 o f t h e D o c u m e n t a t i o n Monthly -RsOctober ' 6 5
the
entry
at (1) 3-Jalpaiguri
under
t h e sub heading
Uest Benga'l regarding the, d i s q u a l i f i c a t i o n o f Shri Sitansu
Bhusan Das may be deleted and the remaining
renumbered as "1 to 7 " .
entries
- 47 CHAPTER-IV
DISPOSAL OF ELECTION PETITIONS
During, the month of November,1985, the Commission
received i n t i m a t i o n about d i s p o s a l of 14 e l e c t i o n
petitions
from d i f f e r e n t
High Courts.
Intimation
regardinf
d i s p o s a l of anappeal in e l e c t i o n matter uas a l s o received
from the Supreme Court of India*
letails
of e l e c t i o n p e t i t i o n s
filed,
disposed of
and. pending in the High Courts and appeals in the
Supreme Court following(a)General
Elections to the
L e g i s l a t i v e Assemblies held in 1977~79, (xb)General
e l e c t i o n to House of the People held in
1980,(c)General
e l e c t i o n s to the L e g i s l a t i v e
Assemblies,198i(d)General
e l e c t i o n s to the L e g i s l a t i v e
Assemblies,1982(e)General
e-lection to the L e g i s l a t i v e Assemblies, 1983, (f)General
e l e c t i o n s to 'the House of tho People, 1 984, (g )General
e l e c t i o n s to L e g i s l a t i v e Assemblies,1984 and
(h)General
e l e c t i o n s to t h e ' L e g i s l a t i v e Assemblies,1985 are
furnished
in the eight s t a t e m e n t s ^ ! to VIII)
annexed.
As on 30.11.85 418 e l e c t i o n p e t i t i o n s and 3C appeals
were pending in d i f f e r e n t
respectively.
High Courts and Supreme Court
A statement(No.IX) shewing the
for uhich_ t h e s e e l e c t i o n p e t i t i o n s in d i f f e r e n t
periods
High
Courts and appeals in the Supreme Court are pending
also annexed.
is
STATEMENT - I
J0
!\! unb e_er of election^ petitions filed, disposed o f_j_ nendi
Tn t h e_ f^,i,3.h_.C.0JiiX?.•-.3Ln..cL A£P.. B . a A s -JSi —th.e..,?jJlP.r.6.mjB jô, u .rtT*""""
.....
_..
.
-
-........—..„... - - ^
a
s o n
n
30,11,1985)
^.}iS.9^J^Jl-,^§Â^;\ P.^ JkD^Ji^.Q. J") iQ. JiP'-'tJi
'Union
F i 1 ed
T er-itory.
21
9
3 «G ihar
31
"1
5
19
74
19
28
13
1
9
6
16
18
2
8
37
1
14, Punjab (1977;
15.Hajasthan(i977)
16Sikki(i97^)
17.Tamil Nodu(i977)
IG.Uttar Pradesh (1977)
19,U e st Bengol(i977)
of
Upto" t h e '"During"the* ToTa'I
end of
month
i a s t month
I.Andhra Pradesh(i 978)
2.Asosmji970)
4.Hr P .y3nal977)
S.Him^chal Prad esh(i 977)
5.3ammuSK ashmir (1 977)
.7.Ks. r natal<a(i978)
6 .K
K le (r ai lSa 7
( 777))
g. M ad hy a Pr ad0 sh (1 9 7 7)
1G
G .H
H ah hha rt a(s ih (t r3a 7
(i8
7 )
11 .Pleghalaya(i978)
12.Nagal?nd(l978)
9 {7i 77 ))
i 3 .0, i0{i i. a
Disposed
21
9
31
7
5
19
74
19
28
13
.1
9
6
16
18
2
8
37
1
iLPr"e2
in" " t h e
lsp"S'b"ed
PenBir^yFi 1 e*d *"D
.Name of S t a t e /
- 49 -
1.D s lhi(i977)
2.Goa -Oman & Diu(i9 77)
3.nizoram(i979)
4.Pondiche rr y(i977)
TOTAL
4
1
2
2
4
1
2
2
333 333
333
4
1
2
2
'-
1
2
1
2
1
2
72
69
69
STATEMENT - I I
Number, .of .
jp.etTtio.n^
Ê
o
V P. ^ tiT"1
.No.Name of StatTe/ JîjÛjPJlJ^y.jt
Union T e r r i t o r y
__
F i l e d ........PJjsj^pjsE^ JD/~
Up to'
DurTng* ~"
t h e end t h e
of l a s t
month
_ f'io.n'th
^
_ . . . . . _ . . , . . . ^ ~ ~ . ~ ~ • • " - 5 - " 4 ••"""""
1
14
1
11
2
1
1
2
1
1
4
6
2
1
1
1
1
1
A
5
1
2
1
2
14
2
1
1
1
2
13
2
1 7,Arunachal Pradesh 1
IB'.Dslhi
2
19.Dadr3&N.Haveli
1
1
2
1
1 • An cJ n r a P r ad esh •
2.Bihar
S.Gi.'j'arnt
4 # Hafyana
5,Himachal i-'radesh
5 .3 arnm u &K a sh m i r
7,Karnataka ,
9.rladhya Pradesh
•lO.Msi-ierashtra
11.Ox i S sa
12.Rajasthan
13..Tamil Msdu
v
i4.TrIoura
15.Uttar Prsdesh
16.'uiast Bengal
59
52
-
_ Pending
Yot'a 1 ~
d
Ojôse_.
Upto the
During
end of
the
l a s t month month
Tot'aT
12
5
1
11
2
1
1
1
1
1
4
5
1
1
1
2
13
2
3
1
1
1
1
3
t
1
2
2
1
1
2
1
1
2
10
10
1
1
— 51
STATEMENT - I I I
TO
the Hiqh Courts and appears in the SfuoremV Court. '
. _ . _ , _ ._„-._..»«—»-_„»««
..._._..._._ .._...., (As on 31.11 .1 985)
Election .E_etiti_onsin ^ n e ^ ^
^ ^
Appeals
A l
in_
i tti
S . N o . N 3 m e fo State/
ôur_£
f
l
*
l
_.J^§_D-S.sed.
_gj
"'riled_ll__"*
disposed of" Per>ding
Union T e r r i t o r y . F*iled___
_ ,
Up to t h e
Du'ring" _ _
Upto the During
Total
end of
month t h e
Total
end of
the
last
month
last
months
___^
JHOiltiL,— " ^ 5 ~""~
8
11 12
9'
3
3
3
39
12
27
27
1.S ihar
1
1
1
5
4
2.G ujarat
4
1
2
2
2
8
8
8
3.K. er a la
5
5
5
23
23
Pradesh
23
4,n
1
1
1
4
4
4
5.H am bur
2
1
1
1
16
16
ahar-a'shtra •
16
6 # nr i s s a
4
4
4
2
7.0 un j ab
11
41
42
• 1
41
8.P aj as than
17
"3
20
17
2
9
9
9.R Tamil Nadu
11
17
17
17
3
5
5
'2
8
1 0 . Uttar P-radesh
27
29
27
1
1
1
1
1 1 . Arunacha-1 Pradesh
1
1
2
Goa,Daman&0iu'
12.
2
2
13.. PondichGrry
1
1
14.
37
45
37
TOTAL'
19
192
211 192
•STATJEFIENT-Iti
5iM.JiL ,JrJL£U^
Number of election petitions filed,disposed of, pending in
t h e H i_2lLjô y r j ; s a r l £ l J i P £ e a l A JJl^Jxe $MPVelTle C
S~.l\loTName of State/
Union T B r r i t o r y
^J,e
Filed
LHimachal Pradesh
12
12
12
5
2.Haryana
27
27
27
17
3.Kerala
15
14
.14
1
8
7
7
1
63
. .6.3
4,Uest Bengal
S^Nagaland
. , , . ,,_.JL
TOTAL
66
_^D_is_p_o_s_ed> pf^ _ M _ ^ ^Pending F i l e d ^ ^___
_D i s^£s e
Pending
Up to the During the T o t a l
Upto the
g* *t*he""To tal
end of
month
end of
mon t h
last
last
• month
10
3. .
4
3
15
4
3
15
4
2
2
Jl
I —V
HI
GENERAL ELECTIONS TO THE LEG ISLATIUE .ASj^riBUJj^JjJ^,'
of
election
S~,FoT"lfame o f ~S
...ULs«-°n Jty.,vlXv.
et1
Upto the
end of
last
month ___
During
month
hPJ?3M.\s i n the Supreme Cojjjrt
^ i êc'_———™J2i£E£ls e.d™9,t ..^.
E ending
--Upto th'e "Durin'g t h V To*t*a*l
end of
month
last
theTotal
1.
1 . Andhra Pr ad esh
2.Assam
3«3ammu & Kashmir
4.K arnataka
5 .Ne-^halaya
6.Tripura
7.Dp.ini
TOTAL
39
34
34
5
6
3
3
3
76
22
5
4
14
14
62
21
1
21
4
5
2
2
°..ntiL _ __
_^___
l Z ]11
£ l I I I i ~ ~~ "~.fo"-"~~ ' " i 4f
7
2
6
14
166
m
86
8 7' 7 9
16
4
4
12
STATEMENT - V I
3 f i l q d ,dispos_ed_ jrfJa_Êjndj^ng__ i n ^ M
SÛa'Mam'e' of S ta"t ef'
- Union T e r r i t o r y
Upto
During
the
the
end of month
last
month
/ • ' * C3 J- p X
•
B.Hadhya Pr ad e s h
9.Maharashtra
1Q»0rissa
11 . U t t a r Pradesh
12.Uest Bengal
1 3 .Laksh adu eep
1 4.Dacfra & N . H a v e l i
15,Delhi.
TOTAL
Filed '
DisposedJof """Pending
Upto th e IDuringTo t a l
end of
the
last
month
month
Total
.
-.™-
1
2
1r, Andhra Pradesh
2 . Bihar
3 .Guj ar at
4.Haryana
5^3 ammu&K ashmir
6»K arnataka
^..Pending
F i l e d , . . .._»JU.s41as.aR.
4
5
5
2
2
2
1
' 1
2
2
1
.1
_
_
5
~ >
'
—
—
1'
1
t
—
~
—
1
5
~
_
2
. —
_
1
1
4
50
1
15
6
5
5
1
1
2
1
1
1
1
8
6
2
1
1
1
1
1
3
12
14
36
i n i ti"iciv I
—U I i
G£NERJIJ- JELECJION IS £ O j m E ,
M3LV
8umber of election p e t i t i o n s fil_ed,dispoised of
H h ""Court
" C t and
d appeals
l
i
th
S C t
High
in
the
Supreme'Court*
_
i
• S .'|\TO*7N ame of S"tate/ ^ X § ^ . . ^ . S . ^ . . i j
_
Filed __J?JLspo.sJlct. jS.f. .
_ , Pending
Upto "'D'uVing*""""""" T o t a l '
the
the
end of month
last
'
month
J7.
1 . T am i<l f'J ad u
"
5
5
v
2.! lanipur
4
4
3.Arunachal Pradesh 1
1
4.Goa,Daman&Di_u
m
-TOTAL
1
T
12
1
1
Fi
.in_.th,
Li §LGLSJL?ii J3/
^ ,E e.n d i n g
Upto
Durinny T n F a l
the
the
month
end o f
last
month
10
"11
1.2
G_EjjE_R_AL JJ-ECllflNS_J_q, _THE LEG ISLATIVE .ASS
l
S. No. Name of S t a t e /
.El^tî
Filed
. _ _ _ _ . . , , .
-
•
•
—
«
~
^
. . . . _ _
.
^
-
S
C
. .
_ .
During
the
month
Total
"
1
1 . Andhra Pradesh
2 .Bihar
3 Gujarat
4 H imach a 1 Pradesh
5 .
6 .. fiah ar ashtr a
7,riadhya Pradesh
S.Orissa
g.Rajasthsn
10 .Sikkim
11 .Uttor Pradesh
12.Pondicherry
TOTAL
17
45
9
12
26
%6
54
8
24
2
74
1
298
2
10
5
1
2
4
25
t
.„,
- --
3
3
1
i
13
8
2
2
5
36
16
44
9
8
26
13
46
6
24
69
1
262
-
the
-
ij\_y-jj3 n
Co*urT.~
Pen"d*in*g
Dispo s ed
of
Upto" the Dur ing
end of
the
last
mon th
month
'*9 ' " "
11 1.2
. P e t i t ions.,in_th e H_ig_h Court.
Disposed of
Pending Filed
Llpto t h e
end o f •
last
month
"•~a
^
STATEMENT-IX
p e r i o d s f o r uhiph .eje
^ I t i g ^ s _irx, ,t_h e, JjJ,Q,h, Jd2jiEJL§. and appeals i n
S e m s C j 3 u r t a r d i
Name of S t a t e /
Less than 'Between
Between Between Over
a year
1_-2 j£ear_s 2-3years 3-4vears 4ve,ars
Andhra Pradesh
Assam
Bihar
Gujarat
Haryana
HitnachalPrndesh
3 ammu&K ashmir
Karnataka
Kerala
riadhya Pradesh,
Maharashtra
5
2
2
1
49
10
1
8
2
27
47
14
4
Manipur
5
3
fleghalaya
Nag aland
7
Rajasthan
Sikkim
Tamil Nadu
24
""
Tripura
Uttar Pradesh
Uest Bengal
Arunach alPr ade-sh
Delhi
Lakshadueep
Mizoram
\
Goa,.Daman&Diu
Pondicherry
Dadra&N .Haveli
TOTAL
6
1
3
'1
lei
1
17
BT
Of
25
'
~ 58 CHAPTER - V
yHgMCY
At t h e j n d
STATEMENT
o f November, 19G5, t h e r e
existed
21 vacancies i n t h e H-use o f People and 4 vacancies
v
in the Cpuicil of States.
In the Legislative
Assemblies of various States, there existed 18
vacancias whereas in the Legislative Councils of
various States,' there uere 134 vacancies. A statement
showing details of vacancies is given in the following
Pages,
-
59 -,
ABSTRACT -
I
Total number of seats in Council of States
.and Legislative Councils and
(As on 30.11.85)
S'.fJoT "NafneôT S"ta"te"/"~ C'ou'nc'iT "ofSt-atea
LecTis'la'tXvB' C'ou'nc'il
Union
Total
Vacant . T o t a l
•Vacant-'''
_
_ LeTTLf-2.Tl*^
_> j.C
R
C
R
__1~ _ _ I _2
3"
T4
5__ __~_6
1
G_
1. Andhra Pradesh
2. Assam
>.
3. Bihar
4 . Gujarat
5. Hary.gna
6. Himachal Pradesh
7. Jammu & Kashmir
8. Karnataka
9. Kerala
10. Madhya Pradesh
11. Maharashtra
1 2 . Manx pur
1 3 . Fleghalaya
.14. Nag aland
15. Drissa
16. Punjab
17. Rajasthan
18. Sikkirn
19. Tamil Nadu
'20. T r i p u r a
2 1 . U t t a r Pradesh
2 2 , Uest Bengal
UNION TERRITORIES:
10
7'
22
11
5
3
4
12
9
16
19'
1
1
1
10
7
10
1
18
1
34
16
1.
2.
3..
> 4.
5.
6.
7.
0..
9.
1
,1
~
3
«
1
1
Andaman & N. I s l a n d
Arunachal Pradesh
Chandigarh
Dadra & N. H a u e l i
Delhi
Goa,Daman & Qiu
Lakshadw.sep
Flizoram
Pondicherry
Total;
232
—
1
-
«1
1
~
-
3
-
'- ' 96
—
-,
„
1
36
63
-
~.
1
«
• -
- 7 8
—
~
*
63
~
«
1
1
8
« . _ . * .
_ ' . » • .
-
100
~
-.
~
~
—
-,
444
-•
34
—
«
8
21
. -
x
'
«
«
1
*
~
«••
«
21
-
39
- -
«.
-
»_
-
-.
—
-,
-.
—
-,
-
3
131
C~ = rJas'ua'l^vac'aincTes",
" ""
"
"
.""
R « Vacancies d U e to retiremant.
ND: Details of vacancies are shown in the enclosed statement
~ 60 ABSTRACT -II
Total number of seats jn the.Houso of the People
and State Legislative Assemblies and vacancies.
(As on 30.11.85)
HT.
1.
2.
3.
4.
5.
6.
7.
G.
9.
10,
11.
12.
13.
14.
15.
16,
17.
1&,
19.
20.
2$.
22.
1.
2.
3.
4.
5/
6.
7.
8.
. Name~of 5tate/ITcUse of People" ""Leg
g i s l a t i u a AsssmTily
Union
T o t a l Vacant
Vacant
Total
42
Andhra Pradesh
Assam **
14
Dihar
54
Gujarat
26
10
Haryana
Himochal Pradesh
6
Dammu & Kashmir
20
Karriataka
20
Kerala
40
Fladhya Pradgsh
40
Maharashtra
,
2
Fianipur
2
Neghalaya
1
Nagaland
21
Orissa
13
Punjab
25
Rajasthan
1
39
Sikkim
2
Tamil Nadu
85
Tripura
42
Uttar Pradesh
Uest Bengal
1
UNICJiM TERRITORIES:
Andaman & IM.Islands 2
Arunachal Pradesh
1
Chandigarh
1 '
Liadra & N. Haueli ,
7
Delhi
1
LakshadueeP
2
Goa,Qiaman & uiu
Plizoram
i
h TOTAL:
, 542
14
2
294
126
324
1G2
90
>50
76*
224
140
.320
280
60
60
50
147
117
200
32
234
60
425
294
2
1
2
1
1
1
2
1
-.
2
30
55@
30
30
21 .
3997
18
* Excluding"™24". s"eats" e'ar'-liia'rksd' "for P'akXst'an' o"cc"u'p"iQ'd' TFrritor>
** Assembly was dissolved on 16.0.1985.
•% Pletropolitan Council Constituencies. . •
ND:_ Details of vacancies are shown in statement enclosed.
Vacancies i n Parliament and State Legislatures.
(A3 on 30.11.1985)
Name of State
No. of
seats.
vacant.
No. and Name of:
constituency*
Cause of
vacancy.
Oate of
vacancy.
Date of
poll.
. 10.11.04
3.12.35
COUNCI-L OF STATES
DY RETIREMENT
1. Jammu & Kashmir
1
By membgrs
CA SUAL VACANCIES
1. Gujarat
1
.&/ members
Regn.
25 .11.05 "
2, Uttar Pradesh
1
L-y members
Reg n.
14 ,5 .85
3,12,05
3. uJ e s t IBengal
1
By members
ijaath
27 .1 0,05
3.12.05
-
HOUSE OF T.HE PEOPLE
1. A s s e m
if
14
A l l the 14 seats
v a c a n t.
art-1
31 .12.04
.
16.12,05
election n«t
held.
/
s
2. Bihar
2
>/23. K i s a n g a n j
Uanka
Death
Reg n .
2. 7. 05
0.-11 .05
15.12.05
1G.12.05
3. Orissr
1
5, K i n d r a p a r a
Regp.
25 a iJ .05
16.12,05
4. Raj asthan
1
3. Churu
Death
22 .5 .05
16.12.05
5. Uttar Pradesh
1
5. . G i j n p r ( S C ) .
Death
15 .5 .05
16.12,05
6, U G st Iiangal
1
Death
5..5. 05
1G.12.G5
7. Dêlhi,
1'
Death
31 .7.05
16,12.05
~ ^ . .Go1pur
2. South Delhi
Contd...
Remarks
LEGISLATIVE COUNCIL^
1. Dinar
34
Ratn a L.A. -.
Retired
Nalanda L.A.
Gaya L.A.
Aurangabad L.A.
Nauada L.A.
Dhojpur L.A.
Rohta3 L.A.
Saran L.A•
Siuan L.A.
Gopal Ganj L.A.
East.Champpran L.A.
West Champaran L.A.
Fluza f farpur L.A.
U a i s h a l i L.A.
Sitaraarhi L.A.
Darbhanga L.A.
Fladhubani L.A.
Sarnastipur L.A.
nonghyr L.A.
Begusarai-cum—
Khagaria L.A.
Chajalpur L.A,
Purnea L.ri.
K a t i h a r L,A.
S a n t h a l Parganas L.rt.
(2
|
Giridih L . H .
Ranchi L.A.(2 seats)
palamau L.A.
Dhanbgd L.A.
Singhbhum L.A.
(2 s e a t s )
Madhepura L.A.
11 members
Retired on
on 6.5.70,
1.1 .members
ratirgd on
31,5.bO and
13 members
retired on
6.5.02.
(Members of
constitute the
electorate of local
authorities
constituencies), is
awaited from the
Chief Electoral
Officer.
-
I I J1V_
2.3ammu &
Kashmir
63 *•
-.1
0
3. Karnataka 21
Oy MLAs
(Tahsii Kargil)
(1 seat)
Retired
Dammu province
(4 s Q ats)
Retired
Kashmir Province
(3 seats).
Retired
Didar L.A.
Gulbarga L»A.
Dijapur L.A.
Delgaum L.A.
(2 seats) .
Uttara
Kannada L.A.
Dharuad L.A.
(2 seats)
Raichur L.A.
Dellary L.A,
g
Shimoga L.A,L.A.
Dakshina -
Retired
Chickmagalur L.A.
Hassan LoAt
.Tumkur L.A.
flandya L.A.
Bangalore L.A.
Kolar L.A.
Kadagu L.A.
Mysore L.A*
5.9,04•
11.9.04
retired on
1.7.70,
7 .members
retired orr
14.5.00 and
7 members
retired on
11.6.02.
Certain local, bodies
yet to be consfcltutad,
Z~2I2*;-:'Z-ZOL!%
4» Waharashtra
8
Naaik UA.
Pune L.A»
Osmanabad-currH*
Latur-cym Deed
Aurangabad L.A
Parbhahi L.A.
Raigad-cumS i ng h du rg-cii mRatnaglri L.A.
ii
'Retired.
Retired
7.7.02
27,6.84
Qua to non-BXistance of
local bodies biannial
elections can't be held.
—do—
Satara L
Amrayati
5. Tamil Nadu
21
Chengalapattu LA
Retired
21.4,74
Reconstitution of tha
Madras Corporation(the
members of uhich
i3 awaited.
.
Retired
21.4.76
ReOanstitution of local
bodies awaited.
Retired
21.4.70
Nilgiris L.A.
(2 seats)
Wadurai L.A, .
(2 seats)
Tirunaueli L.A.
(2 seats)
North Arcot L.A«
(2 seats)
South Arôt L.A,
(2 seats) Tirunchirapal'ly-
pu
(2 seajfcs)
Kanyakumari Li A.
—do*-
- 65 -
Tan.il Nadu(Contd.
6. U t t a r
Pradesh
Thgnjavur L.A.
(2 seats)
S a le rn—=.• ha r a mpu r
L. A. (2 seats)
i"; a ma na t ha pu r a m
L./i, (2 s s a t s )
39
T e h r i Gartiual 1;.
Garhual L.a.
Kumaon L.A'.
Ploradabad-Lij nor
L..U
KampurL.areillay L.a.
bailaun L.A.
PilibhitShahjehanpur L-«H
Hardoi LoA.
K h e r i L.A.
S i t a p u r L.A.
Lucknû-Unna L . H
Rae L a r e l i L . M .
Pratapgarh L.A.
Sultanpur L.A.
Car3 [ a n k l L.A.
Gahraich L.A.
Gcnda Li A.
FaizaLjad L»A.
L a s t i L.A.
Gorakhpur L.A,
Deoria L.A,
AZamgarh L . H .
p l l i a L.A.
hazipur L.A.
Hatired
21.4.U0
Local
r e t i r e d on
5 , 5 . 0 0 and
13 members
r e t i r e d an
5.§,u2.
iorj
bodies
of
-
65 "" **." 4
~2
1
Uttar
)
Pradesh(
3atinpur L.A.
Varanasi L . A .
BirZapur L.A.
Allahabad L.A.
Danda-Hamirpur
L.A.
3h.ansi-*3alaun—
l a l i t p u r L.A,
Hetir
26 members
r e t i r e d on
5.5.00 and
13 members
r e t i r e d on
5.. 5. 02.
of
local bodies
awaited.
Fatahpur L.A.
Etauah—
FarruKhabad L.A.
Agra L.A.
Mainpuri L.A.
(2 seats)
Aligarh L.A.
Dulandshahr L.A,
Weorut. Ghaziabad L.A. ;
Muza f farnagar—
Saharanpur L.A.
CASUAL VACANCI ES
1 . 3ammu &
Kashmir
2.
:
Maharashtra
3. T a m i l Nadu
1
By Kashmir
Panchayat
Regn.
11*6.03
1
Dy I'lLAs
Death
in.10.05
Regn.
24,11,65
1
Madurai—
Ramanathapuram
Teachers'
Constituency.
-
Panchayats in Kashmir
province have not
. been constituted.
•- 6 7
-
"" T ~ ~ " " 2
•LEGISLATIVE ASSEMBLIES
1. Cihar
111-j Kisanpur
Death
Death
0.5.05
C.4.85
16,12;05
16.12,05
140- Sayajiganj
Death
24.9.05*
16.12.05
ReQn*
20.9.05
9.9.85
2
2. Gujarat
1
3« Haryana
2
14-Zlundla
63-Dh.adra
48-Qoda
4. Jamrrm &
Kashmir
Declaration dated
10o4.03 of result
uas cancelled and '
repoll ordered in
16 polling stations
vide Commission's
order dated 22.5.03.
The Commission's order
datad 22.6.03, cancelling,
the RO's declaraticn of
result and direction of
rspoll in 16 polling
statir:ns uas stayed by
3 & K High Court on
29.6.03 in writ petition
No,. 291/03. On appeal by
the Ca.r^jission the Supreme
Court, vacated the High
Court's stay order on
19.7.03, and directed the
High Court to dispose
of the writ petition
expaditiously. The High
Court decision in the writ
petition is still awaited*
5* Karnataka
1
115-Chamaraja
Death
14.11.05
23.1.06
6. Kerala
1
lll-Ranni.
Death
22.3.15
23.1.06
-
60 - ~5
^&C~ mm •*•*
7. Maharashtra
4
'•). Tamil Nadu
1
1 C, Liast Oengal
2
11. bolhi
1
177-Signapur
271-S.a.ngli
253-3aoli
15l~Armori(ST)
Death
Regn.
Death
- Election
-declared
Moid,
' *
• !•
m^
3.9.85
19.11.B5
120,1*1:85
30.11.85
16.12.05
30-Oullundur
North
Death
28.9*05
16.12.05
31-aullundur
Central
Death
20
• 9.05
16,12.05
50-Cheyyar
Death
9*9 . 8 5
15,12.65
220-NamertsC)
Regn.
7.6 .05
6.1 1.05
16.12.05
15.12.05
Daath
4.9 .05
16.12.u5
2-Luxmibai
Nagar
• Metropolitan
Council.
The poll uas countermanded du8 tc death
of candidate on 7,9.05
during the general,
elections to Legislative
Assembly of Punjab.
— do—
- 59 CHAPTER - VI
COMMISSION'S, VIEUS ON DIFFERENT ASPECTS OF
ELECTIONS,
"
,.
The programme to hold simultaneous
elections to 14 Lok Sabha and 126 Assembly
seats in Assam
on 15th December, 1985 uas
announced by the Chief Election Commissioner
on 6th November, 1985.
The programme to hold
pending bye—elections to 6 Lok Sabha seats
and eleven assembly seats in the various
Legislative Assemblies as also election to one
seat in the Delhi Metropolitan Council, was also
announced on that date.
Later, two assembly
bye-elections from Haryana and one from Kerala
were postponed by the Commission.
The relevant press-clippings reporting the
' announcement and postponement respectively of
tho above mentioned elections are reproduced
in full in the following pages.
-
70 -
ASSAM ELECTIONS ON DECEMBER, 1G.
Elections
Sabha
state
to th >
: 14 seats
from Assam and the
assembly w i l l
pollinq
on-December
i n the
126 seats
ba held
in
16.
C h i e f E l e c t i o n Commissioner,
situation
holding
i n Assam when the
the Assam C h i e f
by the
R.h.Trivedi,
review
of
feasibility
present.
The C h i e f
Election
the
Mrs. P.P.
Commissioner
pending
and
Trivedi,
also
bye-elections
Lok Sabha seats and 11 assembly seats
of
of
Mr. R.Pradhan,
Secretary,
were among those
rest
the
i n the s t a t e was c o n s i d e r e d .
Th e Union home S e c r e t a r y ,
announced t h a t
Mr.
an h o u r - l o n g
elections
the
in a singls-day
The much—awaited announcement
came today a f t e r
Lok
the c o u n t r y as w e l l
to
in
as one seat
six
the
in
the
D e l h i M e t r o p o l i t a n C o u n c i l would be held
simultaneously
December
the
polling
i n Assam on
16.
The two
been caused
M.P.
with
bye-elections
by the death o f
i n D e l h i have
Mr.
Lalit
Maken, Congress
from South D e l h i and Mr. A r j u n Das,
Congress
member o f the
Metropolitan
from Laxmibai Nagar, who were s l a i n
Council
by
terrorists.
- 71 -
Tho
-election to tho nssam assembly was
not due yet —# the last election having bean held
in February, 1983 - but the assembly was dissolved
on August -18 last in terms-of an unwritten
agreement between the Centre and representatives
of the All Assam Students Union,
The election to the Lok'Sabha seats from
P-ssarn and Punjab were not ha Id in December
last year when the country (jent to the polls. In
Punjab, it was due to the uncertain law and order
situation, and in Assam according to Mr'. Trivedi,
owing to a commitment made by the Election
Commission t:. tha Supreme Court that election in
that state would
be held only after an intensive
revision of the electoral rolls.
The revision had
not been completed by December last.
The Chief Election Commissioner told ~ieusmen
that the final electoral rolls, which had been
intensively revised through house"-to-houso
enumeration, would be published tomorou u'hen the
commitment to the Supreme Court would be fulfilled,
rir. Trivedi also announced that the
three vacancies existing in the Rajya Sabha from Jammu and Kashmir, U,P. and West "
would be filled through bye-elections i<
i
— 72 'December.
He, hcuevar* could not announce
the dates because the polling would depend
on the assemblies in these states being
convened.
Ths elections in Assam uill be the
culmination of the six year long agitation
launched by the All Assam Students Union
against "'foreig ners" in the state towards the
latter stages of tho 3anata rule at the Centre.
Two attempts made hitherto to hold .elections
to the Lok Sabha seats from the state had
failed.
In the 1980 general election candidates
u/bro able to file their nomination papeas in only
two of the 14 constituencies.
Only these tuo
constituencies, in Cachiir, uere able to sand
their representatives to Parliament. In 1983,
elections were held in the remaining 12
constituencies.
But ouing to large-scale rioting
and carnage pollino was formally completed in only
five of these constituencies.
In the 1983 assembly elections simultaneously
held with the Lok Sabha poll, polling could not be
completed in 17 constituencies ouing to the
large-scale disturbances.
All the seats in the
•
.
,
-
73
-
assembly remained vacant.
Polling in many of
the constituencies was so low that the Congress
government installed after the election was always
on the defensive against the AMSU campaign,
to • oust it from power.
The accord with the AASU, announced by the
Prime Minister, Mr. Rajiv Ga n dhi, from the
ramparts of the; Red Fort on Independence Day,
brought an end to the political uncertainties
in the state,
Within three days, the Chief
Minister, Mr. Hiteswar Saikia, advised the
governor to dissolve the assembly.
steps
All these
paved the way for holding the election.
However, ths election could not be announced
immediately owing to the"fact that the intensive
revision of the electoral rolls had, not been
completed.
The present revision has been done on the
basis of March 24, 1971 as the cut-off date. This,
however, does not complete the Election Commission's
task,
after the
polling, a new•revision for
eliminating the names of all those who had
migrated to the state between January 1, 1966
and March 24; 1971 will begin under the terms
of the accord.
- 74 For the present flection, the following
programme has been announced:
Issue of notification: November 15,
Last date for filing nominations; November 22;
Scrutiny of nominations: November 23.
Last date for withdrawals: November 25,
Polling date: December 16.The results will be announced from December 17..
This will leave one full month for the
convening of the assembly which has to be summoned
. latest on 3anuary 17.
:
This election programme will also be
observed for the 11 bye-elections to the different
state assemblies, six seats to the Lok .Sabha and
one seat i'n the
Delhi Metropolitan Council*
The Lok Sabha seats are from Kishangunj(Bihar),
Kendrapara (Orissa), Churu (Ra jasthan) , Bij nor (U..P» ) ,
Bolpur (Uest Bengal), and South Delhi.
The Assembly seats are from Kishunpur and
Madhopur(Bihar), Sayajiganj(Gujarat), Gundla and
Bhadra (Haryana), Ranni(Kerala), Signapur(Maharashtra),
Jalandhar North and Jalandhar Central(Punjab)
Cheyyar (Tamil Nadu)and Aurangabad (Uest Bengal).
Times of India,
Now Delhi,
7.11. .85.
75 —
^S
POSTPONED
The Election Commission has postponed
tu/o assambly bye~3lsctions
slated for
i n Haryona and Kerala,
December 16.
Announcihg t h i s
hare on Friday, the
Deputy Election Commissioner , Mr . \1 .Ramakrishnan,
t o l d neusmen that assembly bye-elections uere
scheduled to be held from 3undla and Bhadra
constitue nc j>as i n Haryana.
after
it
they were .postponed
uas brought to the Commission's
that some more l e g i s l a t o r s
notice
had resigned from the
Assembly and the Speaker uas expected to tabs a
decision i n this jegard i n a week.
The bye-election from Ranni uas postponed
as the state govarnment expected heavy rush and
difficulty
i n maintaining law and order due to the
Sabarimala
festival*
The n o t i f i c a t i o n s ,fbr the three
bye-elections
were scheduled to be issued on Friday. Mr.
Ramakrishnan added.
The Lok Dal leader,
Mr. Devi L a i , u'ho
resigned i n protest against the Punjab accord,
uas re-elected
fr'bm t h i s
constituency.
-
16 -
Meanwhile, n o t i f i c a t i o n s
for
holding
assembly bye-elections i n six states and for
one seat i n ths Oslhi Metropolitan Council uors
issued on Friday.
The constituencies are Kishanpur and
Marine pur (Eihar), Sayaiganj
(Gujarat),
Signapur(Maharashtra), Jalandhar
North and
Jalandhar Central(Punjab), Cheyyar(Tamil Nadu),
Nanur (SC) and Aurangabad (Uest Bengal) and
Laxmibai Nagar in South Delhi,
Indian Express,
New Delhi,
16.11.85.
- 77 -
CHAPTER - Mil
Recognition/Reg istratiun o f polit.mml ".part is a.
under the Election Symbol(Reservation and
Allotment! Order, 1968.
l\janaland People Party made an application
for registration under1 para 3 of the Election Symbols
Order, 1958,
It contested the Lok Sabha General
Election held in December last year from Nagaland as
an unregistered political association. On the basis
Of its poll performance it uas found eligible for
registration under the above paragraph.
Therefore
it has been so registered for the first, time in
Nagaland*
The Commission's notification is appended
(Appendix-I),
.
3ammu & Kashmir Panthers Party was a
registered political party under paragraph 3 of the
Election Symbols(Reservation and Allotment)Order, 1968,
It contested the Lok Sabha general election held in
December, 1964 in 3ammu & Kashmir. On the basis
of its poll performance at the said general election
in 3ammu and Kashmir State. It uas recognised
as a State Party under para 6(2)(B) of the Election
Symbols Order, 1968, for parliamentary elections from
3ammu & Kashmir State with the reserved symbol 'Bicycle'*
The notification issued by the Commission in
this rsgard is appended (Appsndix-II)•
- 70 APPENQIX-I
ELECTION COMMISSION OF INDIA
•Nirvachan Sadan',
Ashok Road,
Delhi-110001.
Oated: 8th October, 1985.
16 Asvina,1907(SAKA)
NOTIFICATION
S»0» - Whereas the Election Commission of
India has considered the application of Nagaland
People Party for registration of that association
under paragraph 3 of the Election Symbols(Reservation
and Allotment) Order,- 1958, as a political party,
and the documents produced in support of the prayer
contained in the said application
anal
has decided
to register that association under the name and
style of 'NAGALAND PEOPLE PARTY' a s an un-recognisQd
political party in respect of the State of Nagaland
under the provisions of paragraph 3 of the said
Symbols Order, subject to the following conditions: —
(i) The party shall communicate to the
Commission without delay any change in
its name, Head Office, Office bearers
and their addrsssas,pclitical principles,
policies, aims and objectives and
any change in any other material
matters;
- 79 (ii) The party shall intimate the Commission
immediately whenever any amendments are
issued to party constitution alonguith
the relevant documents like the notics
for the meeting to consider amendments,
agenda for the meeting, minutes of the
meeting where - the amendments have bean
carried;
(iii) The party shall maintain all,the records
like minutes books, accounts books,
membership registers, receipt books
etc. properly;
(iv) Th e said records shall be open for
inspection at any time by the authorised
representative(s) of the Commission; and
(v) Thg registration granted shall b e
reviewed by the Commission from time to
time.
Now, therefore, in pQrsuance of the provisions
contained in clause (c) of sub—para (1) and sub-para
(2) of paragraph 17 of the Election Symbols(Reservation
and Allotment) Order, 1968, 'the Election Commission
of India hereby makes the following amendment'to its
Notification No, 56/84-1, dated the 13th Novembar,1984
as amended from time to timeJ —
In Table 3 appended to the said notification,
under columns 1 and 2 after tha entry "14-Pondicherry
Mannila Makkal Munnani - Pondicherry", the entry
"15-Nagaland People Party - Nagaland" shall be inserted,
/"NO.
By Order,
Sd/~
(R.P.OHALLA)
SECRETARY
- GO -
APPENDIX~II
ELECTION COMMISSION OF INDIA••• •
1
Nirvachan Sadan',
Ashok Road,
*
' New Delhi-110001.
Dated 5th November. 1985.
Kartika 15, 1907(SAKA)
NUTIFICHTION
S«0«~ Where the. Election Commission of India
is satisfied that as a result of its poll performance
at the general election to the Lok Sabha held in
December, "1934, in the State of Garnmu & Kashmir* the
3ammu & Kashmir Panthers Party which is a registered
unrecognised political party under para 3 of the.
i
Election -Symbols(Heservation and Allotment) Order,1968
is entitled for recognition in terms of paragraph
6{2)(D) nf that Hrder;
And whereas the Commission has decided to
recognise the 3ammu & Kashmir Panthers Party as a
State Party in the
State of Damrnu and Kashmir and
reserve the symbol 'Dicycle' for the said party in
3amrnu & Kashmir State; and,
Nou, therefore, in pursuance of clauses (b),
(c) and (d) of sub-paragraph (1) and sub-paragr3ph(2)
of paragraph 17 of the Election Symbols(Reservation
and Allotment) Urda.r, 1360, the Election Commission
- 01 - .
hereby wakes the following amendments in its
notification No, 55/84-1, dated the 13th November,
1984, published in the Gazette of India, Extraordinary,
Part II, Section 3{iii), dated the 16th November, 1904,
as amended from time to time,, namely —
(1) In Table 2 of the said notification,
in the entries relating to Oammu and
Kashmir, under columns 2 and 3, the entries
"3o Jammu and Kashmir Panthers party ...
Bicycle" shall be added.
(2) In Table 3 of the said notification under
columns 1 and 2.
(a) the entry "13, 3ammu & Kashmir Panthers
Party. .....dammu & Kashmir" shall be
deleted; and
(b) the existing entries 14 and 15 shall b s
. Co-numbered as 13, 14#
(3) In Table 4 of the said notification against
the State of "7. Jammu and Kashmir" mentioned
under column 1 thereof, the (a) entry
t!
2. Bicycle" shall be deleted and (b) the
existing entries 3 to 24 shall be re~numbe,red
as 2 to 23.
recognition granted to 'the above
mentioned political party is subject to the
following conditions: (i) The party shall communicate to the
Commission without delay any change in its
name and head office, Office bearers and
their addresses' and political principles,
policies and objectives and any change
in any other material matters;
- 02 (ii) The party shall intimate tha Commission
îssued to party .constitution'along, with
the relevant documents like t n e notice
fur the meeting to consider amendments*
agenda for the meeting, minutes of the
meeting where the amendments have been
carried etc;
(iii) Tha party shall maintain all tha records
like minutes books, accounts books,
membership register, receipt books, etc*
properly;
(iv) The said records shall bs open for
rapresantative(s) of the Commission; and
(v) The recognition granted shall be reviewed
by the Commission1 from time to time.
Jo. 56/84-Xv"Il7
By Order,
.
Sd/~
SECRETARY
.
- 03 -
Alleged Defect;.on o_fJ3hr_I Kania 1 nath. 5in^h.KJha kui r,
a^.m^mber of Bihar' Leo is laTiv/.a . .C 0ur^^.r^^D*9cTsTgn
of th)6 Chairman;, Bihar Laoislatiue Council
Shri Prabhu Narain 3ha and four other
electors of Darbhanga Graduatss1 Constituency
in Bihar filed a petition before the,Chairman
of Bihar Legislative Council* under the
Constitution (52nd Amendment) Act, 1985 in
which it uag alleged that Shri Kam'alfOath. Singh
Thakur, MLC, elected to the Bihar Legislative.
Council from Darbhanga Graduates' constituency
in the election held in April 1984 as an
independent candidate had joined INC and had
been appointed as the Chief Whip of that party.
i
It uas alleged th a t because of his admission to
the party, he has incurred disqualification as a
member of that Council under paragraph 2(2)
of the Schedule of the Constitution (Fifty
Second
Amendment) Act, 1985.
Shri Kamalnath
Singh Thakur in his
written statsment mainly argued that he
had
all along been associated with the Congress(l)
party and had never defected. Since no authorised
~ G4 candidate .was sat up by the Congra3s(l) party in
the Qarbhanga Graduate's Constituency in 1984,
•
•• -
as'
he contested the electianân independent candidate
and was declared elected.
during the poll
Before ,g°ing to poll ,
and after being sleeted to the
Coun c il he had aluays baen associated uith
Conqress(l) and .uas still associated uith
Congress(I).
Therefore, he informed the Bihar
,
Legislative Council on the 6th 3une, 1984 that
he would continue as a member of the Congress
Legislature Party,
Accordingly, arrangement uas
me.de for Shri Kamalnath
Singh Thakur to sit in
the Treasury benches in the House*
The next
objection of Shri Thakur was that since no
rules and Procedure had been laid down to enforce
the Act in accordance uith paragraph 6 of the
schedule of the Act and other conditions had not
been fulfilled, it would not ba reasonable and
justified to take decision according to the Act.
Shri Thakur had also contended that there uas no
provision in the Rules of procedure and. conduct
of Business of the Bihar Legislative CounGil that
petition by an outsider should be taken into
consideration.
outsiders.
The petitioners concerned were
Therefore, it uould not be proper to
take cognizance of it.
Finally, Shri Thakur argued
any
that
the Provisions of ths Act did not apply in
his case, for he haJ naver defected.
The Chairman of the Bihar Legislative
Conn c il
posed this quastion whether, or not Shri
Thakur joined any party after 1st.March, 1985 i.s*
the date of coming into force of the Act and
proceeded to answer that question..In the course of
answering the various contentions raised by the
petitioners and Shri Thakur, the Chairman observed; "This is a fact that rules have not been
framed under paragraph 8 of the 10th
schedule as provided under section 5 of the
Act, nor a system has been evolved for
keeping the records in the Legislative
Council "in accordance with the provisions
of this paragraph. This is also a fact .
that the Rules of Procedure and conduct of
Business of the Legislative Council do not
provide for considering or taking
cognizance of any petition or representation
submitted by an outsider in respect of a
member of the Legislative Council, but
under the present circumstances, I deem
it necessary to consider it and also
to take a decision on this controversy.
Now, it cannot be assumed that because of
Rules not having bean framed, no Act shall camg into force. Public opinion or people's
._ confidence is the' mainstay' of democracy* If
any doubt arises among the people about
the political character and conduct of a
Legislature, and being conscious of his
activities, his political character and
conduct, they put forward any demand f°r his
being judgad in the light of the Act, they
readily deserve to ba praised. Besides-'
this, the object of the Act is to promote
political stability, to strengthen commitment
to the1 policy, faith and programme of the
members of respective- partio-s, and to
- U6 prevent .defection every nou and than for
selfish atlr's and personal gains.. In the
present atmosphere of political instability
there .is an strcnc. tendency for formation,
disruution> re—organisation, and change
of parties among the members, and to stop
this it is necessary to enforce this Act
strictly, It would be better, if the Rules
and procedures provided under the Act is
laid down by the Speaker of the Lok Sabha
and the entire legislative bodies of the country
should adopt them to ensure 14ni.for.mity in "
rules and procedure. Undoubtedly in the
absence of Rules and procedures I had to face
tremendous difficulties in taking a decision
in thi3 rcfatter and this decision has bsen
made basically in pursuance of rules provided
in the Rules of Procedure and Conduct of
Business of the Bihar Legislative Council.
In this interest of people's Confidence,
a few rules had to be relaxed".
The Chairman held that it was evident from
the publication °f the Research and Publication Section
that on being elected as a member of the Legislative
Council.
Shri Thakur had informed the Bihar Legislative
Council on 6th Oune, 1984 that he would continue
as a member of the Congress Legislature Party as before
and accordingly hs u as shown as a member of that party
in the list published by the Research and Publication
Section of the Council and printed by the Superintendence
Secretariat Press on 22nd January, 1985.
The Chairman added that Shri Thakur was
allotted a seat in the INC party and this proposal
was approved by the than
on 20th August, 1984.
chairman of the Council
Shri Thakur continued to
occupy the seat in the Congress Conches.
This fact
~ 37 ~
had been shown in tha various publications of
the Council. Further, th-3 Chief Whip of the IMC.
certified that Shri Thakur was a member °f their
Party and had attended saveral meetings of that
Party.
This fact urns also borne out by the uarious
speeches made by Shri Thakur in the Council in
uhich he referred himself as a member of the INC
party.
-
_
The Chairman, therefore, held that Shri
Kamalnath
Singh Thakur had been a member of the
Congress Legislature Party before tha enforcement
of the Anti Defection Apt.
He therefore, will b Q
deemed to be a member of the Indian National Congress
in terms of paragraph 2(4) .of the tenth schedule of the
Act, which is reproduced belou:
"Not withstanding anything contained in the
foregoing provisions of this paragraph, a
person who, on the commencement of the
Constitution 'Fifty-seccnd Amendment) Act,
1985, is a member of a House (whether
elected or nominated as such) that (i) where he uas a member of a political
party immediately before such commencement,
be deemed, for the purposes of subparagraph (1) of this paragraph to have
been elected as a member of such
Housg as a candidate sot up by such
political party".
\
** •
- GO >; - IX
FOREIGN ELECTIONS
ELECTIONS IN SWEDEN
On 15th September, 1905, elections were held
in Sweden to the Riksdag (Swedish Parliament),County
Councils and Municipal Councils.
In the Parliamentary
elections ,the Social Democratic Party led by Shri
Olaf Palme was voted back to power.
In the above
context, it will be of interest t° knoy about the
election law and procedure of Sweden, the salient
features of uhich are reproduced be lout.
Prior ..to 1370, the Riksdag or Swedish Parliament
was divided into tuo Chambers with equal powers. The
Upper Chamber was indirectly elected and one-eighth
of its membership renewed each year, while the Lower
Chamber was directly elected.
suffrage was restricted.
Prior to 1921, the
In a new reform of 1*910—21,
suffrage was extended to women and participation in
general and local elections is now universal,
mil
Swedish citizens who have reached the age of 10 on the
date of poll -are eligible to Vote,
Since
1970, the bicameral
system has given way
to a unicameral system with 350 members. The whole
Parliament is nou' elected in direct*- proportional and
general elections. Doth general andlocal elections
-, 89 are
held every three years on the third Sunday in
September,
On the eve of the 1976 election, the number
of seats was reduced from 350 to 349,
This was to
avoid the unseemly situation which existed during
1973~76 when the two parliamentary blocs —Socialist
and non-Socialist-were equally represented and many
tie votes had to be resolved by draw of lots.
Of
the 349, 310 are fixed seats appoortioned among the
20 electoral districts in proportion to the number
of franchisee! voters in the electoral districts.
The other 39 are supplementary or compensatory seats
to ensure party composition in Parliament to reflect
the national distribution of votes as exactly as
possible (The main argument of the advocates of
a change-ovar to the proportional system is the
reflection of popular votes in the percentage of seats
secured by political parties.
Sweden has found from
its experience that the proportional system is
weighted in favour of large parties and this has
led that country to provide for compensatory seats
taking into account the country as a whole). Only
parties which poll over A% of the votes in the eouhtry
~ 90 «
as a uhola (cr 12% in a single electoral d i s t r i c t ) [gat
a share in the distribution of seats* This r e s t r i c t i o n
was imposed to prevent small parties from hampering
formation of Governments.
Distribution of the 310 fixad seats is dona
six months before the General Election. Distribution
is done as follows: «
1* Divide the total number of voters by 310
6,096,139
310
2.
= 19,665
Entitlement of say, Uppsala constituency
is worked out as follows:
171,642(Number of voters in Uppsala)=0»7
19,665
-
. . • • • •
Quotient 0 Remainder.14,322
This is rounded down to the nearest
integer.
Therefore, Uppsala gets 0 s e a t s .
The remaining seats are to be distributed
to the constituencies havih§ greatest remainders* In "
x
this case, the remainder is 14,322.
•
-.
./•
This was .sufficient
to obtain one additional seat to Uppsala making its
entitlement 9«
The National Tax Board is responsible for
election organisation and administration. General
Electoral Registers are prepared with the aid of
computers* No application ia .nace^sary, Voters are
- 91 -
selected from a regional magnetic tape register
containing the parochially registered population on
the 1st of 3une, Persons not entitled to vote for
reasons like that they are below the suffrage etc.
are omitted.
Such registers are issued by the
local taxation authorities and then subjected to
public scrutiny permitting persons to object to
others being included or themselves being excluded.
Objections are considered by the county administration
at a public session.
After the session, alectoral
cards (also computer print outs) are distributed to
the voters.
Thase.cards contain information regarding
the location of the polling station, voting hours and
other general
information.
Electoral registers are
prepared every year so that these can be used even
if there is a snap poll.
Out electoral cards are not
distributed until elections are imminent*
Suffrage requirements:
1. Swedish citizenship (only for voting to the
Parliament)J
2, Non—Swedish citizens, who have been
naticnaJs-registefed for a period of 3 years
are entitled to vote for other elections;
3, 1G years on the day of poll;
4. No legal incompetence; and
5* Parochial registration according to the
regional tape register on the 1st of June.
- 92 Special electoral raqjster;
\
Non-residents of Sweden and who are otherwise
qualified are included in a special electoral register.
For this purpose, an application to the National Tax
Board ig necessary.
-
One peculiar feature of Swedish election
is that ballots may be cast, apart from the polling
stations, at any Swedish Post Office, at temporary
Post Offices set up at hospitals, old age homes,
penitentiaries, Swedish diplomatic and Counsular
Missions and on board a number of Swedish merchant
vessels.
•
/
Marriad voters may allow thsir spouses to hand !
in their ballot voters, who cannot cast their ballots
in person bedaUso of illness etc. may allow their
nearest relations or nurses to hand in their ballots.
Polling Procedure:
'
Polling hours are from a.00AM to O.OOPM. Each
voter gets 3 identical envelopes, one for each election.
Voters go behind a screened polling booth, place their
ballots in the envelopes and hand them over to the
Returning Officers togethsr with their electoral cards*
Possession ,of the electoral card is not compulsory;
but almost all voters bring them. (Voting slips are
sent to.every voter by the political parties. They
also obtainable from party election offices and are
usually available at polling stations as well).
f
,
- 93 The Returning Officers locate the voters in
the electoral register,-cross them off the'register
and put the ballots in'3 ballot boxes, one for each
election. Immediately after the close of poll,
all ballots are counted preliminarily, Parliamentary
ballets first.
The outcome is recorded and the
ballots arc put in sealed envelopes*
The Election
Committee collects the records and ballots from
ths polling stations and brings them to the county
administration for final counting,
Tha county
administration carries out the final counting of the
ballots of all the 3 elections and the appointment of
representatives in the Municipal elections* The
National Tax Board appoints the MPs. Uhen all the
ballots have been processed, the seats are distributed
between parties according to the odd—number method,
candidates are ordered within each party according td
the d'Hondt method and representatives are appointed.
Calculations and record drafts are made with the aid
of computers.
Political parties!
Since the 1930s the' following 5 parties
have been represented in Parliament 1• Moderate Party(Formerly Conservative)
2,
3,
4,
5,
The
The
Tha
The
Center Party (Formerly Agrarian)
Liberal party,
Social Democratic Party
Left Party(Conimunists),
• • • ••
• a•
• • •
— 94 •»
CHAPTER - . X
PRESS REPORTS FI.N ELECTIONS AND POLITICAL SYSTEFLSOF
FOREIGN COUNTRIES^ND OTHER NATTERS OF INTEREST.
During the month of November, 1905, Press
reports, editorials and articles on elections and
political systems of foreign countries and other
matters of interest appeared in the press. The press
reports which are considered to be of special interest
are reproduced in full in the following pages,
Date
Name of Newspaper
.
Topic
5.11.85
Hindu* Madras
6.11.05
The Statesman,
Delhi.
Shri Cerezo's win in
Guatemala Presidential
elections.
7.11.05
Patriot*
Regarding Mr. Duliua.
Nyerera's retirement
from presidency of
Tanzania and Shri Mwinyl
hauing been sworn in
President. \
Hindustan Times,
Neu D e l h i .
Regarding defeat of Shri
Michael Somore and
election of Paias Uingti
as' Prime Minister of
Papua New Guinea
through no-confidence
motion in Parliament.
New D e l h i .
23.11.05
Alfonsin's win in
Argentinian poll*
- 95 -
JL ! il
The Argentine President,Mr.psul Alfonsin uon a
commanding vote of confidence yesterday uhen his
centre-left Radical Civ/ic Union outpolled opposition
parties in Congressional elections marred by late-night
street clashes.
Atleast four persons were uounded
as groups of young political r i v a l s , some armed with
clubs, battled in scattered incidents across the country*
With 71 per cent of the ballots counted nation~
wide, the radicals led with, more than 4.7 million
votes or 43.9 per csnt-of the t o t a l .
The Peronists^
the leading apposition group* had more than 3.7 million
votes, or 34 per cant*
T'TS l e f t i s t Intransigent Party got 680,177 votes
or 6,2 per cen't while this Conservative Central
Democratic Union had 398^5Sf> votes.
Argentina has not staged exclusively legislative
elections since 1965,
Military coups in 1966 and
1976 cut short democratic rule before elections could
be held - AP.
HINDU
MADRAS
5.11. 8 5 .
-
96 -
CERE.20 WINS GIJATTPÂLAJ^RES IDEMTIAL
"ELECT ICNS
The moderate, Fir. Viniclo Carezo claimed
victory in the Guatemala's presidential election
today and asked the second-place candidate to
withdraw
in the interest
of national unity
from a scheduled run-off, reports UPI,
Thg Statesman,
Delhi,
6.11,65
-
97 -
EL2£3£ ^J^JJ3JA^ /IV.JJiLK. .$M931L...IN. i l ^ A £ ! ^ I
i
Tusnty-four years after
guiding his country to
independence, Hr.3'Jlius fwerere stepped down yesterday
from the presidency*
He leaves a mixed legacy that includes
stability
it
political
and some undisputed social achievements, hut
also includes a collapsing state-run economy that*
has made Tanzania one of the world's poorest countries*
The socialism that Mr.Wyerere hoped uould make
Tanzania s e l f - r e l i a n t
and classless brought uniform
poverty instead.
Looking back over his experience,Mr.Nyerere said
recently there are certain things I'd
probably do
differently."
Mr.Nyerere has cited too much nationalization and
centralization as mistakes.
But .,the basic policies of
my country I uould Repeat exactly repeat,
^1 uould s t i l l work for
a socialist Tanzania
He said»
self-
r e l i a n t , non aligned committed to the liberation of
Africa, to the unity of A f r i c a , "
Mr.Nyerere gives up the Presidency H;o Fir*Ali
H-assgn Muinyl, former president of the semiautonomous
islands of Zanzibar and Remba and his former
first
vies president Mr.Fluinyl, took 92.2. per cent of the
vote in the one candidate elections.
-
90 -
Mr.ftuinyljbC, was suorn in at Tanzanian
capital
Dar Es Salaam by Chief 3 u s t i c e Francis N y a l a l i ,
Mr.Nygrere and a large croud looked on at the National
Soccer Stadium.
After
There was no inaugural address.
the swearing i n , Mr.Mwinyl was presented
with a s h i e l d , a spear and a native s t o o l ----symbols
of power and prosperity.
As chairman of the Revolutionary
Party,Tanzania*s
only Party, Mr.Nyerere w i l l continue to wield
considerable influence, at least u n t i l 1987, when he
has promised, he w i l l q u i t
politics
PATRIOT
N.EU DELHI
7*11*85
entirely.
-
J9 -
PAPPA ,PJ1 P.U sj£fi
Papua N eu Guinea's long serving Prime Minister
Michael Sotnare' was ousted from o f f i c e yesterday in a
no-conf id eric e vote in Parliament,
Somare 49, lost the motion in the 109-sest chamber
by 57 votes to 51 despite eleventh-hour lobbying among
parties in his ruling c o a l i t i o n .
To succeed him Parliament chose opposition leader
Paias U i n g t i .Somare1 s former deputy who defected in
March t h i s year.
Somare, who guided the South Pacific
to independence from Australia
territory
in 1975, had been-
Prime Minister for eight of the last 10 years.
Affectionately dubbed "the chief" by Papua Neu
Guinea's three million people, his leadership of a
shaky c o a l i t i o n has been under threat for most of
this year from p o l i t i c a l r i v a l s *
Opposition leader U i n g t i took the Government! s
economic perforrrianco and a row over a tough budget
handed, doun last week as the grounds for the noconfidence challenge.
HINO-USTAN TIMES
NEU DELHI
23.11 .85
CKAPT
DR.-AMBEDKAR MEMORIAL LECTURE DELIVERED BY
SHRI R.K. TRIVEDI, CHIEF ELECTION COMMJSIONER
!
OF INDIA
Shri R\K« Trivedi, Chief
Election
Commissioner
deli* .
versd the Dr. Ambedkar Memorial Lecture at the Banaras Hindu
University, Varanasi on 21/22.124985.
Amhedkar
Memorial
While delivering Dr.
Lecture', Shri' R.K.Trivedi, Chief
Election
Commissioner of India, traced the history o! election law and
the growth of democratic institutions in India- through the ages.
He explained how in ancient India and in the Vedic period there
were a number of republics? but, however, the prominent type
of polity was monarchical.
existed both
forms of
In the Buddist and Hindu period there
Government.
Village always remained
the most important unit of social and economic life ever since
the Vedic times. These villages had so much of functional autonomy
which prompted Megasthanese to describe them as 'little independent republic, self-contained and self-governed'.
In the developed
Vedic age, the national life and activities- were expressed through
Surmtis or Sabhas.
The medieval period which witnessed
the Islamic
in-
cursion.1:, and the Mughal occupation, brought in its wake a rule
of oppression which had a demoralising effect
on the growth
and validity oi the self-governing institutions. • With the advent
of the British Rule, there was a virtual extinction of all forms
of self-government and disappearance of ancient village communities.
Thereafter, only irv 1S70 the first .step to establish links
*
between - the rulers and the ruled was taken by Lord Mayo,
Ini-
tially} the members of local bodies and the legislatures at the
centre
and the provincial
ievei were not elected.
by and by elective element, was introduced.
However,
There was growing
resentment against the denial of self-government to the Indians.
•
.
- 100B -
The reforms introduced in 1909. 1919 and 1935 did not satisfy
the aspirations of the Indian people.
was also limited.
Further, the franchise
ft was only after India won independence
that the dreams were translated into realit*' and a sovereign
democratic republic was constituted.
'.'~
Under the Constitutions the superintendence, direction
and control of elections are vested in an independent machinery
insulated from executive control.
The powers of the Union
and State legislatures to make laws on election matters are
subject to the powers of the Election Commission guaranteed
under Article 32^ of the Constitution,
Shrl Trivedi staged that in U.K. it took nearly 700
years since the summoning of the model Parliament In 126%
to introduce adult franchise in 1928 and that too after bitter
straggles.
Mo&t o! the other democracies have taken longer
.periods to extend franchise to women. The conferment of universal
adult suffrage was bold step indeed considering the phenomenal
size ol the electorate and the high percentage o! illiteracy
and was an act of faith in the native intelligence and practical
commonsense of the Indian elector* in his turn, the Indian elector
has more than justified this faith by exercising his electoral
options in a manner convincingly indicative of his political maturity.
/
i
Article 324 gives plenary powers to the Commission
which has been upheld by the Supreme Court in a catena of
judgements*
Referring to criticisms relating to highly unfair
representation of most political parties in the House*, the chronic
instability of the party system, the continuous defection
of;
the legislators and the extreme under-representation of women
in Parliament, Shri T.rivedi stated quoting statistics, that the
representation of women has been progressively increasing and
it
,-w"> t
V% ft •
- 100C -
USA and Australia.
He was not in agreement with the panacea-
of proportional representation suggested by some political thinkers
on the ground that in a huge sub-continent like ours with a
federal system, what is indeed most important is political stability
and a strong Central Government..
When the 7 national parties
have still, to establish their base* the pattern of representation
would become more regional under the proportional representation
system.
Further, by and large, the wilt of the people has been
fully reflected in the past in the choice they made.
The entire legal edifice "of the Indian electoral law
has been built upon the twin articles of faith .viz individual
freedom and change through peaceful means through the triple
postulates of (a) an enlightened electorate withm the framework}
of Universal franchise? (b) rectitude and fair play, on the part
of individual candidates and political parties; and (c) an independent
neutral electoral machinery.
He expressed his anxiety at the
delays in disposal of election petitions.
Quoting- a number of
judgements' of the Supreme Court, he explained how the word
'Election* came to be, interpreted as meaning the entire process
to return a candidate*.
These judgements" have also held that
Article 32^ is a reservoir of power and these powers are not
only administrative but-marginally everrjndicative or legislative.
• He also invited attention to certain judgements -which have
given place to considerable heat and debate
One such case
was Amarnath Chawla's case in which the Court held that such
part of expenditure by a political party which is incurred in
connection with the elections of a party candidate and of which
the candidate > knowingly takes advantage should be ' included
i
in the election expenditure of that, candidate,
'To get over
- SOOD -
providing for exclusion of such expenditure from the candidate's
expenditure for the purpose of ceiling on election expenses.
While dealing with the recommendations of the Election
Commission for electoral reforms, Shri Trivedi highlighted the
importance of purity ol elections and felt that the four basic
areas requiring immediate attention, through appropriate legal
enactment_i3.r,£L._-
-
(a) Strengthening of the political party system.
(b) Curbing the role of money power?
(c) Curbs against muscle power and
id) curbji. against misuse of media power*
He pleaded that a law should be enacted to define political
parties, to provide for compulsory registrations compulsory maintenance of accounts, compulsory audit and connected matters.
Simultaneous elections to LokSabha and State Assemblies, regu!a~
lion of Company .donations to political parties, introduction
of electronic voting machines, reduction in the period of electioneering etc will go a long way in checking the role of money
power.
To check muscle power, certain non-cognizable electoral
offences
may be made cognizable, provision should be made
for cancellation of poll in case of booth-capturing or other
corrupt practices.
As for media power* besides continuing the
existing .scheme of allowing time on radio and TV to recognised
political parties and extending it further by subsidizing time
on AIR and TV, the misuse of the media by the ruling party
should be treated as a breach of the Code of Conduct.
Democracy is meaningless unless there is representative
government down the Sine to the grass root level.
All these
- tOOE local governing institutions should be strengthened and nurtured.
The supersession of many local bodies and the delay in holding
periodical elections is negation of democracy.
This should be
curbed.
In the context of the courts testing the validity of
-election law and procedure against the touchstone of purity
of elections,—the rejection of use -of-electronic voting machines
by the Supreme Court on technical grounds has delayed
introduction of a much needed and over-due reform. The Government has yet to amend the law to enable use of these machines.
The enactment of an Anti-Defection Act, amendment
of Companies Act to regulate donations to political parties
and Supreme Court's decision on 'hukamrsama1 issued by religious
bodies etc..show the keenness all around to cleanse the electoral
system and raises hopes that the suggestions for other reforms
would similarly be implemented.
Shri Trivedi viewed with concern increasing use of
violence in elections and considered violence to be incompatible
with the basic tenets of democracy. He also felt that democracy
without high standards of public morality cannot be lasting and
thereforef he earnestly pleaded for a value-oriented ethos in
which ethics served as a hand-maiden of politics and tolerance,
non-violence and persuasiveness informs the people's consciousness
as the only means for attaining
peaceful change. This alone
the
could help to make our democracy/clearing house on the future
end set an example by striving to achieve the goal of a strong
and lasting valuo-orientr'd polity.'
.
.
The full text, of the . address delivered by the Chief
Election Commissioner
is reproduced
in the following pages;
!00F
DR. AMREDKAR MEMORIAL LECTURE DELIVERED BY
SHRINK. TRIVEDI. CHIEF ELECTION COMMISSIONER
.'
OF INDIA
it
war. with considerable
trepidation
that
I agreed to
accept the invitation to deliver these lectures - first, because
t
i have bad no formal schooling in- law and secondly, because
those who delivered the lectures >n the past! wer-e groat legal
luminaries.
The experience I have had during the last k years
in the implementation' of the election !aws, gave me the requisite
courage to accept the honour with humility anrf to present some
ideas for consideration by this distinguished gatherings
like to begin by offering
I would
my obeisance unto Dr. Ambedkar,
the modern Many whose contributions towards the framing of
the Constitution in general and the election iaws in pariicuku*.
are too well known to be recounted,
should be eternally grateful
indeed, the Indian polity
to him f«i
the manner in which
it has evolved and it is as weU that these lectures should be
dedicated to him as our silent but respectful homage to thisgreat law-giver*
troductorjs
The preamble of the Constitution begins with these solemn
wordss
"We, the people of India, having solemnly resolved
constitute India- into a Sovereign, Socialist. Secular
to
democratic
republic...,«,,,,...,.,."
The- ultimate sovereigny vests in the people and the people
have given into themselves a democratic system.. Though political
scientists have defined democracy in a variety of ways, the
basic idea underlying the concept has remained virtually
the
• 101 »
same for the past 200 years. According to 3ames Brycej
"Democracy has been used ever since the time of
Herodotus to denote that form of government in which
the ruling power of a State is legally vested, not In
any particular class or classes,
but
' in the members
ol the community as a whole. This means, in communities which act by voting, that rule belongs to the
majority, %.$ no other method has been found lor determining peaceably and legally what is to be deemed
i
*
the will of a community which is not unanimous*"'
In his own words Democracy really' means nothing
more nor less than the rule of the whole people expressing
sovereign will by their votes.
" In.a recent book captioned "The Emergence ol Democracy"
written By Prof. Tatu Vanhanen of the University of Temper©
and published .by the Finnish Society of Science & Letters,
the author, places India as one of the 30 old democracies during
1830-1979 out of 119 countries studied by him.
Elections are relevant not' only for the strengthening
of democracy but also for its survival.
The electoral laws,
therefore, have to uphold not only the democratic system-and'
l
the untimate sovereignty of the people but also the purity of
the election process to enable free exorcise of their will.
!. U.Bryce'. Modern Democracies - 1921 VoLI)
* {I have intentiorviiiy referred to him as he was the only scholar
who presented a paper-on India at the European Consortium
for Political Research at Salzburg, Austria held between
••April 13-1S, J9S'O.
!t needs, however, to be added almost
ri
•'•
,,. ,
*,-<;
<s
• v' ,
. <. iipf/i
, ,,.,
i
i •*
*.:
r
, . ,,,,
•
'i^
the eieciurai
-j. ,,
» * <(,
i
.. ii.
u
' ."t'-'u ft
',, .
,
,
dows! by
^«.-.rfrij
it
„ < «-'.r
-4A
>, '"
/-
•>
,.
£!'/•"
the
immediately
Supreme
^.rtii-h^- -
r
,,•; . .
v
' t
'•' - .1 ~t-"» » u v
law^ have to be framed
}
in
fundamental
'•,«
[ ' f!
Court
«j
wore,
ui
the
consi-
*'r,'"- •3'-<J t h e r e f o r e .
and interpreted
with
this primary .consideration in view,
backgrout'id:
As the present, almost
always, reflects, the past, it
would be interesting to take a peep into the history of Indi?,
both remote and recent, and to see how- far her people have
been accustomed to the theory and practice "o( elections and
the electoral laws which constitute their basi&«
'^n ancient India, there were a number o! republics.
j>ut the predominant
type of polity and, for
of time, the only type, was monarchical*
long stretches,
Some scholars, are
of the_. view . that this was true also of the Vedic period.
Majurndar, is s however, ot
the opinion that
R.C.
''although, some-
passages in the Vedic—ittBratt?fe""S?ci-n to' imply the existence..
of oligarchic or republican clans, we caanot come to any definite
conclusion on the point,.1*1"
K«P,3aiswaS is also of this vi^w as
.he holds that early Vedas"knew only of monarchy'*
from
monarchical
Departure
form of government appears to have been
2. Majumdar, R.C.it The Age of Imperial Unity, pp*33O-33r.
3. Jaiswai K.P., Hindu Polity, p.2l.
(
made in posr-Vecic times, for êgiiSthehc-s records 'sovereignty,
kinship was dissolved
ups ia
and derncc.tauc government 'set
vartous tiisGes-
\ T J
M&V.<*
*^ > ' -
:
f
f
v££
o1.'1.
rufid
''
0
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•
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governed* '"
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:ii
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'h-f-t
t lived
i,?J
'It-
'
.v
Gramant,
'j •
•-., i t o - " " " ,
^'
*h-«
v i ! «"><
''• " , c i " i - ( . < t , > n »
; h ,r.n t
of t h e Grasnani 'may have ber-n sometimes- hereditary, and soinetimes,
nominated
who disagrees
or elected,'
with
<'«-»•'
$« Epitome c r <'. > ",»- »
pp.38-W, '..'»— ' » } i
holds
Mac;donncJ«
opinion,, states that
.'
> t
.'{•'*>.,
6 . M a c r i n d l % A<* ^
••
«. ,.
!
qtf
•
drarnatu and-
't : '
, •
- ,r>."J.
?
s
P.-Banerjee
>,t
*
^fjese,
other village officials
were appointed by the community and
S
were accountable to tlwniT jaiswai., seems to agree with him
as according 10 him Gramani or leader ci the village, was
a. representative at the coronation ceremony/
.- .„„-., - c»
cx;-,t'
-;
• *':\r-ji to the Land' of Atharvaveda
'-. 1.1,'* , c-.i i':'i!Tj
'cin-ti * o! the whole land.
3oiswal
is of the view that those who were assembled, were, "the villages
and for . agreement
on certain
matters
of caramon
interests
The villages as a unit, seems to have formed the basis of the
.constitution of the Sarnhi.
In the developed Vedic Age? the national life
and
activities were, however, expressed through popular assemblies
arsd institutions*
The greatest • institution of
this nature was
the SamUi or Sabha which emerged from the1' latter part of
the iriiUenriium oi the Rig-Veda and continued to exist down
. to about 700 BC« The Samiti was a soveêigo body, as it not
only "discussed the waiters of
State, but also had the power
of electing the Raja or the king. The wfioie people were supposed
- t o be . pte&ssnt. in- -she _ assembly- PreS1TffiTng"the difficulties of
4
transport &t\4 communication, the presence of the whole nation
would not
have been possible. Though authentic details are
not available, there must have Seen some; unwritten electoral
8* Banerfee Pramathanath,
' India, p. 289
9,
Public
Jaiswai K.P. Hindu Polity, p. 15
10. ibid.
Administaiian
in
Ancient
«> 1 0 5 *
conventions or principles of represcn'atirn acceding to which
viltage-s might have been êndih£ their representatives tor the
meeting o! the Samite
•
The Sabh.a was s a standirg and stationary body of selectee men,
generally
Eiders, working undtr
the authority at S'imitu
The
basia of selection must have been some principle of representation.
The Resolutions of -the Sabha wprc bindingg on all and •mvloiabi€.
%
" '
. As stated earlier, the existence of rcpubii.es during Bud-
dhist period is also discernible from Buddhist literature. Buddha
was born and brought" up in a republican set-up. He rtajved
the community' that he founded as 'Bhikku Sangha*
or
the
'Republic of Bhikkus.! The Buddhist texts also give a detailed
account of the rules and regulations of ihe democratic government of the "Sangha" and m fact the term "Chand" € p i has
often been usc4 In" Oueklhist literature for
a vote. The 'term
is still in use in Sri'anka maiy scholars hold that these references
are identical with or probably based upon the democratic, constitution of the republican stare?., R-C. Majumdar is of. the view
that "this is very plausible though not an established tad.'*dhist
literature
Bud ~
also mentions that Vaishais. the kingdom of
Lachchavis, was ruled by a Supreme Assembly consisting of
tiie young st,'» tribal governments is
discernible from numismatic evidence. Such states were referred
,» c, C-.ip i
""•
*-i" i NrK» ' f
•*"-,,
!
if'
•» iv ..-I- i *•
were quite sympathetic
r' allowed their
survival
without-any hindrance. The existence of autonomous communities,
urban ar*d rural, imposed a limit, in normal times, on the exercise
of
• authority by the'supreme executive:. Kautllya's Arihasastra
declares that "whatever pleases himself, the king shall not consider
as good, but whatever pleases his subject?., he shall consider
,"13"
as gooes.
eleventh and subsequent centuries witnessed Islamic
incursions in India, followed by Mughal .occupation in the 16th
century.
During
thb
period, .the
republican
government
had
no place in polity. Initially* the Mughsds., who were busy consolidating their
hold, did not
interfere
with the
administrative
organisation of the country.. They also extended their patronage
to • the .-time honoured institution
of village panrhayats which
used to settle disputes of all kinds-civiis criminal and socialat trie village level. After- consolidating.:&&ic~faatd, they introduced'
the
Jagir
system
for
collecting
revenue
through
or contractors. This •system weakened the solidarity
.. Quoted .in Shukia, UP«," History of
in India, p, 2'4 .
'
Matguzars5
of
the
Village Panchayats
* 10? *
t
i)
<
• .vi
" • f'
<
•<
<•
» c,
w,,,
-• '
>
"• \
-' •
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.
•*
o
'
' P I ' S , . i>',-3
..
t, "-,
' f - •, s
, ><
h
wi)
«.
1 /me
has 3> u f
t>
. >'< ,! i J». a
i
N
{
v.
^ ^*
> / J
. : ,_v
'v- *••• •< ,,.
, M > <"
*
•i
t
'
tunthe
. j>n s e q u e n c e ,
*j u n i o r ,
roi<?.
oppression which
~"d validity _of the
n course of
time,
th«- P,-in!.ij-Ay;-jh; in their old ferm practically disappeared by
the mi^dfa oi the 19th century.
There was a virtual extinction of ai! forms of seifgovcrn«>ent
and disappearance of ancient village communities
with the •advent o! the British Rule,
Following the Revolution
of i&!>7> the Crown by the Act of IS58 assumed the governance
of its territories in India, which hitherto hid been administered'
by East mdia Company.
From that, date, until the Government
of India rsci 1915 came into operation, we had a semblance
of ..'a uniiied •jdfninhtration in the country vesting the superintendence, direction and control of the entire Government of
India In t:h-:- - Governor General and thai of the pFoviriccs* in
the Governor and hi:> Executive Council subject to the over-'"
all control of ;ho Central Government,
There was a complete
snapping of tics between the ru'pt and the ruled.
The question of giving representation to Indians was.
Ui, Yadav R.V., I , !u u* . ..I Panchayat Raj, p,10
-»
1 urn *»
raised • in the British Parliament in 1S58..
But Gladstone consi-
dered it impolitic to grant it, "when considerable portion of
the natives, were still in armi, against the British",
In subsequent
vear$; if
was, however, realised
that
for better .administration of the country a link should be estabt
fished between the people and the government at lower levels.
With this end in view, a lew steps bordering on the* formal
were taken by the Government
for selling up local bodies.
The first step in this direction was Lord Mayo?s
lution of December* 1870 wherein the Government emphasised
the necessity of entrusting the functions of education, sanitation?
etc. to the local government.
in respect
Consequently, Acts were passed
of ioca! self-government' at the district
level 'in
the provinces of Bombay, Bengal and Punjab stipulating nomination of officials., and non-officials to the local bodies.
Lord Ripon's Resolution of
next- -major
18 May 1S824 marks the
{and mark in self-government. _ c_aUiJT)g -upon
provincial governments to extend through, out
_the;_
the country a
network" of Socar'"B"63Tesr"**T!""alsb laid/down that in no. .case .should the official members of a- local body be'mere than 1/3
of the total membership;
that non-oificiai
members
be chosen by election" and that a non-official
ihoufd
should be the
Chairman of the Board, as far as possible.
As a result of this Resolution, the laws enacted between
18S3-18S5
in
various provinces treated
a
'two-tier'
system
of local government with (i) district boards and (2) sub-district
boards cotenrunus with the district or ihe sub-division orTehsii
respectively,,
Theses District
Boards* however, continued
to
be dentir..?.ted by officiai<k<rn with Collector as Chairman,
The first
attempt at introdGciiig an elective dement
in the Jeoivlatut'es
Central ai-.d 'provincial - was the Indlais
Council? Act 1X92*
The Ace increased the number of additional
memfaets *o net less than 10 and nox mere ihan 16, in the case
of Imperial Legislative Council and to not ie&s than 8 and net
• more than 20 in case of various provincial councils*
The rules
issued under the Act provided <hat certain portion of the nonoflicia! members should be nominated by the hend of the government on the recommendation of certaui bodies.
Consequently,
the Councils iormeei at the Centre and in the provinces consisted of three
elected.
types of members - oificial, non-official and
Thus, in the case oi
16 members of the imperial
Legislative Council, 6 were o i u o a l s , 5 were nominated nonofficials and 5 were elected - one by Calcutta Chambers of
Commerce
and one each by the non-official
provincial Councils.
members of <*•
In the case of Provincial Councils, the
recommending bodies were Municipal Councils, District Boards,
Chamber of Commerce and University Senates*
introduced,
though
indirectly, the elective
Thus, th<s Act
element
in
the
Councils.
Another step in the direction of Reform of the Councils
>&as the Indian Councils Act,
strength
oi
Legislative
i90*>.
Councils
The rules Eramed under the Act
f
The Act increased the
Impenal
and
Provincial.
ixed the strength of Imperial
Legislative Council ai 69 arid that ol the' Provincial Councils
varying iron; 52 m cusc of Beng.il to 16 in Burma,
«. no The Legislative Councils - Imperial and Provincialwere to be indirectly elected by three types of electorates
generals communal 'and special. The imperial Legislative Council
. i'. i.' . i,' ..! members.
Of these. 13 were to be returned
\
.
members of
s •<("!•
' non-oi'Hciai
Provincial
Councils;
6 by separate Mohammadan constituencies^ 6 by special land'ofd constituencies and 2 by special electorates of the Chamber
o! Commerce.
SifiHariy, the elective element in the Provincial
Councils which varied from province to province, was returned
by three types of constituencies.
Qualifications prescribed
in the rules for enrolment in the roils of general constituencies,
land holders constituencies, Mohammadan constituencies and
special constituencies varied from province to province-
The
qualification for enrolment in these constituencies for election
to the Imperial Legislative Council were different from those
prescribed for Provincial' Legislative CouncilsThe Act thus introduced separate communal electorate
•with limited franchise and continued with the system of indirect
election as introduced by the Act of 1892.
The largest consti-
tuency returning a member to the Imperial Legislative Council
did ne-t—-exceed -650 voters,
IrT'TKe"Provincial; Councils also
the constituencies did. not exceed a few hundred voters.
The
Indians were highly dissatisfied with this measure and oerrianded
fully- representative legislatures.
A" R'oyal Commission, known as Decentralisation Commission, appointed in Docernbcr, 190? lor examining the question
of 'electoral reforms at the local, level gave its Report in 1909
and recommended the revival of the village panchayats. - How-
»
e-ii
ut'n'e
* r *
lit
• <v
'
•• »f " i _ the
formation
Again, the Government of India issued \xvo i.:U*>oJutions,
one if; 1^15 and another in !5iS s stressing the need of setting
se?!:-f,overnrnef"iti!.
up Joc-'ii
?>oth these Resolutions, however,
remained only on paper,, The Government of India Act, 1919. made local government a transferred subject under the charge of a popular Minister,
This had the desired effect ami Acts were passed in S provinces
of ; British India in
panchayats,
The
1919-20 lor the establishment of
local
self-government
was included
village
in
the
Provincial List under the Government of India Act, 193.5, When
popular
Ministries assumed
oifice
*n 193? in the provinces*
they undertook legislation to make local bodies truly representative. However, the Congress governments of 8 provinces tendered
their
resignations
in
1939 in protest against making India a
party to the war* During the entire period from 1939 to I9^6 {
there was /lovernoth Rule in each of these s provinces without
as much us a semblance -of locei
government*
(radian public opinion was not satisfied with the
minor concessions which the Government of India had offered
to them
The
from
Indians
time i.u time at the iocai government level*
defnanded
self
determination.
The demand • was
i
considered on August 70, 1,910 when His Majesty's Government
. announced their policy of
'gradual development of
selfgoverning ifisticutions with a yiew iu progressive realisation
•i*
of
a
the
responsible
British
i.
i 8 4, "*
government
in India as an
Empire**..'5 A^ a consequence
>'
i , «
,.
f•
of
integral
this
C ^ < \.-KMIS
!
;
< ^: i J .
't
part
of
declaration,
<>i India
Act,
consisting
of trie Council of State at 60, exclusive of (President) of whom
i
25 were to be nominated fav vhe Governor -Genera! and 34 elected.
The Legislative Assembiy was TO Xomht
«*"•'••-'
>* '
*
,•. > t
«> ', "*
"she fnernbera o
not less than
fi'i
. c :•,
,.
from 139 i< tJ •
..
'
<
>
v
,<
of* 1**3 niembers -
_r» , » be nominated? and
; , „!< \LX \< ,3' Jative Council varied
A <-."•< , \
r< \
,c v , » (
^ ^
t
mors than 20% oi
% » «. to be official and< ^ '"* •
r
was authorised to
the remaining seats In his discretion. The Central
and
prmnaciat legislatures wer-s enlarged with a higher proportion
of the elected element,
-~
• -The rules provided for direct election to bom
the
Houses of the Central legislature and to the Legislative Council
'fi
*$<••
; "(A'i
"i < s ,
_
•-
——«—•••
i"!i^ !r%iP".!-5.v~ for election to both the Houses of Central
legislature
was. >c'*yc-!v Uy.~^d on hia.h property
Qualifications
such as payment of $(:'?C!(-'"J irnount o! land revenue. Municipal
taxes, income tax etc* Consequently, the number of
voters
for election to the Legislative Assembly did not exceed ten
iakhs- 90987* to be precise
in 1920 out of a total population
IIK- 'tutixl n,M,fx:r of voters ior election
t o
•
i •
•
, 5not
OfuV
Europeans*«
»> ! <
'i
• <>»
i
- •")'. £
'• ' -t •<:>.'„
> !..<.*'''
' . t-
»u ^1<- KtJi^j'f
'. •'
Seats w t ; ; ( ; ic o .ciorvr-j /,
Brahfnins
lr< Madras and
'
' rther.
was
\.\Aiaii O a isuan;i.
>, "".> separate
-! ,-i
electorate
representation.
!istit'?enci«s for the non-
Marathas
in Bombay. No provtsiorv
was however made for representation of women.
'*..' "
Tt
Legisi •
^> '.»
~i «< t
'"X'.i t
franchise
>
'-'f •• ' <. ' t l '- f
social
>• v'• t * ,i s'*
The
* '
was Jargp-iv based on nigh property qualification aa
in the case of election to A the centra! legislature. These property
îiu^.âitons v/#re however less tha,i those iixed for voting
a! iH:- ei-ccJiun io the Central Legislative Assembly, The number
of persons who were enfrarjehised in !920 was only 5.3 millionsor just over 2% of,, the pepuiatjon or •. 8»S% of the males over
20 years of age*
Direct
election,?
to
the
legislatures
under
the
Act
were held for the first time in 1,920 and then in 1923 and {'J2&.
In 1927 a Commission was • appointed io-inquire into
"...the
development
of
representative
institutions
in
British
India and matters connected therewith." The Commission reported
in 1930 recommending
h.iil responsible government
in
the
provincial sphere in p'lzce of Dyarchy,- but made no substantial
change at
the Centre. As a consequence another measure of
reform, the Government of India Art, 1935, was enacted.
•. The Govemmei.t
bicameral
of
Iiid'a
ftct,
1935, continued
the
legislature contesting oi the Council of Stajie and
Ihf- Legislative Assembly -\i the Centre as had been envisaged
in the Act of 19IS, though with a different composition. The
Council oi S'ia'it was to consist of 260 members, 156 from
provinces wd ICKl from Princely States. Of the 156 scats allotted
tc- the provinces, fc were to be nominaiec! by the GovernorGeneral in his discretion and 1.50 elected directly. One hundred
. & four representatives from Indian stales were to be nominated
by ihe princes. The direct election of the majority of its members
was a departure iron) the then prevailing practice in other
•• federations of the world.
The lower House designated as the federal
Assembly
was to be composted of 375 members out of which 250 were
allotted to the provinces and 123 to the Indian States. Of the
250 seats front provinces, H were non-provincial, assigned to
commerce, industry and labour and the rest were to be indirectly eie-
ted by ihe respective provincial iegîatures on the basts of separate
communal electorate with the addition of separate seats for
womef5~-bf"tl:ie~&y«terri oi proporttonst'Tg'presentatiors on a single
transferable vote basis. The representatives from Indian states
were to be nominated by the princes*
The A,ct provided for bi-oa-merai legislature—Legislative
Councii and Legislative Assembly - in 6 out of ii provinces.
The rest
of
the provinces had • unicanmal legislatures,
The
siz'e qf the provincial
bicameral s unicameral legislatures varied
from state to stats,. The lower House was lo be wholly elected
and the upper House predominantly so. The voting qualifications
fCr
of
£.i"i
)
It.'
l a n e 1 n - ^ . ^ s,
s
ably
under
of
•>,
t
r o
IF*
«' . . ' J l -
•
•
• H
'
f . n r-'-f v
\
(
l
' S
s
t
-'.
tie
' •> < <
ITr-.r ' K
with
J>
T
,<
[] j >
f
«
'
*
l i . ' O t* •
>! '
-i,
v -
','
r(
adult
. .
was
. * rh
Government
of
'
. •>
k
•
,>
t
v o t e adding six million v > * , t»
population
;i , : ,
<• tr<if
v { > > fit*
> '
v
^
,
^t •
- ,
-
*i
>u>
*<^
'
. 't, •
_ »
','«.
• ,
<.
'
u
.-<
<
.•«
t h e A c t of 1519*
The
\ ^.
' »
Governrnes^t of India C Frovinc >
^*
'^w< i
;
. *
*
,
u.
< « ,
•1936, t h e G o v e r n m e n t of India (Provincial Legislative As'se'nbliei)
O r d e r , 1936 and tine G o v e r n m e n t of India (Prcv. : r.eial Electron;:,,
Corrupt
P r a c t i c e s and Election' P c n . ' c n s J
d e t a i l e d provision
to
t h e provincial
'c
: i ' . i^
u ..! ! ^ t r ' , .
(~!.'.\<-t _ :->if- ;n-i.:- -=r
' ' u . va : jc\"J ;i">po*ss ..I ••;(•*. v'or.v
. ' ' " G<^'C;rKOi
ul
;-'C pr . , K : S
w e r e also Oinpovvered to make rules for t h e ' p u r p o s e of oonducL
ol
electionss
in t h e a b s e n c e
oi any provision
to t h a t
effect
m a d e e i t h e r by t h e A c t or by His-.Viajesfcy-in-CounciL
•s.
There
for
was
the preparation
no
separate
regular
election
machinery
and revision o! rolls and the conduct of
elections during the enure period of ikitssh R'.ilc m India. In
fact,
no regular
machinery
was required
till the passage c>(
J-, \y • .
,:V'-
.• •,
;/
, t .'.
- ;
"-,»
*" t - iS?09 {is nomination to the Legis!,„.;• *>y the Governor-General
at
the
Centre and Che re>pectcc Governors , m the provinces.,
The
indirect elections introduced ccder ihe Act of 1909 were managed
bv
•;*:;; it ut ions
such
.M>jmc:;p>;;.;it.ic-ss
as
O.intcn:nc-:.t
District Boards, Universities,,, r'afichuy-ita etc-
Boards,
The Government
of India Act 1919 introduced dh'strt eh-ctiens >;o the legofefures,
but
sn,u
then).
,
"
' • > % . .-• , »
Coufererice
k
•
'
- ' i r"
'•,
,?
was 'Of
•'!>-
i«'
r.
.
•
>
i,
f
i ,
"
~t. '
•,vt^-
v
'^
» *-
"
', >' '
,~
»
j
» *,
-
„ _
fthcuid be e^psuded'K
"
t.
J
'
' •
;J/
- -
-..
,
'
j -
•
be
l
Cf:
-'
'••
»_,„..'.'<'
v
1
:>r,ot:id
'. *
<
I" 11 *
..
•<.
--t^
Jj\v".C'hi.v»v.
,
4'.
•
,
the • v>ew i h a c adar?
.
-
t. '
\< - , - • « '
i .
c.
_
>v>
J
w
the
•, s.
c a t e
'R.epori oi the Csmrnirtee 1932}.
The
Act of 1935 made elaborate pc>vi3ion for dealing with various
facets of the electoral pruce:s*c bin: xaUcd to make a specific
-provision f6r their con'ouct by an authority free i;om executive
cciUrol,
"sdence_ Period
-
--The Jnciian—o-pitnrsrfThe'fft&re
re-memed dbsatftiied _ .wj,lh.
the systerr. of government or election.
The (;-id
oi 'world
Wstv H and the events that followed it, including the advent
of
Labour
Government*" "M England, h6
to the establishment
oi a Constituent Assembly in India to frame a t-:e* Constitution
for the country.
The Founding, Fathers
tranybted
the dreatns of
the
peoplf; of Incki into rc-ahty by covisijtohng -'idia uvto !la sovereign,
GefT.Of.:ratic rcpubiic*1'
They couks nc-i hs-vc tai-c-n ??reaicr care
to en«u t"-;; \o the
country a iuily representative
government
through tree and lour elecuonv which is the sine qua nor, for
a true democracy,
authority,,
from
the
for this purpoie an independciT; constitutional
£iect.;on
Commission,
has been
created
free
The super in i,endeoc':%
c-y5f.-.;(5ot!s, -controi-
dJrectJOf; --.no rorvl.roI of lbs1 preparation of elecsurai rolls for
and conducv o; ejections to the Pariisment and to the k;g«siatur&of a\afj'
Sta*:e arid cl efectiens to the offices of
President
<'<~ •» .' - . ,.c e *.- . vested in the- Election Commksioru
zv f,
guarantee
free
elecilcns.
t
i
,{'.«*
v
>- I (. v'
'
'
^*
»
pcrated in the Chapter on fundaments.! righrs.
Committee
of
the c
r .«• • .t
5
the crccition of an it*
.t »
* t
t
.
H
> -
The Advisor}-'
<•'
> ;"><S"n
I
agreed 10
' b IT suggested
its incia$;f>.i in a separate part of the Constitution.
The Union
Constitution Co^tmh.tee accepted this, suggestion and ' included
it in P a n XV.ci viie Corib?1tutJon4
ior
federal
•*
arui provincial s:lecticns.
Federal ejections were
-to be tinder the Election Co'-nmisîon and the nrovinciai elections
.15,
under the Governor.
Dr. &,R» Arnbedkar, Chairniaii of the Drafting Commhfee f
moved- an
amendrnent
lo
centralise
the election
machinery
in the hand;:; of a. single Commh,s!or. to be assisted by Re^jond!
-ConiiiHSsion^r?:
15,
wori'.Hui
CownMueni
ii^G^r the
Asscrnbiv
.^'.spervisiun, c?ir«.r(.:tlon u"K*
Debates,. VoiJV.
D.97..
control of the iliceiion. Coi'mnissiGn and not under the control
of the State as envisaged earlier.
,
.
'
•
Dr. Arnbedkur explained that centralisation of election
aditunisttation
justice
in a single body was necessary to prevent in-
by the
provincial
governments
",o people other
than
vho-jc who bcton«ed to the province raoaiiVi linguistically and
16
"
.
.
.
.
.
culturally,
'
The indopertdence
of ,ihe
Commission
is - ensured by
an express provision in anic-ic 32^(5) of the Constitution itself
thai
tne
Chief
Election Comrftissioner
shall not
be removed
from -his office except in like manner, and on the like grounds,
as a judge of the Supreme Court and the conditions of service
of the Chief Election Commissioner shall not be varied to his
disadvantage s i t c r his appointment.
Thus." '& 'Chief
Ejection
Commissioner
shall
not--be.
-removed from his office "except by an order of the President
passed after an address by each House of Parliament supported
\c
, "l
i
.k
.
<
< J 'i
•
i^f ^
»
i
i
r
h<.x House and by
. i ,'
t.
. u
> members of that
t. . t
't
the President
ITB the same session for such removal on the ground of proved
misbehaviour or incapacity."The
independence
of
other
l£ section
Commissioners
is also ensured by providing "that ony ether Election Commissioner
i6, Constituent AêmDiy Debates, Vol.VUl, pp.S05-906.
or a Regional Commissioner shall not be removed from
except
on the
recommendation
oi
the
office
Chief •, Election
Commissioner."
The Election Commission is-iridependenr cf the Executive
and
the powers of the -legislature are also circumscribed by
constitutional
provisions.. The powers of
legislatures to make
327 £ .
was
laws on electoral
k
i
*t
i)
"
tr
>„* , s.
,.
».] V's* e l e c t i o n
•
Cornmissicn.-''
•
•
' .
', •' i
v
m a t t e r s under Articles.
' * (J, >•' -. vif ai Article 32%, This
•• -t
c« \,
the Union and State
i-.^
•<
J
< • L su
I ' i i t o . of u n i v e r s a l
.adult franchise under article 326 - Irrespective of colour, race,
se^
lr,
t!
- , (t -i
ih *
i, .*
«j
.ton
f
provision oi
restricted
•> »-"d on property, payment
of taxes etc., during the British Pefiod, Th.it was a'bold step
indeed considering the phenomenal size of the electorate' and
:
a high percentage of illiteracy, in the
Constituent
final
speech
to
the
Assembly, the President said that in' making these
decision* they had indeed taken "a very big step." - He went
on?
"I em not dibrnnyed by It*,.. I know the v id Sage people
who will constitute- the bulk of this vast electorate
in my opinion, our people possess intelligence and
comrnoftsense. They also have a culture vHsich the. sophisticated may not appreciate but which is solid.... They
are able to fake measure of their own interest and
also of the interest of the country at large if things
arc explained to thorn.* **
17. AIR 1972 SC 18?
18. Morris-Jones, Parliament I n indies 1957, pf>» 93-9^
- 120 «
The
conJVnmm.
<:i universal
.duh
franebiso
was
an
a c t of faith in ilu- suih'/e i / i i c ' i i ^ r n o e ann s>raetiea! co:; s mon;>onse
of
tbo
more
by
Indian
than
eioolor.
jus! i Heel tho
i.'xoreisii!}' 1ic:ir
Tin;
Indian
faith
reposed
electoun
eieeiors
huvc,
oj
in. [horn over
opiions
in a manno!
course,
;ho yeai\s
convincing.;!)'
i n d i c a t i v e of n o ' i u c a ! t u . i t u r i t y .
it is sigiufii\tKt here
7uG ycavs
to
siticc
iniro<fuce
to obscrv<'- Dial Engian=i look n e a r l y
1
IIH suUnôrunjr
aduiE
Ir.shcfH'U'
of
in
nj'f'.t
to
domooi'i'rhA
havo
women
Moswe
Dcsh
in
in
!y?2, Kanqnuivvi
RcpulMir of
Vt-Hior:
ant? CAprus
19';V.
Kuwait
In
nUnit ol t h e
io
end
Swilxvslmd
i 9 / 6 , 3otdon
i U / ? , r.<jira?ortai
' Wouian
\c)'iHt
19?$, France-
I'-o'l
lia-hrain. O m a n ,
periods
hitter
extend
the.
The lAjsited S t a l e s p a v e votui|: rij'.hf
1920, U.K.
1962, Libya
foUjv"
in ! 2 6 ^
loo :«ik;r
IIK- 20i!« c e n t u r y ,
ialvcri
if» v o t e t o w o m e n .
l-'jtfhuuif-iit:
i l ' / S v;n<1 ?hui
strui:n'(•'. in 5ln- f.\<rly yours of
other
(uofio.!
suii
l f ^f6,
3,\\M\\
h\
1960, f\s;;^L'<
I'l'/H. Vcupic'i.
V'e\i\ovratk:
CuiiK-a
I9S2, Zau'ibia
clo noi enjoy
Q..?t,.T, Saudt
Arabia
i% j .'
votin;; r i g h t s
and Uiiited
in
Arab
Ennralo;,,"
Another
ek-oioial
roll
change
In
liuiuc
comrdHi
was a provision
to
sepauno
lor one
oommunai
and
general
special
roHb i-i>;ior t h e British Rule,
The
h
haffvd
interi'eionce
by
by As lick- 3?v.Hh),.
iiio
ooui i:;
in
electoral
process
The Supreoie C o u r t had i n t e r p r e t e d
i,n H,\\ pi.xn.i>wa;tii y;>e i l e j u r n i n g O H f c e r , Narnakkal and o t h e r s '
that the t e r m election "uued in this Article would include the
entire process horn the notiiication of election to the declaration
of
Ihe
calling
the
result".
Accordingly»
uporr a constituency
after
to elect
the
issue
ot
notification
a cnen'iber to any HXJ'SC of
Icgisiatu'c,' Uuoji <or Slate, t!x> e!ccfor c s!
proc - ess
falls
beyond
19. AIR 1952 SC 6?*
*
Handbook of Internationa!
Eiisc P,250-251.
Data
on
Women
-
Bouldsng
k
t h e j u r i s d i c t i o n of any C o u r t
cars
be
made
!>houW b e ,
if
only
through
we a r c
> <«
L
.• <
to guard
•>i u c h an
' , >-
< JU I'Ori'Oin
against
ejection
This
machinations
is, a s
by
i n t e r e s t s to t h w o r t or s u b v e r t e i e c h o n s an one p r e t e x t or
it
vested
a n h
Artie ic 32fi nas equipped the Commission with plenary
powers in the matter oi elections,.
These are supplemented
by the Repro&csUauon of the People Act, 1930 (with respect
to the preparation and re-vision of electoral roiis) and the Representation of ihe People Act. )9>! (wifft respect to the conduct
of elections) and the ruirs made thereunder..
gK'cn to Par!;an?cnt
o'eefcion
Article
nnd State
matters under
T'lkt
i\'\ othc-f
Fryer? the powers.
U:-j?jskiluiT-s vo make • laws in
'3.?? a:sJ
Articles
32& are subject
w o r d s , t h e \v:'\î'-:''ii iyovjci:-.- oi
the
to
Corn-
mission cannot" ;>,- w h i u i v d do^'n by ^r,r/ ;.j:i»islau'):i of Parisa:nv';it.
T I K V .foSiowifn;
(ibborvvit.o'is

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,
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r :
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f>
for these people to be brought on an equal footing with the
other people* Accordingly, Articles 330 aisd 312 have provided
reservation of seats in the Bouw? of the People and the State
20, AIR !9?S SC
Legislative
Tribes.
AssembHtss
that
cont?v;t-j::i;r.vv
\ol • adr-qualPtv
»
1 J !'
" " I
.Scheduled
SirmlirSf. arovision ha.s been
member:; Irotn" tK\
"
for
.
'
represented
ip the
. ' i
t
House
»
it.
' ..
" "I
.
M.
,
^
tirot*
l!590<.
v
'
t>
!
i •
,. .
»?
< >, •,
\-
.
.for
"
The • Commission
Rctisrnsng^ Officers
;*ppO!rn,s
Retorting
Oii'icers
and
Assistant
for the conduct of cicciions. The Db;-i:r';-ct
Election Officer 'is the appointing authority for
the
Presiding and Polling Oijio-rs and atherr. required-for the coA-dUCf
'1
of election, /
'
/
w <
v >>
<> t u *
<•*
,
>t
•
ir..*
>.*•;!
State
Uigation
' •« , <t , "u- independent 1
* qu.
.
.
i
,
•
HI.
such huge
under • the.
"> .,
.
sio-c;or,':f
::
Mr.tr-
,>/•'•
•:• l»c.u»u-
vw-.c-m'it
.• b e
i"> r -i*-=,
too
perform
duties uncler th :•• c o n t r o l ot t h e CdiiuTussion b u t t h i s
control is lor a
tempora y p e r i o d . Dc:»prce trsherent iurti t a t ionsv
it must" be said a> (airne :i m h t a t e a d n n n i s f r a i i o r i s that
t
i > •
. '
>
* . . 1
. -
!( M
•>'*>
ft.
•>
v.
i O " ^ 'i
>
•
> >.a , (
Sutv
,
.<•
L
except
v
<
'I t y t .
I I ) .
has sought
i
dci-fiiction
ecied with
election.
If I were to refer to FroL Tata V&nhane's paper once
a,gasn, he pin-points some mai-functions, as he perceives them
in the Indian electoral
hsghty
unfair
;',ysf.^fn.
representation
of
Tn^ ie 5 according in him, are
mc^t " politics! parties
in the
PariUuvteri?- e nd State legisisiTrrssr tiic \.hfcr»K: >n&FabHty
of the party iy-stem:, the cor.tip.uCHis detccvioa ot the iepisiators
from
one party
to another
and cxirfrui^
under-represeniation
of women In the Parliament and State Legislatures. Defection
has afready
been taken. • care of and statistics show that the
representation of women in the Legislatures has been progressively
increasing as some o£ tlsc iiolSov.;;,nji iigucv1^ will show?
i.
197?
70
.• 2.
I9S0
Sft2
3.
198*
I6«
This
does
not
the pert ^ntagvi of women's
- - of
.
'
i9
'*%
2S
>%
¥i
compare
very
representation
5 in ILS.A,, and 10 in nusunu,
'
ll
?%
unfavourably
with
in national legisJaturcs
...
3uSy-.22a 1985)
In o •." i xa gci over the lir.vi c e / e c t s the auihor
, supports the system o i proportional
of
the
more
funda.'aentaJ
changes
reprcêntafioru
suggested
That is one
by hitn
for
the
improvement of the Indian politico! sy&tem. In terms oi s t a t i s t i c s .
"~the following should be oi Interesi; '
vatet.* of |%votes % at
l
at ipoiledlseat
|won
Party
1
i , I.K-C,
2. Janata Party .
% vote § % om% votei> vti% votes % |% vote|% ot|% v®tef% of 9% votel%of
|polled|seat|poii.sd|seat|polle£| of §po'lledgsedt|poliedtseat fpollediseat
§
f
5 won
won
;.0won»
X
45,00 -74.43 47,78
-
-,
«
75*10
44,72
-
S
73.08 40*73 54.42 43«66 67*95 34*52 28*41 42,68 66,79 49.07
-
-
-
«
«
41.32 54,43 18,93
5*88 6,90
78,5^
1,95
3. Er-artlya Janta
Party
4« Isif Dal
- .
•»
-
-
-
-
»
5*98
0,53
-
1*52
0.76
S* Indian
*92
5,46
9
.-
.
4,42
4*73
4,44
2*82
1.29
2.59
2.09
2*75
I.IT
3.65
Sol.2
4.82
4,29
4.05
6.J6
6*33
5,80
4*32
* 12? -
if one were to go merely by statistical considerstions, the contention of Prof, Tatu Vanhanen would seem to_
be fully supported, At the time the system was debated in
the Constitutor^ Assembly*' this suggestion was not accepted
a/id Nehru had observed that he could "trunk of nothing more
conducive to creating a feeble ministry and a feeble government
than the business of electing them by proportional representation"*
Sardar Pate! accused proportional representation of "fostering
a, multiplicity of parties and shifting coalitions,"
We have gone by the U.K.- patterns accepting
the two basic principles of first-past "Lhe-po&t system and
single-member
constituencies.
In LUC
fhe f H«r;sard
Society
analysed the short comings of the liritish system in 19/6 and
proposed an 'Additional Member System5 similar to that used
in West Germany* This recommendation however has not been
accepted. My predcessor had also made a similar suggestion.
in my package of recommendations; ! did not. agree with this
recommendation for the following reasons?
(0
-
^ f n a huge sub-continent like ours with a federal
system, what.-is needed most is political stability and a strong
Central Government. Any. other system of election
would reduce
not only the chances of stability but could also lead to weakening
of the Centre;
(2)
When most .of • the 7 national parties recognised
as such under the Commission's Symbols Order have -itilt to
ipread their base in a number of States, the pattern of represent
:ion would in fact become more regional than national an
d stall the emergence of reai national parties.
[3>)*s
By and large, the will of the people has bee.
tuiSy reflected in the past in the choice they made and therefore
it ' cannot be argued that a change-, if. necessary, cannot bt
brought about under the existing system,
In fact
s
the experience over the last 30 year: |
has established beyond doubt, as stated by the President ir
hi$!985 Independence. Day message; that elections in the country
have strengthened the roots of democracy and have re-invigoratec
the system.
rent Status:
•
•
The election law of the country is substantsvely
covered by the Constitution, the Presidential and Vice-Presidential
Elections Act 1952, the Representation of the people Act 1950,
the Representation of the People Act 1931 supplemented by
the Registration of Electors Rules i960, the Conduct of Elections
Rules i.961, besides several minor laws to take care of special
problems o! various- Stages and the perceptions oi the various
State Governmentsjvith respect to the-prevention of • disqualification of members o! legislatures. The Election Commission also
in exercise of its legislative power, has issued the Election
Symbols (Reservation and Allotment) Order,
196$, besides a
large number of regulations for the guidance of the electoral
machinery.
-
129 -'
It is not necessary to go Into the details of the
provisions in Us:; Gxisttfutksv' Cisstitiiticrej oroers csx* the various
Statutes but suffice it to say mat the entire legal edilice has
been built up on the twin articles of faith viz individual freedom
end change through peaceful means through the triple postulates
of -.
(a)
an enlightened electorate within the frame
work of Universal franchise
Cb) rectitude and fair play on the part of Individual
candidates and political parties;- and
Cc): an independent neutral electoral machinery.
Elections minus their purity can at best be a facade lor democracy.
Our Saws to a great extent provide the wherewithal for the
attainment of the objectives,, though recent experience has.
shown that certain structural changes are needed to curb the
growth .
of some of the unhealthy trends.
Strange though it may seem neither the-Constitution.
nor the election laws, initially, carried any reference to the
term "political party". Theoretically, an' election contest is
among individuals .even though in actual practice, many o!
the candidates are sponsored by political pasties* It became
accessary
for the Commission to recognise political parties'
for the purpose of allotment of symbols, which are considered
necessary for the identification of candidates- of their choice
by
the
electors-
Accordingly, the
Commission
promulgated
"the 'Election Symbols (Reservation- and Allotment) Order. 196$'
in exercise of the powers under Rules 5 and 10 of the Conduct
•« ISO a.
o! Ei'ec.uons Rules* 1%L
Under this Order, the Commission
urcscrib'j'd nornss lor registration and recognition ol poiitical
parties, it also-decided deputes among reortgnised parties under
the Ore!'.;!". Tiie Suorvue Court' has treated this as" a icgai selfcontained coci-\
The term Apolitical party % later on, found mention
i.n the Registration of Electors Rules, i960 in the context of
free supply of copies of electoral roUs. Still Later, in i9?^ }
the term "poiitical- party1* was
^
s
Act, 1951
when an explanation was added to section 7? of that Act to
eianiy
f
ha.': the expenditure incurred by political parties' was
not a part of the individual candidates expenditure* In order
to get over the difficulties created by the judgment of the
Supreme Court. In Kanwsr La! Gupta Vs. Arnar Math Chawla
and oxhC'j'S,£Fcr the first time the term was introduced in .the
Constitution when the Tenth Schedule was added by the Constitution CFiity-Second
Amendment) Act,
1985» This
Act
made
•detection a disqualification for membership ol Houses of Parliament and State Legislatures
t is worthwhiie recapitulating- some ol the salient
features o! our election
laws. The constitution
unequi-vocaiiy
provides for the freedom of the individual and a method for
effecting change .peacefully (at a time when the Indian society
is in- a state of perpetual change) through the establishment
of a parliamentary -democracy in a federal polity with the ultimate
* WP No. li?n\i
1985 (Kanhiya Lai Omar Vs. Shri R.K, Trivcdi
and others) decided bv the Supren>e Court on ?A,$.i^SI
.*
-
» 131 «
sovereignty vesting in the pc-ople. It also provides for a free
choice of thdr representatives through adult suffrage. Reservation
for
scheduled castes, scheduled tribes > faicarn£r>3! legislature
at the Centre and in some States and a commitment to encourage
democracy at the grass-root level constitute the other highlights.
A wordj In passing,, about this last commitment,
Gandhiji had all along emphasized decentralization of power
and strengthening oi village self-Government* Article W <>f -~
the Constitution translates ras vision into a Directive Principle
of Slat'; Policy only as far as panchayais are concerned..
The Constitution
abo
establishes
the
Election
Commission as an autonomous authority independent 9! the
executive'and bars the jurisdiction of the courts once the process
of election commences.
The
Representation
of
the
People
Act,
1950
and the Representation o! the People Act, 1951. accept the
British pattern for a single-member constituency coupied with
the first-paswhe-post system. The former law deals basically
with the preparation of electoral tolls, The experience in Assam
should reinforce the need for extreme vigilance even in matters,
which .in the normal course should have been no better than
a routine exercise.. The latter provides legal sanction Cor the
actual conduct of election making specific provisions to maintain
peace'and order during elections, to ensure dignity* or fairness
of electioneering and to'- enforce neutrality of 'civil service.
Article
i6S of the Constitution provides lor bi-,
camera! legislature in 5 States (Andhra was dropped recently)..
Article, 171 provides for representation of local authorities
in the Legislative Councils of these States. The following table
will show that in a majority of these States, the seats allotted
to the local authorities remained vacant for long periods ranging
up to II years;
Name of State
No. of seats
vacant as on
30,6,85
Bihar
34 •
Total
seats
No. & Name of
constituency
%
Local Authorities
•yet to be- constituted.
i
Karnataka
. t i
63
Maharashtra
16
1%
- do -
Tamil Nadu
21
S3
- do -
Uttar Pr
39
108
- do -
•
•
.
•
- do ~
As on ,30.6,$5. Ikl seals out of a total of W s e a t s
remained vacant in the various State Legislative Councils.
the intention of the founding Fathers was not
only to provide representation to special interests in the Upper
Houses but also to strengthen the democratic process at the
grass-roots. Unfortunately, -the elections to many of the local
auihontês themselves have remained suspended for long periods.
According to a memorandum, the AiS-India Council of Mayors
presented to the Prime Minister in I9S3, out of 66 corporations
in the country, hk remained, superseded for periods up to 14
years. To give only two glaring' instances Simla and Madras
Corporations remained superseded for
20
and
12
years
respectively, in fact ,u> the case of Simla, Supreme Court
- 133 *
had to order elections fa^y 31,3.86 under the new, law. As of
no significant improvement has taken place and
now,/^2 out of 73 Corporations are still superseded Similarly*
in m-day States, either the zlls, pan-shads remained superseded
or no ele,;nons w^re held for
long periods,
Interestingly {
according . v> mfui maiion . available, panchaya? elections and
elections to other Soca? sell-governing bodies were held recently
orily
ih the [oHowsng States/after a lapse of 10 to 12 years:
Uttar
Pradcsm Karnataka;.
Bihar;
West
Bengal,
, The ohove is adequate to prove that so far we
have oaid only Up service; to the concept of self-government
or detriocracy at the grass-roots, -The ideal polity of Gandhlji's
dfcovc; ;? yet to t e ,
V'ith a vi€'W to rnalntaining purity of elections,
the •'tepresentatlcn of
People
Act,
1951 provides for
the
provciitjofi oi c-' rrupt prac;'ic«; and eiecioral offences*
There arc- at present eight categories of corrupt
practices cnurncarcd. in this Act vi;-;. (S) bribery, (2)' undue
iniluenre. (3) appeal in the name of religion, race, caste ?
conuaunity or language, C't) promotion of feelings o! enmity
or hatred between dilfe'rent classes of the citizens of India
on grounds of
IYJCO,
caste, ronrimunity and language, ()) character
assubSiiiation, i.e. attackinn the per son oS choracter or conduct
of a candidate, (6) hiring or procuring oi vehicles or the use
(
• thereof for free conveyance of elector to and from the .ôiling
/'
'
bootlis, (?/ incurring election expenses in. excess of the ceiiing
prescribed by Saw, ancMS) obc-;uiung or procuring the assistance
of soe'dfied categories oi persons in the service of the Govern- '
orient for the furtherance cf the prospects of the election
o! a.fcandtcfete.
"
'
;•'
Many oi us may not be even aware of the existence
of more tr k-5S analogous previsions in the Indian Penal Code
in a separate chapter IXA, dealing with olfences relating
to elections. This chapter treats bribery, undue influence,
impersonation, character assissination, failure to keep election •
accounts, illegal payments in ' connection with an' election,
as electoral offences. It is rather unfortunate that
these
provisions have vlraeUy remained a dead letter ail these
years on account of enormous inherent difficulties in bringing
the culprits to book*
Two different consequences llow from the commission
oi corrupt practicesc ' Ccntupt practices; committed by the
candidate or his election agent cr any person with the consent
of the candidate or his election agent are visited with serious
consequences as compared to those committed by a third
person without the consent of the candidate or his election"
agent in the interest of the returned candidate, In the first
event, the Saw provides for setting "aside of the election of
a. returned candidates irrespective, of the actual effect of
the corrupt practice on the electorate.
Under the second
-category,'the? election of the returned candidate would become
void only if the court finds that the Commission of the corrupt
practice in the interest of the returned candidate materially
affected the result of thcclection.
A candidate found guilty of a corrupt practice
is also liable to be disqualified for standing for election or
for voting" for a period not exceeding-six years, from the date
of the final order of the court. Under the old provisions of
law, disqualification
for six years was automatic but now
it is imposed by the President only after a reference to the
Election Commission, whose advice is binding. Thus a civil
incapacity is also imposed under the law.
There is no gainsaying the fact that the process
of'-challenging an election on the ground of commission of
corrupt practices is dilatory by its very nature. The aggrieved
party may not have the wherewithal to prosecute the case
in a court and pursue it to its logical end. The remedy available
against • corrupt practices by filing an election petition can
be availed of only after the candidate has been declared elected
i.e. when the damage might have already been caused. There
is also a right to appeal to the Supreme Court on questions
of fact or Saw- This is again a time-consuming process. During
the pendency of the case in court, the elected candidate who
committed the corrupt practice merrily continues as a member
for a period that may sometimes be co-terminus with the
life of the House itself, depending on when a petition is finally
disposed off. Statistically speaking, to give only one instance,
S out of 59 petitions relating to Lok Safaha elections of 1980
and 33 out of 211 petitions relating to 19S0 Assembly elections
remained pending even after
198'?/1935 Lok Sabha/Assembly
elections. A majority of the petitions were disposed of only
in the 3rd or «fth year of filing of'the'petition. The figures
below sriow tk* time taken in disposal of
cases before High
Court/Supreme Court as on 3une 30, 1985;
High Court • Supreme Ceairt
A..,
Less than one year
1-2 Years
2-3 Years
3^9
•
93 .'
'
3-4 Years
Over k Years
Ik
.
1* •
7
! . .
-
3
27
6
This factor itself, apart from other reasons, discourages the
aggrieved person from
approaching
the court
for
effective
remedy.
It would be interesting to know that in U.K., over
the last 100 years, no election has been set aside on ground
of
corrupt
practices' committed
by
the elected
candidate.
it shows'the political maturity of that country* The electorate
and political parties there 'make conscious efforts to adhere
to the rule of the game and this
is
worth
emulation
by 'us.
Keeping this, in view and on the basis of the past
experience; the Commission has recommended td the Government
various
legislative .measures. One
such recommendation &
that if the Commission is satisfied of the */ide prevalence
of coercion, intimidation or any serious corrupt practice which
has vitiated the election in a particular constituency, it should
have -the power of ordering repoil in the entire constituency
after' an enquiry, ff such a power is. vested in
the
high
• 137 *
constitutional authority of the Election Commission, it would
produce a salutary effect
on the candidates and political
parties attempting to adopt foul means at elections. At present
the law provides only for a limited "repoTl only in the case
of destruction or damage, or tampering of ballot box or ballot
papers. It does not meet jsituatjons where other, kinds of corrupt
practices are perpetrated.
The joint Committee on Election Law constituted
in
1973 made recommendations
for
making two
different
kinds, of corrupt practices viz., corrupt practices and illegal
practices according t© the seriousness of the lapse. Out of
the 8 categories of corrupt practices referred to earlier,
the two that were proposed to be included as illegal practices
were (1) exceeding the limit of expenditure, and (2) illegal
hiring of vehicles. But this recommendation did not materialise
into a legislation on account of the dissolution of the House
of the People at that time. Actually such a categorisation
of minor and major corrupt practices which also originally
existed in the law before 1961 but was subsequently changed
doing away with the differences, does not serve the desired
object. Therefore, there is no point in reopening this issue.
The more important electoral offences enumerated
in the Representation of the People Act 1951 ares(1)
promoting enmity between different classes
of
people
on
grounds of
caste, community or language;
religion, race,
-
(2)
contravention
public
13t
of
meetings
-
prohibition
within
of
^S hours
holding
before
the close of the poll;
(3)
disturbance at election meetings;
{*}
prohibition on officers to influence voting;
0)
breach of official duty;
(6)
prohibition of canvassing in or near polling
station; and
(7)
meddling 'With
ballot
papers,
boxes
etc.
Statistics so- far available do not indicate that
these offences are widely prevalent. May be, they are -not
seriously taken note of and penal action is not set in motion
in every case of violation.
The Commission, however, recently took serious
note of certain lapses, on the part of a few election .functionaries
which
cast grave doubts on- their impartiality. To deal
even with such rare cases effectively* the Commission has
recommended that the powers of taking penal action should
-vest with it and not in the Government exercising administrative
control over them.
As a matter of statistics, few prosecution have
been launched against electoral offences. Corrupt practices
jcajy^be questioned only through an election petition which
somehow tend
to
be
extremely
dilatory
and
following
recommendations have been made to get over this problem:
(a) appointment of additional
judges to
enough regular 3udges for disposal of petitions after day-today heating.
(b) Earmarking of judges" so * as "to
'".develop
expertise which in turn will help expeditious disposal,
:
>
•^tc) Disposal within six months as iar as possible.
'
lmportant_3udjc|al.
decisions
\
" The various election law have
been
supplemented
by the learned judicial pronouncements of the High _ Courts ^.^
and Supreme Court, coupled with innumerable instructions
and directions issued by the Election Commission itselif. These
judicial
pronouncements
are
necessarily
$upplementarp'~arir3 "~
have in a way provided ciothings to the body of statutes created
by Parliament. According to Maxwell a statute is "the will
v
o! the legislature", but this will of the legislature on many
occasions may not be brought out clearly in the statute* leaving
scope for doubts. It is the function of the courts to bring
out succinctly the true intention of the legislature by interpreting that document 'according to the intent of them that made
i t - S u c h process of interpretation bringing out the intendment,
of the legislature helps not only in removing any ambiguity
or doubts in the enacted laws but also helps a common man
for whom such iaw is made to understand precisely how that
law will work in actual operation. To cite an example from
the election law, it is provided in article 329{b)of the Constitution
that " no 'election to Parliament or State Legislature shatl
be called in question, except by means of an election petition
2S__&__22. Maxwell on interpretation of Statutes,
12th Edition, p*K .
presented to such authority and In such manner as Parliament ,
may by law provide". A dispute arose as soon as the first
general elections were- held in India regarding the meaning
•of the word 'election' as used io the said article. Necessary
clarification was provided in 19,52 itself by the Supreme Court
in their decision reported as N.P. Ponnuswamt Vs. Returning
' '
2^
23
Officer, Nammakai and others! The Supreme Court observed
in that case that the word 'election' had acquired both a
wide and a. narrow meaning, in the narrow sense, it is used '
to mean the final selection of a candidate which may embrace
the result of the poll in a particular candidate.being returned*
In the wide sense, the word is used to connote the entire!
process culminating in a candidate being declared elected.)
The Court took the view that the word "election" .has been
used in Part XV o! the Constitution [which contains Article
329(b)3 in the wider sense, that is to say, to connote the entire
process to return a candidate. That decision which has been
described by the Supreme Court themselves as 'locus ciassicus'
in Mohinder Singh Gi!l Vs. Chief Election Commissioner and
Others decided another very important and basic principle
of election law which has always been upheld and followed
by all Courts in India ever since. The Supreme Court decided
in that case that once an electoral process had started it
should not be interfered with or interdicted at any intermediate
--stage by the courts-even by'-the-High Courts acting in exercise
of their extraordinary jurisdiction under article 226 o! the
23. AIR 1952 SC 6*.
2k. AIR 1978 SC 851
constitution.
This golden principle of our election laws has been
the guiding star for ali the subsequent judgements of the Supreme
Court and the various High Courts on "this question-
In the case
of Mohinder Singh Gill (supra), the Supreme Court again reiterated
the above views, summing up thus i "the word 'election* under
articis 329(b) has a very wi"de^"cbiTno'fatTon~commer»cing from "the
Presidential notification calling upon the electorate to elect and
culminating in the fina! declaration of the returned candidate
and that article 329(b) is a blanket ban .on fitigative challenges
to electoral steps taken by the Election Commission and its Officers
for carrying the process of election to its culmination in the formal
d e c l a r a t i o n o f t h e /result*'* I n t h e c a s e o f A . K A L H a s s a n
•
25
'
~ ~~ '
y ^ a f p
~~
Vs. Union of India > popularly known as the West Bengal Electoral
Rolls case* the point arose whether the preparation of electoral
rolls would also be considered as a part of the election process .
within the meaning of article 329{b) of the Constitution.
In their
detailed judgment recently pronounced on the 8th May ,1985 (though
the matter was dismissed by the Supreme Court by a short order
dated
30th March,!982) the Supreme Court has observed
it might be difficult
to hold that the preparation and
26
that
revision
of electoral rolls- are part of 'election' within the meaning o f
article
329(b) of the Constitution, , but observed that it would
be difficult
to formulate a proposition which would apply to ail
cases alike and the fact of each individual case might have to
be considered for determining the question whether any particular
stage could be said to be a part of the election process in that
25, Transferred Case No.3 of* 1982""
26. 1982 (2) SCC 2U
case. This latter observation obviously applies only in relation
to those stages in the election process which are anterior to
a writ notification for election. The process of election set in
•motion by the writ notification and culminating in the declaration
of result of election is undoubtedly the 'election' as contemplated
under article 329{b).
A similar doubt also arose whether the word 'election'
as used in article 71 which provides that all doubts and disputes
relating to the Presidential or Vice-Presidential election would
be decided by the Supreme Court, has the same meaning as in
article 329{b). This controversy was also set at rest by the Supreme
Court in their 'decision reported as N.8. Khare Vs. Election'
27
Commission of India and the Supreme Court held.that the word
•election' in article 71 also connotes the entire process of election
culminating in a candidate being declared elected and that any
doubt or dispute relating to the Presidential or Vice-Presidential
election could be raised only by means of an election petition
ft
to the Supreme Court after the entire electoral process'"was
completed and not at any intermediate stage.
The decisions of the Supreme Court and the High Courts
rendered over the last several years have also greatly helped
the Commission in invoking and exercising its
plenary powers
of superintendence direction and control of elections to Parliament,
etc., as vested by article 324-of-the Constitution. The Supreme
24
Court has held in Mohinder Singh Gill's case (supra) that article
324 of the Constitution is a 'reservoir of power' for the Election
Commission for exercise of residuary power, in its own right,
as a creature of Constitution in the infinite variety of situations
that may emerge from time tp time in such a large ti
27.
H Fi™" r r
« 1 <% 3 <•
Situations may^ arise which enacted law has not provided for,
as iegislators are no prophets but pragmatists and the Commission
may be required to cope with some such situation not provided
lor in the enacted Jaws. To tackle such a situation, the Court
added, "the Chief
Election Commissioner has not to fold his
hands and pray to God lor divine inspiration to enable him to
exercise his functions or to perform his duties or to look to another
outside authority for the grant of powers to deal with the situation."
Article 32^ takes care of such surprise situations and operates
in the areas left unoccupied by legislation. The court, therefore,
upheld the power of the Election Commission to. direct a repoSl
in the entire constituency If the circumstances so warranted,
though the enacted iaws did not confer any specific or express
power on the Commission so to do.
The Supreme Court in the above referred case of Mohinder
Ik
Singh Gill has also held that article 32fr> on the face of it, vests
vast functions in the Election Commission which may be powers
or duties, 'essentially administrative and marginally even judicative 1
or legislative'. Such* marginal legislative power of the Commission
has been recognised by the Supreme Court even in some earlier
cases also, like, -Sadiq Aft Vs. Election Commission of India &
Others. In this case, some of the provisions of the Election Symbols
(Reservation and Allotment) Order, I96S framed by the Election
Commission in exercise of its powers under article 32^ and rules
5 and 10 of the Conduct of Elections Rules, 1961 were challenged
and the Court upheld the validity thereof, thereby recognising
the legislative power of
theCj^mrnission.
Even
Parliament
subsequently gave recognition, though indirectly, to this legislative
power of the Commission •I'hen it provided in 1974 in section
•77(1") of the Representation of the People Act, 1951 th«* - ,-->•• •
party for the purposes of that section shall have the. same meaning
as in the abovementioned Election Symbols (Reservation and
Allotment) Order, 196S, as for the time bei^g in force, which
has been framed by the Election Commission "m exercise of the
said legislative powers. The above case of Sadiq AH also recognised
the Judicative power of the Election Commission in relation to
*
the determination of disputes between the rive! splinter groups
f\
of a political party. The Supreme Court in the case of All Party
29
Hill Leaders' Conference Vs. Capt. WA Sangama categorically
held that while deciding such disputes the Commission is a judicial
tribunal within the vmeaning of article- 136 oi the Constitution.
Apart from deciding the controversy relating -to
the
jurisdiction of the High Courts under article 226 of the Constitution
and the bar on the exercise of-such jurisdiction in. electoral matters
as clamped by article 329(b), the decisions of the Supreme Court
have also settled the question of respective jurisdictions of High
Courts (acting as election tribunals) under a n k l e
329(b) and
of the President and. Governors under articles 103 & 192 of the
Constitution on the question of disqualification of persons for
—being chosen as, and for being, members of Parliament and State
Legislatures. As early as in 1953, the Supreme Court demarcated
- t h e i r respective jurisdictions in the case of Election Commission
30
Vs. Saka Venkata Rao. The Supreme Court drew a clear dividing
line and
held that the question of disqualification, of any person
~~*ffd~rtT~whTcft "Tie~was suffering at the time of his elect ion. or prior
thereto,
i.e. the ouestion of Djêiec^tjon
29, AIR 1977 SC 2155
30. 1953 SCR 11 Uk
disqualification,
could
•i 145 •
be raised only before an ejection tribunal (now the High Court)
by means of an election petition and that
any
question
disqualification to which a member o! Parliament
or
of
State
Legislature became subject after his election, i.e., the question
of
post-election
disqualification,
couid be raised only before
the President in the case of members of Parliament and before
the Governors in the case of members of the State Legislatures
under article 103 and 192 of the Constitution. Thus, whereas
the President and the Governors cannot enquire into the cases
of pre-election disqualification of members of Parliament and
State Legislatures, the question of post-election disqualification
of such members cannot be gone into by the Courts, f may like
to add here by way of clarification that the questions of postelection disqualifications of such members are in fact and in essence
enquired into by the Election Commission as the President and
Governors in such cases are enjoined upon by the aforesaid articles
103 and 192 to obtain the opinion of the Election Commission
and to act according to such opinion in these matters.
t
The procedural aspects relating to the preparation of
electoral rolls and the conduct of elections have also been the
subject matter of interpretation by the Courts. For example,
the Supreme Court has helo that the electoral roils once published
become final and the finality thereof cannot be called in question
in any election petition and the elections! held on the basis of
these rolls, even if defective, cannot be questioned or declared
void on that ground. In a recent judgment pronounced
on the 8th
31. lnderjit Barua & Others Vs. Election Commission & Others
•-(AIR \9M SC 1909)
in the West Bengal Electoral Roli case (supra),the
Supreme Court has ruled that even if some of the claims and
objections for inclusion and exclusion of nat-tos in the electoral .
rolls have not been disposed of, the elections are to be held
as scheduled. Earlier In the year J%9, the Supreme Court held
that the electoral roli became final for the purpose of any election
on the last date for making nominations in that election and np
new names could be included or any existing names excluded
®r any other corrections made in the electoral roll after that
date, likewise, the Supreme Court elucidated several points relating
to the conduct of elections, like the scrutiny of nominations*
conduct of poll, counting of votes and so on by referring to defects
33-39
of a substantial character or otherwise» in several cases. An
important decision implicitly Says down that if a post in a constituency is vitiated, the Election Commission may declare the
poll void and order a repolL for proving a charge of corrupt
practice in an election petition, the same standard of proof is
insisted upon as is required for proving a charge of criminal
offence and the preponderance of probabilities is not considered
enough to bring home the charge of corrupt practice to a candidate.
32. Saidyanath Panjiar Vs. Sita Ram Mahto
"
{AIR 1970 SC 314)
33.Brijendra Lai Vs. 3waia Prasad-(AIR I960 SC 1049)
(Non-declaration of age)
3*.(A!R 1975 SC 127*) (incomplete adress)
35*Li$a Krishan'Vs. Mani Ram Godra (Civil Appeal No.*l23 of 1983'
decjd,e.d. on 8.5.85 (incorrect serial number.of proposal)
36Xianu Ram Vs. Rikhi Ram & Ors»(AtR 1984 SC 1313)
(Supplementing information)
,
37. AIR 1965 MP 55 (name of constituency)
38. Mohinder Singh Gill Vs. Chief Election Commissioner & others
(AIR 1978 SC SSI)
39. Km. Shradhha Devi Vs. K.C. Pant (AIR 198* SC 382)
(Recount only if miscount at R.O.'s level).
By such
judicial
pronouncements
the Courts have
not only explained the Saw as enacted by Parliament but have
on several occasions pointed out loopholes or inadequacies therein.
One of the earliest decisions to bring_ out such an inadequacy'
was the one in the case of Saka Venkata Rao referred to above.
In that case the Supreme Court held that the High Courts could
"issue"'writs under article 2?£-of]Mthe_CpDStitution only to those
persons or Governments or authorities who were amenable
to
their jurisdiction either by reason of their residence or location
within the territories to -which their jurisdiction. extended and
tfjpse
writs could not rim beyond such territorial jurisdiction..
-Therefore, the Supreme Court held that the Madras High Court
had no jurisdiction to issue a writ to the Election Commission
which has its office located at New Delhi. This restriction on
the powers of High Courts was later on removed by an important
amendment In the Constitution by the Constitution
(F)ftcenth|
Amendment) Act, 1963 whereby the writ jurisdiction of the High
Courts was extended even to those persons, Governments and
authorities not resident' or located within the territorial jurisdiction
of the High Courts, If the cause of action wholly or in part
arose within such territories.
On some • occasions, the
judgments of the Courts
have given rise to considerable heat and debate*, One such case
which immediately come:; to mind was the judgment of Supreme
'ft'
Court in Kanwar Lai Gupta Vs» Amar Naih Chawla. In that classic
W. 1953 SC. I I H
<'*!, AIR "1975 SC 30S
case it\ i.which the role oi money power in elections and
the
expenditure .by the political parties on election campaigns came
up for consideraion of the Supreme Court, the Court observed
"that one of the objectives of limiting election expenditure was
to eliminate, as far as possible^ the influence of the big money
in the electoral process and'Its decisive rote in controlling the
democratic process in the country. The Court held that the only
reasonable interpretation oi' the provision (Section 77(1) of the
R.P. Act, 1951} would be that such part of the expenditure by
a political party which is incurred in connection with the election
of a party .candidate, as distinguished from expenditure on general
party propaganda, and of which the candidate knowingly takes
advantage should be deemed to have impiiediy authorised by
the candidate and should be included in the election expenditure
of that candidate. This interpretation was not to the liking of
some people and the)' felt that the.said judgment made a significant
departure from the law on the paint as enunciated by the Supreme
Court in the-previous cases. To undo the effect r * this judgment
an Ordinance was issued within 16 days of the pronouncement
of the above judgment .whereby an explanation , was added to
the above referred sec don 77(1) IO provide that any expenditure
incurred by any political party or by any other association or
body of persons or by any individual (other than the candidate
or his election agent) shall not be deemed to be the expenditure
incurred.or authorised by a candidate "and it was applied retrospectiveiy. This.Ordinance was later on replaced by an Act,
hi.
Representation of People (Amendment) Ordinance, 197
(No. 19 of 1974) dated 19.10,7k "
'
43. Representation of the
To restore the position of the' law as obtaining prior
to the above mentioned amendment in 197^ a bill was introduced
in Parliament in 197? when the J&.iata Government came to
power. The Statement of Objects and Reasons of
haf BiiJ stated
that the aforesaid -.amendments. Jar from ensuring, free and lair'
elections had the 'effect of increasing money power and it was,
therefore, proposed to amend the Act to restore the position
that obtained earlier. The BiH, however, could not become the
law as it lapsed with the dissolution of the Lok Sabha in August,
1979.
The amended provisions of the law on ths point; came
•up for further consideration recently before the Supreme Court
in the case of P. Nalla Thampy Terah Vs. Union of India &; Others
(Writ Petition No. 1177 of 1979). The Supreme Court has In their
judgment dated S*^5 again decried the pernicious effect of big
money, which is mostly black than white, in elections but nonetheless upheld the constitutional validity of the amended law, "though
relunctantly". The Supreme Court, however, did noi decide the
point whether Kanwar Lai Gupta's case made 'any departure from
the Saw as earlier interpreted by that Court, Incidentally, the
Election Commission, has recommended to the Government that
the iaw should be amended to restore status quo ante as obtaining
before the 197H amendment.
'
-- -•-
Another important case which led to several amendments
• in the Constitution and the election laws, was the election petition
. Bill No. 153 of 1977,
•-
1S0
-
questioning the election of the former Prime Minister Smt. Indira
Gandhi'to Lok Sabha in I971 and tte cfccisian of the
Allahabad
High Court of 12th 3une, 1975. The Allahabad High Gourt in
that case found Shrimati Indira Gandhi guilty of commission
of certain corrupt practices through her ejection agent and other
Government Servants and unseated her' from Lok Sabha. An Act
was immediately passed by Parliament which clarified inscr -alia
as to when a person could be said to have become a candidate
at an election, when a person in Government service ceased
to be in such service on his resignation, termination of service,
dismissal, etc., and that anything done by a Government servant
or any facility provided by him in the ^discharge or purported
discharge of his official duty for any candidate would not be
deemed to be assistance by such Government servant to that
candidate and that any Government expenditure incurred in this.
behalf would also not be deemed to be the expenditure incurred
or authorised by the candidate.
The amending
Act
also
made another
significant
change in the law relating to the disqualification of persons
found guilty of corrupt practices at elections. Hitherto, the law
provided-* hat-any person found guilty*~^"commission of a corrupt
practice would be automatically disqualified for a period of <S
years from the date on which the order of the Court finding
him guilty took effect. However, under the amended law the
aforesaid automatic legal consequence of disqualification flowing
from *&uch decision of the Court was done away with, it was
5. The Election Laws (AnionHmnnt\ &^.* ««•"•
.
• 151 •
now provided that the case of every such person shall be submitted
to the president for determination of the question whether such
person should be disqualified for future elections and, if so, for
what period (not exceeding 6 years). The law fur her provided
that the President
shall, obtain the opinion
of
the
Election
Commission on every such question submitted to hini and shall
act according to such opinion.
Parliament
k(, '
'
also amended the Constitution whereby
it provided that the election of any person who became the Prime
Minister or the Speaker of the lok Sabha could not be challenged
fay. means of an ordinary election petition before the High Court
and that an election petition questioning the election of any
such person could be filed only in such manner and
tried by
such authority as Parliament may be jaw provide. Simultaneously,
the jurisdiction of the Supreme Court to try the election petitions
relating to the Presidential and Vice-Presidential elections was
also withdrawn and vested in a special authority to be constituted
by parliament by law. By
that amendment, Parliament even
proclaimed that the election of Shrirnati Indira Gandhi which
was declared void by the Allahabad High Court was valid and
that the judgment of Allahabad High Court to the contrary would
be of no effect. On appeal, the Supreme Court though if upheld
the election of Shrirnati Indira Gandhi but none-the-less struck
down that part of the Constitution(39th Amendment) Act which
proclaimed the validity, of her election on the ground that such'
a proclamation was beyond the constituent power of Parliament.
'•6. By the Constitution (39th Amendment) Act, 1975.
* 152 «
On the eve of 197? general election to the Lok Sabha,
two Ordinances were Issued providing for the constitution .ofthe special authprities ior the trial of election petitions relating
to the Presidential and Vice-Presidential elections and the elections
to Parliament of the Prime Minister and Speaker of the Lok
Sabha. These authorities as envisaged in these two ordinances
vtnere to consist of
C
J Members, 3 each to be nominated by the
Government, Lok Sabha and Rajya Sabha. Howevers when the
3anata Government'came to power after 197?' genera! elections,
these Ordinances-were replaced by two Acts which again specified
the Supreme Court as the authority to try the election petitions
relating to the, Presidential and Vice-Presidential elect j-ens and
provided- ior the ; constitution of a one-man authority consisting
of a judge of the Supreme Court to try election' petitions relating
\.
to the Prime Minister and Speaker, .It was under this latter Act
that the election petition relating to the election of Shri Morarji
Desai when he became Prime Minister in 197? was tried by a
special authority comprising Hon. Mr* Justice P.N* Shagwati,
the present Chief Justice of India. However, the above men'uoned
special provisions in the Constitution relating to the questioning
of
Presidential
and
Vice-Presidential
elections and
elections'
of "the Prime Minister and Speaker had a, short life and were
dispensed with in 1978-and the legal position ' obtaining prior
Disputed Elections(Prirne Minister arid Speaker) Ordinance,
1977 (No-2 of 1977) and the Presidential and Vice-Presidential
Elections (Amendment) Ordinance, i$77 (No.I of. 197?)
. The Presidential and Vice-Presidential, Elections (Amendment)
Act, 1977, and
The Disputed Elections (Prime Minister and Speaker) Act,
1977,
* 153 *»
to ' these amendments was restored entrusting the responsibility
of trying the election petitions relating to the Presidential and
Vice-Presidential elections to the Supreme Court and the election
of Prime Minister and Speaker to the High Courts.
m position of
^qualification
Consequent ' upon the .findings given by the Courts
in election petTtlom*""tSe*Taw"provides -for imposition of a further
penalty of disqualification under article 103, IG*>, 192 of the
Constitution and section IHH) of the Government
Territories Act by the Election
Commission
of
Union
in exercise • of
its •
quasi-judicial powers and after appropriate hearing, its recommendations to the President/Governors as the case may be. In addition,
the Commission also makes its recommendations in issues relating
to holding of an office of profit by a. legislator, In this connection,
the Commission, has noticed in several cases coming up before
it that the State legislatures are not only too liberal with the
grant of exemption under the Removal of Disqualifications Act
but In many cases, changes are sought to be made once a substantive
question has already been .raised before the Commission. Whereas'
the powers of the legislatures are unlimited, propriety, public
morality and the spirit of the election law would demand that
considerable self-restraint
needs to be exercised to maintain
the purity of the system by not unduly enlarging possibilities
of distribution of patronage by the executive to ' the legislators,
in fact the time has
now come for taking a close look even at
the existing laws with a view to reducing the scope of these
exemptions.
• 154 •
.
-
While the constitutional amendment against defection
has been widely welcomed and in fact has dealt a mortal blow
"to the hydra-beacixi monster which scorned to be swallowing the
system
itself, it b felt that the scheme laid
down
in. the
Constitution could have been reasonably adopted in the case
of defections aiso. In the event of a defection taking ptace»further
consequences like imposition of disqualification should have been
left to the Election Commission so as to conform to the procedure
prescribed under articles 103 and 192 of the Constitution.
It Js note-worthy that the periodical holding of elections
according to a stipulated time schedule and the purity of electoral
process have been the touch stones for the courts -to determine
the validity of the actions taken by electoral authorities and
to test the legality and constitutionality of the various provisions
of election laws, There is one case, however, which according
to knowledgeable
circles,, but with due respect to the Supreme
Court,has not been helpful in advancing towards the epal °*
purity of electoral process on somewhat too technical a ground.
That is the decision of the Supreme Court in the case of A C
50
3ose Vs.Sivan Filial popularly known as the Electronic Voting
Machines case. In order to improve and simplify our electoral
system by making use of the tremendous technological and scientific
advancement
of
the present times, the Election Commission
had~^1nTro3uced in 1982, on an experimental basis, the Electronic
Voting Machines, whereby the voting became much
quicker,
easier-~arrd^slrhpier and the rejection of invalid votes was totally
50. AIR
1984 5C
- 1SS eliminated. The system which proved a great success was also
helpful in checking the menace of booth capturing and impersonation because the register containing the signatures of electors
who had voted was kept open for inspection under this system
which could be subsequently scrutinised by interested parties
lor necessary follow up action, which is not permissible under
the present electoral* procedure*-^he—system could also result
in considerable savings to exchequer as the printing g f c r o r e s
of ballot papers at the time of the general elections could be
..avoided, the-campaign period could be reduced and results could
be* announced immediately sifter the completion of the poll. The |
above scheme was introduced by the Commission in exercise
of its own plenary powers of superintendence, direction and control
of elections under article 324 of the Constitution* However,
the Supreme Court struck down this wholly laudable and salutary
measure and held that the poll could be taken only by traditional
means of the ballot papers and the ballot boxes as prescribed
in the Conduct of Elections Rules framed by the Central Government. This judgment has in a way fettered the powers of the
Commission itself
in introducing innovation
- the electronic
voting machine being one such Innovations - to improve
our
electoral system, which the founding fathers of our Constitution
perhaps never intended. Now, the Election Commission is prohibited
from making use of these voting machines unless the parliamentary
iaw provides for the some. This
major judicial pronouncement
points to the need for necessary remedial action by Piirliament
to clothe the Commission with necessary powers to use these
marl lines.
* 156 reforms:
^
The Commission has been making recommendations
for electoral reforms ever since 1970/After taking into account'
the recommendations made by the 3oint Committte of both Housed
of Parliament on amendments to election law, Tarkunde Committee
and other also in the light of the experience gained during the
elections held until that time, a package of proposals was sent
to the Government in September 19S2. Thereafter some more
4
recommendations were also made after the elections to the Assam
and 3ammu and Kashmir Legislative Assemblies in 1983 and the
Lok Sabha Elections in 1984 and State Assembly Elections in
1985. Some of the salient recommendations ares
-—""
Even though the Commission is one of the four main
constitutional authorities under the Constitution, it did not enjoy
the same privileges and safeguards as other constitutional bodies
like Supreme Court, Comptroller and Auditor General* Accordingly,
it was recommended to bring the Commission at a par with other
---'—constitutional bodies and also to treat the expenditur on the
Commission as a 'charge (bn the Consolidated £und of India.
The Constitution
contemplates a law laying down
the terms and conditions of service of
:r~
the
Chief
Election
Commissioner of India. The law has yet to be _enacted__jthough
regulations were framed by the President on 25.5.1972
... .
Defections had become the bane of Indian politics
and to contain unprincipled politics and corruption, the Commission
recommended top priority to the enactment of an anti-defection
measure.
;
•
157 •
•
'
By the Constitution (Forty-second Amendment) Act,
1976, the allocation of the seats in the House of the People
to the States and the division of each State into territorial constituencies was pegged at the 1971 census figures and no reallocation
and redistribution was to be done until the figures for the census
taken after 2000 A.D. become available* This has resulted in
disparities in the size of constituencies because of large scale
influx of rural poor to the metropolitan cities. It was, therefore,
recommended that the Constitution may be amended so that
while the total number of seats allotted to various States m
the' House of the People and in the various State Legislative
Assemblies may remain unaltered, the original position of fresh
delimitation after every decennial census may be restored.
The Commission in its deliberations has pin-pointed
several inadequacies in our electoral system. These proposals
do not envisage any change in the present system of parliamentary
democracy t nor do they contemplate such procedural changes
as the adoption of the list system'or proportional representation
in preference to the existing British pattern.
<The ^ basic areas requiring immediate attention ares
^(a) Strengthening of the political party system;
/ ( b ) Curbing the role of money powers
(o) Curbs against muscle power and
(d) Curbs dgainst misuse of media a power.
1. STRENGTHENING OF THE POLITICAL PARTY SYSTEM
*
,f
1. A law should be enacted not only to define a political
party but also to provide for registration for - (a) Compulsory registration of politicai parties?
(b) Compulsory' maintenance
of
accounts
including
all receipts and donations and expenditures;
(c) Permissible acceptance of donations from companies
* and individuals under proper receipt subject
, .suitable
:
regulatory
conditions
like
to
prohibition
of donation by public sector undertakings, companies
• and tax relief with a ceiling in the case of individual
donor;
(G) Compulsory audit of accounts in so far as they
relate to elections by an agency to be named
y
by the Commission;
(el Rtesiduary
democracy
matters
within
like maintenance
of
internal
the party and submission of
periodical reports etc*
2. Effective
steps
to check
growth of
mushrooming
parties and muitiplicty of candidates at the elections.
3* Effective steps to prevent defections.
/k.
Regular periodical elections down to the grass-roots
- up to the Panchayat level*
It is a matter of immense gratification that the new
^"Government has already Implemented i{a) and 3 above and these
Steps have been widely acclaimed all over the country.
The Commission, however, has suggested that
the
decision whether or not a defection has taken place to attract
disqualification should be left to it, in consonance with articles
103 and 192 of the Constitution.
II. CURBING THE ROLE OF MONEY POWER,
(a) < Simultaneous elections to "the Lok Sabba and State
Assemblies!
Ab) Removal of ban on companies' donations subject
to clear-cut regulations like"""pefcentage" "of dividend, fixation of
upper celling, compulsory auditing o! accounts both of the political
parties and the companies;
(c) Reverting back to the Segal situation obtainingbefore • 197% when party expenditure was included in the ceilingfor individual expenses*
(d) Reduction in the period of electioneering through
the introduction of electronic voting device;
-'tej Limited State Funding of election expenses, in
kind, through free supply of electoral rolls, provision of stationery
for identity slips,- subsidized broadcast/telecast over official neoia.
UU CURBS AGAINST MUSCLE POWER
.
X
4m Suitable legal amendments to make certain
cognizable electoral offences as cognizable;
\b) Provision, fojr fresh poll .in case of
of ballot papers and malpractices,
coercion,
destruction
intimidation or
impersonation;
^ - (c) Withholding
results,
pending
investigations
by
the Commission on complaint against booth-capturing and on
application for recount, if the margin of 'votes between the first
two candidates is less than 2% of the total votes.
IV* MEASURES TO CURB MEDIA POWER
(a) Scheme for radio and TV time to recognised parties
should continue!
(b) Misuse by the ruling party should be treated as
a breach of the Code of the Conduct*
It would be worthwhile taking a quick look at the
action taken so far on the above proposals, which were remitted
by the Government to a Cabinet Sub-Committee on Electoral
Reforms. It is a matter of immense satisfaction trnt the new
Government at the Centre amended the Constitution to prevent
defections. This measure has been widely acclaimed and. 1 have,.»
L
no doubt, that it will go a long way in curbing political corruption
and cleansing pobifc life. The next logical steps to bar appointment
of
legislators as Chairman, Managing Directors or*. Directors
of Public Sector Undertakings, with or without ministerial status,
now seems to be over-due. A close look at the existing Members
removal of disqualification
Acts so as to drastically redefine
"office of profit" would also appear to be desirable.
What has not been noticed in the Anti-defection law
is the fact that for the first time now the term "party" secures
a Constitutional identity. So far, I have stated above, we did
not even have a legal definition of a "political party!1*
*
It is necessary, however, to enact a specific iaw to:
""make for adequate regulation of the political parties so as to
ensurestrengthening of the party system by eliminating chances
of multiplicity while at the "same time injecting the democratic
spirit through internal
democracy within the parties.
-
-•
tii
It is a matter of immense satisfaction that the new
Government
has
accepted
another
major
recommendation of
the Commission for withdrawing the ban on company donations
subject to the conditions postulated by the Commission, namely^
non-applicability to public sector companies,
permission only to those private
restriction
of
companies which' are earning
a profit, restricting the donation to 5% of the total dividend
and finally, audit of such accounts. The amendment of the Company
Jaw also provides for ratification of the proposed amount., of—
donation at the annual general meeting. All this is a step in
the right direction*-
• •
(
Recent experience has thrown up two major problemst
and unless both these are tacJ^lod_JjTtrngdJ?>fpiy through suitable
provision, in the law, the entire_system_jôjjld__ctack^-. These are- j
(a) Booth-capturing or rigging; and
(b) Multiplicity of candidates.
The recognised political parties were consulted about
these changes and by and large, they are in agreement that rigorous
steps should-be under-taken and some parties have made a few
more suggestions which are pending with the Government for
consideration.
The Commission has however recommended changes
in the law to take care of the following?
BOOTH CAPTURING
1.
r
'gg'ng»
'
In the event of a complaint against booth capturing/
tne
Commission after an enquiry through an .agency to
be nominated by it should have the power to cancel and order
fresh poll in the entire constituency.
t
- 1S2 2.
Officials found after art enquiry to be guilty of conniving
at any of the malpractices should be subject to penal action,
the initiative resting with the Commission itself.
Persons, found guilty directly or indirectly of booth
capturing should be disqualified by the Commission from contesting
future elections.
'
Booth capturing to- be made a cognizable
5.
offence.
Persons with proven criminal records and a shady
past, whose detention' etc. has been approved by the Judicial
Advisory
Boards etc* should be disqualified
from
contesting
136E of the Representation of
the People
elections.
6.
Section
Act 1951 can to a certain extent provide legal support but it
has not got the necessary teeth to combat the growing menace.
MULTIPLICITY OF CANDIDATES
^ I-
. A
candidate should not be permitted to contest from
. . .more than two constituencies;
.jJl.....
The
security
deposit
should
be
increased
ten-fold
which is in consonance with the increase in the cost of living
eversince the first limits were fixed.
3.
Security should be^/pxleiied if a candidate fails to
get less Thain~l/fth~(against l/6th at present) of the total votes
polled.
/H«
Nomination paper. should be subscribed by at least
one proposer from each of the component assembly constituency
in the case of a parliamentary election subject to a maximum
of 10 proposers. Similarly, in the case of an assembly election.
V
nomination should be subscribed by at least one proposer each from
different polling areas subject to a maximum of 10 proposers.
Conduct
O"
tne
basis of a broad consensus amongst the recognised!
LIL__ political parties, the code of conduct was worked out. It has
been further amended on the basis of recent experience. Even
though the code has had only a' moral sanction, it is a matter of
considerable gratification that the vigilant press and the politicallyaware voluntary organisations have served as effective watchdogs and instances of gross violations have substantially decreased
in the recent past. Even sos constant vigil is still necessary,
but- the Commission has also recommended that any violation .
of the code should be treated as a corrupt practice under the
election Saw. A reference has already been made earlier on pn.pes 3^-36k38>39
enumerating various categories of corrupt practices and electoral
offences. The relevant laws will need to be strengthened on the
basis of these recommendations.
The election laws have, by and large, stood the test
«*"-_*
.
__
_~
of time and have strengthened the roots of democratic system
within the- country. In fact, 'we can look backwjth_D_ride__on the
glorious record of our performance in the
strengthening
of
democratic processes. The President in his Address to the 3oint
Session of the Parliament in 1985 and later in his Independence
Day message to the Nation on 1,5.8,85 stated proud!)'Jbui~£igktiy
that :
- -'
"We have had elections to the Legislative Assemblies
of some States in March this year. Closely following upon the
earlier election to the Lok Sabha in December last year, these
have further strengthened the democratic foundation of our polity.
,- 1S4 Our Constitution based on socialism, secularism and democracy'
has withstood the stresses and strains caused by passing events".
True, there have been occasional pitfalls and complaints
. have been voiced against use of money, muscle and media power
iru polluting the system. We have already discussed the legal
changes necessary to curb the menace, ;but no amount of laws
or their amendments can1 prevent a qualitative degeneration unless
the political parties and the candidates pay due regard to the
rules of the game and eschew unprincipled politics so essential
for the survival of the system. Sn other words, law alone shall
not succeed unless pure means are employed to attain pure ends.
There is* of course, an indissoluble link between morality and
po'i' :s and unless this is re-established as envisaged first fay
Aristotle and nearer home by Gandhiji, to use his own words by
"re-union of politics and ethics". He had emphatically stated
that the two will have tol be brought together through the pressure
of a broad movement of'public opinion arising and growing outside
politics but impinging on it. S u ^ W * X ^ * J & ^ ^ ^ ^ ^ r a , x W * f l 8
tUstmmmxmx
Such a code of ethics, he said, would cleanse both
politics and society. It would be impossible to expect mere laws
to provide the 'elan vital* to the democratic system.
Considering the disquieting fact that the ethos
around
us is being progressively vitiated by violence, no time is more
"prop it sous than now fcr .reinstalling Caridhiji's mantra of W ^ 3 ^ ^T«S ~<E.iriv*.
along with his avowed principles of public morality, than now.
That alone will sustain our democratic polity, all the laws notwithstanding. It might surprise you to learn that ^8 persons tncl
3 candidates during Lok Sabha elections _198fr__and %3 persons
including candidates during ' Assembly electiojis- in 19S5 were
<* 1*5 » •
5!
murdered. (Bihar alone accounted for 28 and 51 respectively
though India today of 15.3.85 and Illustrated Weekly of 15.4.85
placed the Jatter figure at 63 killed and 200 injured)
By violence
I mean not only physical violence like murders, booth-capturing,
disturbance at meetings but also violence in the most genera!
sense encompassing thought, words and deeds during electioneering.
The President-older .statesman that he is -stressed Jhis in his
1985 Independence Day addrcsTT" "SM*™~~
"In recent
times, we witnessed the emergence of
violence and terrorism on an increasing scale, posing a serious
threat to the democratic process and to the unity and stability
in the country".
- - -
..
M
It is not merely that political violence has alarmingly
increased. It is that organized bodies of political opinion, no
longer accept the Constitution as imposing on them rules, which,
however, interesting they may seem, ought to be obeyed in the
interest of orderly Government and peaceful change".
I have said repeatedly in many forums that x resort
to violence to solve any problem or redress any grievance has
no place in our democratic polity - Social conciousness must
be aroused and "harnessed against violence and the cynical attitude
of treating human life cheaply. Let us not prove Mr. Grartviile
Austin wrong when he Congratulated the Indian people for peacefully
implementing the two wholly Indian concepts of "Consensus and
52
accommodation." .
v
When the nation has solemnly pledged itself to the
counting of hcijds not only for forming Government but also
51.Statemcm of Shri S.ft* Chavan in Lok Sabha on
17.3.S5_ ___
_^
.
52. Indian Democracy - Hanson or Dotigias (p-^
TSie Indian
rwKiit..*:^
<-- -
as a way of life for the solution of ail f«ur problems, there is
no scope whatsoever for breaking of heads, come what may.
Srimad Bhagwat Gita sayss
mm:
O . Bharatl just as the Unwise afct with attachment,
so shall the wiseman seeking the welfare of the people, act without
attachment through the invaluable dictum enshrined in:
"It is desire, it is wrath, begotten of the quality of
"P[s|
aii consuming and greatly sinful* know this
to be the enemy here on earth".
The country
expects the system to throw up such
wise men not merely as representatives but also as leaders in
the widest sense of the term, for,
Whatever a great man does, is imitated by others?
-ordinary people adopt the example He sets up."
Such leaders of public opinion, guided by high public
morals and elected through a clean and fair electoral process
by an enlightened and mature electorate, can alone deliver the
* 1S7 .
goods and what is more important, save democracy, which for
survival* needs not only to become more pervasive and participatory
but more ethical and "anticipatory* a term Aian Toffler gives
to a more open, decentralized styie - as distinct from .centralized
top-down, bureaucratic system - which attempts to involve citizens
in State-wide or community-wide goal-setting. Gandhiji had also
passionately pleaded that Swaraj lor him was incomplete and
unreal without decentralization of political power right down
to. the village level so that they may bring to life the seeds
of a new social order and a new spirit. May our democracy become
the People's clearing house on the future and may it
set an
example by Striving to achieve the goal of a value-oriented system
set before the country by Adi Manu through strife for individual
excellence.
f Am:
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16- ] ! • 1985
Documentation
Monthly
\Jct-JK
Eieetion Commission of India
# • & • # - »
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-x- -x
•"- *
*
-x- #
-x •«• -::-
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•;«•
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DOCUMENTATION
MONTHLY
*
.
*
*
DECEMBER, 1 9 8 5 .
^
*
.
*
*
*
*
*
ELECTION COMMISSION OF INDIA
*
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CJjAJPTEFUI_
Books and Articles,
4
Notes on j u d i c i a l d e c i s i o n s
in e l e c t i o n m a t t e r s .
15
Cases of d i s q u a l i f i c a t i o n .
56
14
-
55
57
-
67
60
-
78
.CJjAPTER-IV
Disposal of e l e c t i o n p e t i t i o n s .
CHAPTER-V
Vacancy S t a t e m e n t s ,
CHAPTER-VI
Commission's vieus and p r e s s s t a t e m e n t s on c e r t a i n a s p e c t s
of e l e c t i o n s .
79
-
92
93
- 105
106
- 122
123
- 145
146
-149
C_HA_PTER-\/II.
Revision of electoral rolls
in Assam.
CHAPTER-VIII
General E l e c t i o n t o the House of
the People and L e g i s l a t i v e
Assembly of Assam.
.•
CHAPTER-IX
Biennial and B y e - e l e c t i o n s .
CHAPTER-X
R e g i s t r a t i o n of Bhausaheb
Bandodkar P a r t y .
contd..
CHAPTER-XI
Conference of t h e Chief
Electoral Officers.
150 - 153
CHAPTER-XI I
Press r e p o r t s on e l e c t i o n s and
p o l i t i c a l systems of foreign
countries and other matters of
intsrast .
154 - 161
Au Revoir
(A farewell reference ran retirement
of former Chief Election
Commissioner, Shri R.K.T
3TPT
162 - 164
TFcT^ 3ftT
[65 -
lH
172 - I8B
The Documentation is intended to acquaint the
Officers and staff
of the Commission and the Chief
Electoral Officers and their staff with a r t i c l e s on
current p o l i t i c a l issues published in Periodicals/
Newspapers, received in the Commission's Library,
Development in the field of Electoral Lau and Procedure,
Progress in the disposal of election petitions,
judicial
decisions thereon, Commission's decisions on questions
as to disqualification of members to either Houee of
Parliament or of the State Legislatures
end bye-elections
to both Houses of Parliament and State Legislatures,
This issue also contains special chapter
on
those topics,
(i)
Revision of the electoral rolls in Assam.
(ii)
General Election to the Houro of the People and
Legislative Assembly of Assam.
( i i i ) Registration of Bhausaheb Bandodkar Party.
(iv)
,.
Vc)
Conference of the Chief Electoral Officers.
reference
Au Reviir-A fareuall / on retirement of former
Chief Election Commissioner, Shri R.K.Trivedi.
CHAPTER ~ I
BOOKS ANC ARTICLES
A feu books have been added to the
Library of the Election Commission* The
details of the books are given in Annexure~I»
A number of articles on current political
issues and other matters of interest appeared
in various periodicals/newspapers uhich were
received in the Commission's Library during the
month of iJecembar '85.
A list of such articles
as ara considered to be of special interest is
given in Annexure-II.
- 5ANNEXURE-I
AUTHOR
TITLE
PUBLISHER
Qhattacharya,
Assam:Agonies and
Mridul and
Grievances.
Gosuami,Sanjeeb.
New Delhi,
National,
I9b5.
Mishra,I.O.
Systemic Strains And
PSlitical Development
in Assam.
Uaranaaij
Uijayshree
Enterprises,
1905,
Moody J r .
Raymond A,
L i f e After
Toronto,
Bantom,1985.
Permanand
Neu Dimensions i n
Indian P o l i t i c s ,
Delhi,
U.O.H,Publishers,
1985.
Singh,Amrik
Punjab i n Indian
P o l i t i c s - I s s u e s and
Trends.
Delhi,
Ajanta,1985,
Life.
- s a M:\itXU H£~ 11
AUTHOR
TITLE
REFERENCE
A FOREIGN ELECTIONS AND POLITICS.
( a ) Maqazinas
Cv/lien, Robert
B.
Hou To Talk To Gorbachev.
Reg. the outcome of the
Geneva Summit,
Neusweek:
November 25,
1985, pp. 12-14.
Ghosh,
Tirthankar
Will SAARC Ever Succeed?
Sunday:
December 15-21,
1985, pp. 63-66.
Newsweek:
Kondracke»norton In Search Of The Deal.
November 25,
The writer concludes that 19B5, p. 15.
tha most plausible outcome
of the Geneva Summit will
be the beqinninog of a
new phase of negotiation
in a relationship that hovers
somewhere in limbo-betueen
detente and cold uar.
Tha Philippines;Getting
All Act Together.
Time*December 23
19B5, pp. 6-8«
presidential elections in
Philippines.
Uatson,Russell
Behind Closed Doors.
Reg* the Reagan —
Gorbachev Summit meeting
at Geneva. The writer'
concludes that the
United States and the
Soviet Union are still
poles apart. But from
now on, they may be
more inclined to give
each other the benefit
of doubt.
NeusueekJ
December 2,
T9B5, pp. 12-16,
•» 7 —
AUTHOR
TITLE
REFERENCE
(b) Newspapers
a,G.S#
Rama Sarma,
K.V.S.
Subrke,Astri
*Summit and after.
*Post summit Europe.
*Rsg. the outcome of
the
Geneva Summit.
Lessons i n r e g i o n a l
co-operation,
Rag# the summit mesting
i n Dhaka of South Asian
Regional Co-operation.
Patra,Saral
Paul,Asit
Abraham,A.S,
Chopra,Uo
Indian Exprass:
Neu Delhi,
uecember 7,1905,
P.B.
National Herald:
Neu Delhi,
December .7,1905,
p.5.
Indian Express:
Nsu Delhi,
December,9,19b5,
p.6.
SAAFiC: The Dhaka summit
and beyond.
Patriot:Neu Delhi,
December 10,1985,
p.4.
Prcblams And Promise of
SAARC.
The Hindustan
Times:Neu Delhi,
December 11,1905,
P.9,
S i g n i f i c a n c e of SAHRC.
National Herald:
Neu Delhi,
December 13,1985,
P.5,
D i r t h of SAARC:No Escape
From Political
Realities.
The Time3 o f India:
Neu Oelhi,
December 14,1965,
P,8.
Asian Security and Ohaka
Summit.
Patriot:N B u Delhi,
December 16,1905,
P.4.
Editorial
Marcos u s . Aquino,
ReQ« the forthcoming
elections in
Philippines.
Indian Exprass
Neui Delhi,
OeCsrobsr 1.6,1985,
P.O.
TITLE
AUTHOR
B.
INDIAN ELECTIONS
REFERENCE
POLITICS
Banerjes,
Indranil
Indian Today:December
Election On Accord.
1-15, 1985, pp. 36The uriter tries to sense 40.
tha mood
mood of the people
on the eve of the Assam
election* His assessment
is that the dominent mood
is one of pro—Assamese and
anti-minority sentiment* The
mood is also anti-Congress,
Banerjee,
Monidaepa
Will Ray Prove His Mettle- Onlooker:December16—
31, 1965, pp. 41 &
f*eQ. Siddhartha Shankar
43,
Ray's prospects in the
Dolpur constituency byeelection{Uest Bengal).
Borololoi, David Takes On a Goliath. Onlooker:Oeceber 16Utpal
The uriter says that Assam-I 1 • 1 9 G 5 ' pp' 3 7 ~ 4 0 *
eighth general election will
determine whether the
vital north-eastern State
would enjoy a spell of
peaca or see further
turmoil and unrest.
Goswami,
Sabita
Pandit,
Tooshar
*Can R a j i v Reverse Assam
Tide?
Blitz:December 1 4 ,
1985, p p . 1& 2 3 .
*Assam:The
Strokes.
Sunday:Oecember 15, •
21,1985, p p . 4 6 - 4 9 ,
51-52,
Different
* R e g . the outcome o f t h e
e l e c t i o n s i n A g sam #
S a x e na,
Rashmi
Youth o f t h e U o r l d U n i t e .
R 8 g . t h e f i r s t NonA l i g n e d Youth Conference
held i n Now j e l h i »
Sunday: December 1 7 , 1985, p p . 2 6 - 2 7 ,
29.
•1
AUTHOR
J
—
TITLE
REFERENCE
Sen,AnikenJra
Nath
Onlooker: -Jacember 15,
Se tting Ths Im3ge Right.
19L5, pp. 0-9.
Reg. the displeasure of
sums Socialists within.the
Congress against.the
alleged deviation of policiss by
Sh.Rajiv Gandhi's fafl™ t+ie
path set by Shri Nehru and
followed during the Jaast 30
years.
Unnikrishnan,
K.P,
Does the Opposition
Sunday:December 22-38,
Have a Role in Parliament? 1905, p. 43.
An Insider's view,
Srikant
IUI.December 0-14,
1 9 0 5
Excerpted from 'A P o r t r a i t
'P
of Rajiv Gandhi1, by the
author who is a distinguished
hindi paet and t i l l recently
General Secretary of Indian
National Congress, This is an
account of the style of
campaigning by the PM.
p
'
3Q
~*U
(b) Newspapers
Thakur,
Jamardan
Two Kinds Of Politicians — The Times of India?
Inside Politics*
New Delhi,December 1,
1905, p.I.
Editorial
Reservation Policy.
National Heralds
Delhi,December 2,
1985, p . 5 .
•Editorial
Deadlock On Mizoram.
The Hindustan Times.
N8U Delhi,December 3 ,
1905, p . 9 .
Reg. the Mizoram
settlement t a l k s .
MenonjN.C
Barnala's Balancing A c t .
Reg. the s i t u a t i o n in
Punjab,
Cua,H.K,
R a j i v ' s Pakistan Dilemma.
The Hindustan Times.
New Delhi,December
4, 1985, p . 9 .
Indian Express;New
Delhi,December 4,
1905, p . 6 .
AUTHOR
Gupta,
Sulekh,C*
REFERENCE
H p e r s p e c t i v e o f IncU>
Japanese r e l a t i ons.
Dora,Oulal An E l s c t i ; n ulith a
" i fferance.
Patriot:NGU Delhi,
December 5,1985,
p,4.
Indian
Express:; New Delhi,
December 5,1985, P.4,
Reg, the forthcoming
elections i n Assam.
Flukarji,
Nirmal
Policy Making in India-I,
Mukarji,
Nirmal
Policy making in India-II. Indian Express:
December 6,19B5,
p.6.
Khare,
Harish
Rama Rao And Hagds
Limits of the NonPolitical Leader.
Huue,Russell
Uarran
Conflicts .& Coalitionspolitical Adjustments in
Reg. Shri Rajiu Gandhi's
rscent visit to 3apan.
—
Indian Express: Neu
Delhi,December 5,
1985, p.6.
The Times of IndiaJ
Neu Oelhi,December
7, 19G5, p.O.
December 7,1905,
Lok Sabha Bye—ElectionsFocus On Voting Pattern.
December 7,1985,
pp. 1 & 7.
Ahuja,
Charanjit
Punjab:The Unresolved
Issues.
Indian Express(Magazine)
Neu Delhi,December
0, 1905, p. .3.
Pramod
Chandra
Hidden Hand In Assam.
Case For Unity With
Bengalis.
The Sunday Statesman*
Delhi,December 0,1905,
P. 6.
Houks On Doth Sides:
Remaining Misgivings In
Punjab.
The Statesman: Delhi,
December 9,1985,p.6.
Singh,
Amrik
Mandal,
S.N.
Scheduled Castes & Tribes- - Indian Express:
Centre1 s role and
Neu Delhi,December
responsibility.
9, 1985, p.6.
~ 11 ~
AUTHOR
TITLE
REFERENCE
Garg,R.K,
Patriot: ffcNew Delhi,
Centra-State ties:
National Consensus needed. December 10,1305,
p. 4.
Editorial
Issues In Assam.
• the forthcoming
elactions in Assam,
Neu Jalhi,December
11,1905, p.3.
Kiduai,
Anser
Assam Pall and issues.
National Herald:Neu
Delhi,December 12,
1905, p.5.
Editorial
Assam and Cong(l).
National Harald:Neu
Delhi,December 13,
1985,
p.5.
Paul,Asit
Significance of SAARC.
National Herald:Neu
Delhi, December 13,
1905, p.5.
Abraham,
A.S.
C i r t h of SAARC:NO Escape
Fr^rn P o l i t i c a l R e a l i t i e s .
The Times of India:
Neu Delhi,December 14,
1965, p.Q.
Editorial
Prospects In Assam.
December 14,1985,p.6«
Reg. the prospects of the
forthcoming elections in
Assam.
Dhattacharyya,
Oirendra Kumar Assam:Another Chance.
Rag. the forthcoming
elections in Assam.
Heuendra,
Narayan
Indian Express(Magazins)
1905, pp. 1 & 6.
Assam Election's,
Indian Express(Magazine)
The minority Vote hold the Neu Delhi,December
Key.
15, 1905, pp. 1 & 6.
The article describes the
strategies adopted by the
parties in the fray to
woo the electorate in
Assam.
Gey,
Hamdi
Who's Not An Assamese?
Reg. the foreigners
i n Assam.
The Sunday
pp.
1^3,4.
REFERENCE
AUTHOR
Editorial
Electoral Sianals.
Indian Express:
Delhi,December 19,
1905, p.6.
Editorial
A Distinct Set Oack,
The Statesman:Qalhi,
uacember 19,1985,
p.6.
Editorial
Electoral Signals,
New Delhi,Jecember 19,
1905, p . 9 .
Editorial
Outcome of Bye-elections.
National Herald:New
Delhi, December 19,1985,
p.5.
Editorial
The Times of India:
Assam After Punjab.
New Delhi, D
Reg. the defeat of Cong{l) 20,1905, p . 0
#
in Assam Assembly
elections•
Editorial
UYat Another Uarning.
Rag. the outcome of byeelections to 7 Lok Sabha
and 9 assembly seats held
on 16th December, 1905.
The Times of India:
New Delhi,December
20,1905, p»0.
Tharyan,P, Assam-Meaning Of The
Mandate.
Neu Delhi,December 2 1 ,
19G5, p . 9 .
Editorial
The Statesman:Oelhi,
December 21,1985, p . 6 .
Bolpur And After.
ReQ. the outcome of the
Dolpur bye—election.
Abraham,M.S. AGP Triumph I n Assam:
Need To Heal, Not
Inflame Wounds,
The Times of India:
Neu Oelhi,December
21,1905, p.B.
Editorial
Indian ExPress:Neu
Delhi,J e cember 24,
1905, P . 6 .
P o l i t i c a l Reform.
f<eg. State funding of
elections.
Mishra,
Sudhanshu
Patriot:Neu Oelfri,
Harideo's strategy
December- 24,1905,
clinches at Churu.
p»4. .
Reg. the outcome of recent
We-election in Chunjf •
Rajasthan.
AUTHOR
REFERENCE
TITLE
Editorial
'^Chance in Assam.
National Herald:
New Delhi,DacjnLer
25, 1985, p.5,
Editorial
*AGP In Office.
Neu Delhi,December
25, 1905, p,9.
Editorial
*No
The Times of India:
Neu Delhi,December
25, 19L5, P.O.
Editorial
Naming Shous The
December 25,1985,
p,6.
Editorial
*Neu Start In Assam,
*Reg« the installation
neu Asom Gana parishad
ministry in Assam,
Indian Express:Neu
Delhi,December 25,
19B5, p.6.
A Word To The Wise.
Hgg. the good performance
of Shri Ra ,iu Gandhi as
Prima Minister of India.
Neu Delhi,December
B5, p.9.
Hari,
0ai3inqh
From Grassroots to
Computer-I,
Indian Express:Neu
Delhi,December 25,
1905, p.6,
Hari,
3a is ingh
Congress
at 100-11.
Indian Express:
g
Battle for economic suaraj.Neu Delhi,December
26,1985,p.6,
Reg. the 100 years of
Indian National Congress.
Editorial
Uneasy Prospects,
Easy Exit.
Reg. the formation of neu
ministry in
Kiduai,
Anser
Patriot:Neu Delhi,
25,1905,
p.4
Assam AccQrd:Schizophrenic National Herald:
Strands,
1905, p.5.
Suell,G,G. Options After Assam Poll.
The Times of India:
Neu Delhi,December
27,19b5, p.8,
- 14 AUTHOR
Abraham,
A.S.
TITLE
REFERENCE
Local Parties To The Fore. The Times of India!
New jelhi,Jecember
Growing Challenge To
27,19b5, P.O.
Congress Primacy,
Reg. the situation in
Assam after the elections.
Editorial
Statehood for Goa.
Indian Express:
New Delhi,December
20,1905, P , 6 .
Gain,
Girilal
The Congress A3 I t Was.
The Times of India:
New Delhi,December
29,1985, p . I .
The auth°r takes stock
of the achisvernsnts and
prospects of Indian
National Congress.
Singha
Rahul
A Year of Healing,
Rag. the major p o l i t i c a l
svants of 1905.
Indian Express:
New Delhi,December
30, 1905, p . 6 .
Dasgupta,
Suapan
Footnotes In History:Uhat
Co Dye-olections Really
Portend?
Dain,
Girilal
The Year Of Rajiv/ Gandhi- The Times of India?
P i t f a l l s Of Accommodation. Nau Delhi,December
31,1985, p . 8 .
Gandhi,
Rajmohan
Images Of The Year.
3oshi,
Navifl
Chandra
Rea. the images o f year
1985.
New F i s c a l
Policy.
The Statesman:Delhi
December 30,1905,
P.6.
Indian Express:
New Delhi,December
31,1965, p . 6 ,
The Hindustan Times*
New Delhi,December
31,1985, p . 9 #
CHAhTEfi - II
NOTES ON JUDICIAL DECISIONS IN ELECTION
J"MTT£.-.S
Under section 106 of the Representation of
the People Act, 1951, the High Courts are required
to send a copy each of tha orders passed by them
in the election petitions.
Similarly,under section
116 of the Representation of the People Act, 1951,
the Supreme Court is required to s end a copy of the
orders passed in election appeals
or urit petitions.
Gists of these orders are published in this Chapter
with a view to acquainting the readers of the
salient points of the orders.
This issue contains
gists of orders of High Court in 10 election
petitions — 7 from the High Court of Judicature at
Madras, one from High Court of judicature at
Ahemdabad and 2 from High Court of judicature at
Combay.
These petitions
were dismissed by
respective High Courts.
The Supreme Court of India allowed the appeal
the
filed by an elected candidate against/order of
High Court of Punjab and Haryana in Election
Petition No. 1 of 1904 (Haryana) by which
it
declared void tha election of the returned candidate.
The Supreme Court reversed the order of the High
Court*
- 15 A urit petition wa3 filed by Shri A.F,Golam
Osmani on bahalf of 'lioordination Committee of
(Minority Organisation1 in the Gauhati HiqltJ Court
challenging the validity of orders, circulars,
guidelines/instructions issued in connection
with the revision of electoral rolls in Assam
by alleging that these were violative of rules
10 to
20 of Registration of Electors Rules, 1960
and articles 14 and 21 of the Constitution.
The
Hiqh Court dismissed the writ petition. Gist of
this judgment is also given.
The Supreme Court of India had made a short
order on 20th September, 1904 dismissing urit
petitions challenging the electoral rolls of 1979 on
the basis of which General Election to Legislative
Assembly of Assam were held in 1903,
The Supreme
of
Court upheld the validity of the use/electoral
rolls of 1979 in the General Election.
It
pronounced its detailed order on 30,9.1905 which
is reproduced in full in the following pages.
- 17 IN THE HIGH COURT OF GUOARAT AT AHHE.-'ADAD
(ElQction Petition No. 2 of 1985)
Satubha K. Vaghala
. . . Petitioner
- Versus —
Zala Qigv/ijayasinhe Pratap
Singhji"and others
...
Respondents
The election petition was filed by Shri Sutubha
K» Vaghala, an elector* who filed his nomination
papers for contesting election to the House of the
People from 11—Surendranagar parliamentary constituency
(Gujarat) in the General Election held in 1984, He filed
his nomination papers between November 21 and November 27,
1984»
Ho, however, did not make and subscribe an oath
or affirmation as required by article 84(a) of the
Constitution,
The Returning Officer wrote a letter to
him informing him about the lapse and advised him to
rectify the defect either before him or the persons
authorised by ths Elaction Commission in this behalf before
the date appointed for scrutiny of nominations*
In reply
to this letter, Shri Vaghala wrote a letter on 22.11.1984
to the Returning Officer stating that
it was not
necessary to make and subscribe an oath or affirmation
before the day appointed for scrutiny of nominations*
According to him, he was required to makQ and subscribe
an
oath or affirmation only after he
was elected
as a Kember of Parliament and before he enters the
- 10 Parliament.
He further submittad that the requirement
of making and subscribing an oath or affirmation
before tha data appointed for scrutiny of nominations
uas illegal.
However, when the Returning Officer commenced
scrutiny of nominations on November 28, 1984 Shri
Vaghala expressed his willingness to make and subscribe
an oath or affirmation and addressed a letter* dated
28.11.1984 to the Returning Officer.
In this letter,
the petitioner reiterated his earlier stand
but
expressed his willingness to do so in deference to the
wishes of his workers.
He annexed tn the letter forms
of oath or affirmation which was signed by him. However»
since hs had not made and subscribed an oath or
affirmation before the day appointed for scrutiny of
nominations, the Returning Officer by his
order dated
23.11.1984 rejected his nomination.
On a perusal of section 36(1) of the Representation
of the People Act, 1951 and decisions of the Supreme
Court in Pashupati Nath Us. Harihar Prasad (AIR 1968
SC 1064) and Hussain Khan Us. Nijalingappa (AIR 1969
SC 1034), the High Co u rt held that the oath or
affirmation specified in article 84(a) of the
Constitution was required to be made and subscribed
before the date appointed for scrutiny of nominations*
As Shrl l/aghala had not done so, his nomination
papers were rightly rejected by the Returning Officer
- 19 It added that It is trua that he was willing to
make and suLscribu an uath ox- affirmation on the da to
appointed for scrutiny of nominations but that was too
late and even
on that data it could not have cursd the
defect in the nomination paper.
He had to be qualified
on the date appointed for scrutiny of nominations and
he would
not be so qualified if he had not made and
subscribed an oath or affirmation as required by
Article 84 of the Constitution.
Ths election petition was dismissed with costs by
the High Ccurt vide its order dated 6.8.1985,
- 20 IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ELECTION PETITION NOS. 2,3,6,8,9,10 and
11 of 1984).
N.P.Rajan
R. (% thivathanan
K.Chandrasekaran
R.Uijayakumaran
S.Prakasam
M.Krishnarnurthy
M.Selvam
G.Balaraman
• » • • Petitioners
S.M^Ramachandran and others
. • • • Respondents
Through these petitions, the petitioners
called in question the election of Shri S.M.Ramachandran
to the Tamil Nadu Legislative Assembly from 8—Anna
Nagar assembly constituency i n the bye-election held
i n 1984.
They alleged improper reception/rejection
of voters and prayed for
recounting of the votea«
The petitioners subsequently
f i l e d applications
seeking withdrawal of ths p e t i t i o n s .
After being
s a t i s f i e d that the withdrawal applications were not
induced by any
bargain and after
following the
procedure prescribed i n section 11B of the
Reprasentation of the People Act, 1951, the High
Court allowed the petitioners to withdraw the
petitions.
- 21 -
IN THE HIGH Cu'UHT C:J jUi-ilCATLT'E hi LJFiDA Y
( ELECTION PETITION NO. 11 OF 13G5 )
Tukaram Sukharara Bcrade
• • Petitioner
— Versus —
Chagan Dhujbal and others
• • Respondents
Through this petition, Shri Tukaram Sukharam
Dorde, a defeated candidate, questioned the election
of Shri Chagan Bhujbal to the Maharashtra Legislative
Assembly fr^m 7-Flansaon assembly constituency in
the general election held in 1985,
He alleged that
applications of 330 parsons for inclusion of names
in the electoral roll of the said constituency were
accepted but their names were not deleted from the
electoral rolls of the other constituencies.
There
was thus non compliance with the provisions of section
17 of the Representation of the People Act, 1950
resulting in improper acceptance of votes by Returning
Officer.
This, according to him, had materially
affected the result of the election in favour of
Shri Chujbal.
Shri Dorade secured 62, 447 votes as
against 10, 63U votes polled by Sgri Bhujbal.
The High Court ruled that section 30 of the
Representation of the People Act, 1950 bars the
jurisdiction of the civil court to adjudicate whether
- 22 any parson is entitled to bs registered in an
electoral roll of a constituency or nut.
It referred
to decisions of the Supreme Court in Nripendra
Dhadur Singh Us. Oai Ram l/arma and others (AIR 1977
SC 1992) and Indergit Barua and others Vs. Election
Commission ( AIR 1904 SC 1911) in which it was held
that finality of electoral rolls could not be called
in question and that an election could not be
questioned on the ground of defective electoral roll.
The High Court stated that Registration of
Electors Rules, 1960 prescribes the detailed procedure
for revision of electoral rolls and that claims and
objections can also be filed under these Rules, Out
no objections filed at the relevant time by anyone to
the inclusion of the said names.
The High Court added that even if it was assumed
that Civil Courts could adjudicate in the matter of
electoral rolls, no evidence uas led to establish
that inclusion of 390 names uas illegal. It uas
also not established as to how inclusion of these
names had materially affected the result of the
election*
The High Court, therefore, dismissed the
election petition uith costs.
- 23 IN THE HIGH CTUHT CF JUDICATURE AT GONLAY
( ELECTION PETITION No, 13 OF 19135 )
Suryabhan Sukadee Gadak
• • Petitioner
- Versus —
Tukararn Sakharam Jighole and others • • Respondents
Through this petition, Shri Suryabhan Sukadeo
Gadak, a defeated candidate, called in question the
election of Shri Tukaram Sakharam Dighole to the
Maharashtra Legislative Assembly from Sinnar assembly
constituency in the General Election held in 1985.
The only ground on which he filed the petition uaa
that the first respondent Shri Dighole was having a
subsisting contract with the government on the day
he filed his nomination papers and that he had to
pay over Rs. 1 lakh to the Government for breach of
the contract.
Shri Dighole was, therefore, disqualified
under section 9A of the Representation of the People
Act, 1951 to contest the election.
Shri Gadak prayed that the election of Shri
Dig hole be declared void and ho be declared elected
as he received the second highest number of votes.
In reply, Shri Jig hole stated that according
to Shri Gadak himself, there was breach or abandonment
of tha contract by the former.
The only remedy for
- 24 ~
the Government was to claim damages which wers
finalised by ths gavr'rnm-;nt vide their letter <'atod
12th November, 1904.
There was thus no subsisting
contract between him and the Government of Maharashtra
The Counsel appearing for Shri Gadak contended
that under clause 3(b) of the contract pressed into
service by the Executive Engineer, the word "rescined"
did not appear in clause 3(b) as in clause 3(a).
Therefore, according to him this meant that the
intention of the parties uas to keep the contract as
subsisting.
Secondly, clause 3 brought about a new
relationship between the
Government and the contractor
about the manner in which the remaining construction
work was tc be carried out on the terms and conditions
of the contract.
Thirdly, the rights and liabilities
are governed by clause 3(b) and the terms of the
contract and not on the basis of the principle of breach
of contract.
Fourthly, until the money due under
clause 3(b) uas paid by the contractor to ths
Government, the contract subsisted, as in tha present
case the contract was not terminated and as such the
contract subsisted.
Fifthly, because of the
applicability of clause 3(b) of the contract between
the Government and the 1st respondent, an amount of
Rs. 1,02,140.95 was due under the said contract and
- 25 there f;_ru, tho cr.trrct was in subsistence till the
payment uas m;. .u in visu of the ratio of thb decision
in the case of Chatturbhuj Vithaldas Us. Moroshuar
Parashram, A.I.R. 1354 Supremo Court 236~Head-ncte(s).
Therefore Shri OigholQ uas disqualified under section
9A of the Representation of
the People Act, 1951.
On the other hand, the Counsel appearing
for Shri Oighole , contended that clause 3(b) of
the contract comes into play only when the contractor
commited a breach of the contract and if the contract
uas to be kept alive, than the action would have
been under clause 2 and not under clause 3(b)« He
submitted that the contract uas put on
end
to
and the Government carried out the uork departmentally,
and if the contract had been kept alive, then the
Government could not have carried out the uork
departmentally under clause 3(b)«
Clause 3 of the contract referred to above
provided that in the event of the abandonment of the
uork
by the contractor, the Executive Engineer
concerned shall have pouer to (a) rescind the
contract and forafeit the security deposit made
by the contractor or (b)
to employ labour and debit
cost of labour and materials to the contract, or
(c) to auard the contract to another contractor and
to debit the excess expenditure to. ths original
contractor*
- 26 On the basis of the facts adduced before it,
the High Court held that Shri Oighole had abandoned
the contract as far back as on 25th January, 1982
and that the PidOi invoked clause (b) of the contract
on 12th November, 1304.
In the light of the
observation of the Supreme Court in S. Flunishnnappa
Vs. R.Uenkatarayappa (AIR 1901 SC 1177) that if the
contract is discharged by breach the entire contract
necessarily
QOGS,
it held that there was no subsisting
contract between the Government of Maharashtra and
Shri Oighole.
It rejected the contention of Shri Gadak
that uhile invoking clause 3(b) of the contract, the
Executive Engineer had not used the expression that
the contract was rescinded.
Therefore, the contract
continued to subsist*It also rejected the contention
of Shri Gadak that the liability to pay damages
created neu relationship between the Government and
the Shri Dig hole.
The High Court, therefore, dismissed the
Election Petition uith costs, vide its order dated
11,9.1905.
•* •
»! » •
-
27 -
IN THE GAUHATI HIGH CDUFvT
WRIT PETITION NO,970 OF 1 9u5
with
H.F.Golam
Misc. Case
No.1210 o f 19L5,
Osmani
Petitioner
Versus
Election Commission of India & Ors. Raspandents
The writ petition was filed by Shri A.F.Golam
Osmani uhu claimed to represent a committee named
"Coordination Committee of Minority Organisations of
Assam" having five constituent minority organisations
representing lakhs of people.
He challenged the
validity of orders, circulars and guidelines/
instructions issued in connection uith the revision
of electoral rolls in Assam by alleging that these
uere violative of rules 1G to Tc of the Registration
of Electors Rules,1950 and articles 14 and 21 of the
Constitution.
He sought a writ of mandamus and/or
any other appropriate writ.
He prayed that these
guidelines etc.be withdrawn or cancelled and until
"fair aid legal electoral rolls" were prepared,
»
general elections in Assam should not be called,
TheWXit petition was heard by the vacation Judge
on 7th November ,191)5.
On the same day, a miscellaneous
petition was also filed praying that the final
publication of rolls may be ordered to be stopped.'
The learned 3udge dismissed this miscellaneous ^Qtition
holding that the final electoral rolls would have been
published by the time any order was passed and as such
issue of any order would be a meaningless exorcise.
— 2 t i -<•
As regards the questi' n of restraining the Commission
from issue rjf the notification, the learned Judge held
that he was bound ioy the judgments of the Supreme Court
infSadig All case, Mohinder Singh Gill case and
Electoral Roll cases of West tenqal and Assam and,
therefore, could not interfere with the issue of
notification calling general elections,
Regar -ling
the other issues raised in the writ petition, the
learned Judge ordered thB issue of notice to the
Commission returnable in 12 days.
Such a notice was,
however, not received by the Commission.
The petition
was also ordered to be placed before a Division £ench»
Th e division Dench framed three legal issues;
(i)
Whether the petitioner had locus standi to file
the petition which lbs claimed to be a public interest
litigation ;
(ii) Whether thg petition uas barred under Article
329(b) of the Constitution of India; and
(iii)Uhether the cirauflars and guidelines impugned in
the petition have vitiated the intensive revision of
electoral rolls so as to merit interference by the Court
in the srit petition.
As regard the first question, the C.-urt observed
that:
"..whether a person is entitled to be registered
or enrolled must Ueperd on his own facts and circumstances,
It is settled law that the right of a citizen to be
enrolled as an elector is an individual right ...»
- 29 uhijle a representative petition as a public interest
litigation may not be thrown out as not maintainable
the decision on each individual claim or objection has
to be given on the individual facts and circumstances
and as such, it would not be possible to decide
numerous cases in a representative petition without
individual facts and circumstances being furnished to
the' court... In the absence of individual facts and
circumstances of 26 lakhs of people whose names have
allegedly been deleted/rejected and in the absence
of any information as to whether they sought remedies
under the Rules, it is neither possible nor permissible
to decide their individual cases in this petition,
which is accordingly liable to be rejected."
In regard to Second question, the court has held
that the writ petition, to tha extent it seeks to
affect and halt the election process, must be held
to be barred under Article 329(b).
AS reagjds the thrid question relating to the
validity of the impugned orders/circulars and
guidelines/instructions issued by the Election Dommissiun
and through its instrumentalities, the ccurt observed
as follows:
"...The petitioner has not shown that these
instructions have not been issued for the purpose of
ascertaining or determining qualifications or eligibility
for registeration of electors.
It has also not been shown
that those included in Part I of the List have been
— 7n
giuen different electoral rights from those included
Part II uf the List*
shown.
No discriminatory result is
Without being informed of discriminatory
consequences of the above guidelines, it is difficult
to hold that they are intrinsically discriminatory
and viclative of articles 14 and 21 of the Constitution
of India-....Ue are not inclined to hold that they
are intrinsically violative of the Rules,1'
The petitions uere dismissed by the High Court
wide its order dated 25.11.C5,
-
31 -
IN THE SUPREME COURT OF INDIA
C I V I L APPELLATE D U R I S D I C m N
( C I V I L APPEAL NO. 4123 OF 1 9 8 4 )
L i l a Krishan
Appellant
Versus
Hani Ram Godara & others
Respondents
An election p e t i t i o n No. 1 of 1984 uas f i l e d
in
the High Court of Punjab and Haryana by Shri Hani Ram
Godara, a defeated candidate, and two others i n which
they called i n question the election of Shri
Lila
Krishan to the Haryana Legislative Assembly from
78-Fatehabad assembly constituency in the
held in December, 1 983.
bye-election
I t uas alleged that the
nomination papers of S/Shri Mani Ram Gbapola
Raj,
Tilak
tuo election p e t i t i o n e r s , were improperly rejected
by the Returning Officer
on the ground that the S.Nos.
in the e l e c t o r a l r o l l of the proposers uere wrongly
mentioned i n the nomination paper.
I t uas argued that
on the date of the s c r u t i n y , the petitioners and many
others uere present at the time of examination and
scrutiny of the nomination papers and that the
Returning Officer
initially
hold those nomination
papers to be i n order but later
on rejected the nomination
of S/Shri Hani Ram Ghapola and T i l a k Raj on the same
day on the ground thet S.Nos. of the proposers given
in the nomination papers did not t a l l y u i t h those
tho e l e c t o r a l r o l l .
in
I t uas alleged t h a t S.Nos, given
-
32 -
in nomination papers were tampered with at tho instance
of tho Chief
Minister.
Tho High Court hold rejection
of nomination of
S/Shri Fir-mi Ram Ghapola and Tilak Raj to bo improper
I t allowed the election petition by holding that the
Returning Officer
could trace out the correct S.Nos.
from the e l e c t o r a l r o l l vide i t s
order dated 28.8.84
and castigated the Returning Officer
by himself
for
manipulating
or manipulating tampering by some one e l s e .
Bo ing aggrieved by tho order of the High Court,
the Q looted candidate Shri
Li la Krishan filed
this
appeal in the Supreme Court.
The Supremo Court absolved the Returning
Officer
of the charge of manipulation as there was no evidence
to prove t h a t .
Officer
As regards ths contention that Returning
could find
out tho correct S.Nos. of the tuo
persons whose nomination papers were rejected,
it
reiterated
i t s e a r l i e r stand that "election proceedings
arc s t r i c t
in nature and what is re-uirod to bo performed
in a particular manner has/,be done as required and
s u b s t a n t i a l compliance has ordinarily no place while
dealing with the Act or the Rules made thereunder".
I t added that to cast the obligation on tho Returning
officer
to look through the entire e l e c t o r a l r o l l s
T) Please sec a "gist of the judgment on pp.30-35 of
Documentation Monthly - October,1984.
of a
'
- 33 particular part with a view to finding out the identity
if tho proposer is not the requirement of the leu.
Such an obligation if cast will bo unworkable
especially during General Elections. It added:
£of
"Defects covered by the proviso to S.33(4;
could cosily be resolved if people authorised
under s.36(i) of tho Act are present at the time
of the scrutiny.. What could bo resolved or
overlooked in case propor stops ucro taken in duo
timo has become a major issue loading to rejection
of nomination papers in tho instant case mainly
on account of the absence of tho candidates,
their election agents or oorsons interested in
them at the timOj/scrutiny. No one was available
for instance, when the Returning Officer took up
the nomination paper of Flani Ram Ghapola, to
indicate to the Returning Officer that his serial
Number in tho electoral roll uas 26 and not 126.
If this had been pointed out and on summary
enquiry tho Returning Officer ues satisfied that
it uas a mistake, clerical in nature, and tho
identity of Brij Bhushan uas n:t in dispute, that
would have been end of the matter. If the
correlation has not boon made and the Returning
Officer has no assistance to fix up tho
identification it cannot bo said to be defeat not
of substantial character, Uo reiterate that it
could not be a statutory obligati -n of the
Returning Officer to scrutinise tho electoral roll
for finding out the identity of tho proposer when
tho serial number terns out to be urong. But if
interested and competent persons poiht out to tho
Ret urnirg Officer that it is mistake, it would
certainly bo his obligation to look into the
matter to find out whether tho mis take is
inconsequential and has, therefore, cither to be
permitted to bo corrected or to bo overlooked."
-
34 -
Tho Supreme Court acHod that i f
Officer
is
identify
not i n a position to
the
correlate and
the proposer, the mistake u i l l
covered by sub scction(4)
Returning
not bo
of sec.36 of tho Representation
of the People Act,1951 as already held by i t
Mohan
in
Brij
Us. Sat Pal(C.A. No. 2658 of 84, disposed of
on 13.3,1985.
It,
therefore, set aside the
of the High Court against
the Returning Officer and
alloucd the aopoal , with costs vide i t s
dated 8.5.1935.
observation
order
- 35 IN THE SUPREME COUrtT OF INDIA
ORIGINAL JURISDICTION
TRANSFERRED CASE NOS.3S4 TO 382 GF 1964
INDFwUIT BARUA & GRS.,etc.
PETITIONER
VERSUS
ELECTION COMMISSION OF INDIA & ORS.
RESPONDENTS.
RANGANATH fiISHA.3
At the conclusion of the hearing, in view of the
urgency of the matter as also the importance of the
issues involved, U Q made an order on September 28,1984,
setting out briefly our conclusions and had indicated
that detailed reasons would be given in the judgment
to be delivered later*
On the 12th 3anuary,1983, election to all the
126 seats of the Assam Legislative Assembly was notified
to be held in February,1983,
Very disturbed conditions
had been prevailing in Assam for a feu years prior
to this period and one of ths issues leading to the
agitation uas the electoral rolls uf 1979 prepared
under the Representation of the People Act,T95O(»1950
Act' for short).
When general election uas notified
a set of writ petitio.ns were filed in the Gauhati
High Court being Civil Rules 87 and 228-246 of 1983.
The first application asked for a mandamus to the
Election Commission and the State Government then under
presidontT3 rule not to hold elections on the basis
of the defective alectoral rolls and to defer holding
of elections on account of tha prevailing disturbed
- 36 situation in the State*
In the Second group of urit
petitions the Cuurt uas asked to issue a mandamous
for preparation of fresh electoral rolls according to
law before election could be held and to restrain the
Commission and the State Government from holding election
on the basi3 of defective and void electoral rolls.
The High Court did not grant interim order of stay of
election though the urit petitions uere entertained.
Consequently, elections uere held to the State
Legislature and by Notification of February 27,1983,
the results of the election uere duly notified,
A number of urit petitions uere then filed in the
Gauhati High Court more or less making similar
allegations and substantially challenging the electoral
rolls of 1979 and questioning the validity of all the
elections to the Legislative Assembly and praying for
dissolution of the House, in some of these applications
relief cf quo-uarranto uas also asked for against named
returned candidate.
These urit petitions uere
numbered as Civil Rules 524,691-693, 695-699,706-707,
694 and 525 of 1903 and uere in due course transferred
to this Court,at the instance of the Election Commission
for disposal.
They have therefore, been assigned neu
numbers as Transferred cases.
Us have thus tuo sets
of cases, transferred from the Gauhati High Court, the
first set challenging the electoral rolls of 1979 and
the Notification for holding of the elections and
asking for staying of tho elections and the second set
- 37 challenging the elections after they uere held and
notified en the ground that the holding of elections
on the basis of the valid electoral rolls of 1979 was
contrary to law and vitiated the elections.
Our order of September 26, 19B4, not only indicated
the conclusions but also provided brief reasons for the
same.
U G > therefore, proposs to refer to the relevant
portions thereof on each issue arising for consideration.
Dealing uith the challenge to the validity of elections
to Assam Legislative Assembly, ue had said:
"The principal ground on which the validity
of the elections has been challenged is not
the electoral rolls uere not revised before the
elections in contravention of the provisions of
section 21, sub section 2(a) of the Representation
of the People Act, 195G and the elections uere
held
on the basis of electoral rolls of 1979.
t\lou it is undoubtedly true that electoral rolls
uere not revised before the impunged elections uere
hold but the Election Commission dispensed uith the
revision of the electoral rolls by an order dated
January 7, 19c3, made under the opening part of
section 23, sub section (2) and this order has not
been
challenged in any of the writ petitions. Hence
the impunged elections cannot be challenged on the
ground that they uere without revision of the electoral
rolls. The petitioners also attached the validity of
the electoral rolls of 1979 on the ground
that the Election Commission had by the
~ 38 Nota dated September 18,1979, erroneously directed
the electoral authorities in charge of revision of
the electoral m i l s not to delete the names of any
persons from the electoral rolls on tho ground of
lack of qualification of citizenship sinco the question
of citizenship was not one which could bo decided
by the electoral authorities and the electoral rolls
of 1979 wore, therefore, invalid and tho impugned
elections held on the basis of the electoral rolls
of 1979 uere void.
Ue do not think there is any
substance in this contention.
In the first place, Art.329(b) of tho Constitution
bars any challenge to the impugned elections by a
urit petition under Art.226 as also on the ground that
the electoral rolls on the basis of which tho impugned
elections were held uere invalid.
sought to escape
The petitioners
from the ban of Art.329(b) by
contending that they are challenging the impugned
election and that the ban of Art.329(b), therefore,
does not stand in the way of the writ oetitions filed
by them challenging the impugned elections.
But we
do not think this escape route is open to tho petitioners.
There is in the Representati n of the People Act,
1951, no concept of elections as a whole.
Uhat that
Act contemplated is election from each contituency
and it is that election which is liable to be
challenged by filing an election petition. It may
be that there is n common ground which may vitiate
-
39 -
the e l e c t i o n from a l l
the c o n s t i t u e n c i e s ,
so i t
from each constituency which has
i s the e l e c t i o n
to bn challenged
be i d e n t i c a l .
but even
though the- ground of challenge may
Even where in form the- challenge i s
the e l e c t i o n s K-S a whole, in effect
to
and substance what
i s challenged i s e l e c t i o n from oach constituency and
Article
329(b) must, t h e r e f o r e ,
be held to be a t t r a c t e d ,
Ue are of the view that nnce the f i n a l
electoral
r o l l s are published and e l e c t i o n s are held on the
basis of such e l e c t o r a l r o l l s ,
anyone to challenge
or constituencies
i s not open to
the e l e c t i o n from any constituency
on the ground t h a t the
r o l l s uere d e f e c t i v e .
for
it
electoral
That i s not a ground
available
challenging an e l e c t i o n under s.100 of the
Representation
of the Peoole Act,1951.
The
finality
nf the e l e c t o r a l r o l l s cannot be a s s a i l e d in procseding
challenging
the v a l i d i t y
of an e l e c t i o n
held on the
basis of such e l e c t o r a l r o l l vide Kabul Singh V.Kundan
Singh,(1970)
I SCR 845.
Article 329(b) in our opinion
c l e a r l y bars any writ p e t i t i o n challenging the impugned
election
on tho ground t h a t the e l e c t o r a l r o l l s
of 1979
on the basis of which tho impugned e l e c t i o n s were held
uere
invalid."
Article
329(b)
of the Constitution
provides.
"Notwithstanding anything in t h i s
(a)
X
X
X
X
Constitution,
XX
- 40 (b)No election tc uithor House of Parliament
or to tho House or either House of
of the Loois loture or a state shall be called
in question oxcept by an election petitionpresented to such authority and in such manner
as may be provided for hy or under any law
made by the appropriate legislature".
Therefore, an election can be challenged only by
filing of an election petition in the manner prescribed
by the Representation cf the People Act., 1951. A
Constitution Bench of this Court in 3aqan Nath V.
1
3asuant Singh & Ors,, has said:
"Tho general rule is we 11 • settled that the
the statutory requirement of election lau •
must be strictly observed- and that an- election
contest is not an election at lau or-a suit
in equity but is a purely statutory proceeding
unknown to the common law- and that- the Court
possesses no common law
2
In Hari Uishnu Kamath V. Syed Ahmed Ishag & 0rs«
Uenkatarama Ayyar, 3. Spoakim for the C->urt, said;
"
These are instances of original proceedings
calling in question an election, and uould
be uithin the prohibition enacted in Article
329 (b),.
3ut uhen once proceedings have been
1.1954 SCR 892
2.1955 SCR 1104 nt 111 .
- 41 instituted in accordance with Article 329(b)
by presentation of an electi n petition, the
requirements of that article are fully s a t i s f i e d
Thereafter uhen the electi n netitinn is in
due course heard by a Tribunal (nou the High
Court) and decided, whether i t s decision is
open to attack, and if so, uhara and to what
SKtcnt, must be determined by the- general lau
applicable to decisions of Tribunals. The vieu
that Article 329(b) is limited in i t s operation
to i n i t i a t i o n of proceedings for setting aside
an c-lactinn and not to the further stages
follo'jinq on the decision of the Tribunal is
considerably with reference to a candidate
whose election hns been set aside by the Tribunal."
To the same effisct are the observations of
another Constitution Bench in the case of
Durga Shankar MehtaU.Thakur Raghuraj Singh
& Ors., Flukher jea,3 # (os he then uas)spoke for
the Court thus:
"The non ^bstrmte clause with which article
329 of the Constitution begins and upon which
the respondents1 counsel lays so much stroes
debars us, as i t debars any other court in the
land, to entertain a suit or ?. proceeding calling
in question any election to the Parliament or
the state legislature. I t is the Election
Tribunal(Nou the High Court alone that can
decide such disputes, and the proceeding has to
be initiated by nn elacti 'n netition and in such
manner as may bo provided by a statute,
"
3, 1955 5.C.R. 267.
-
42 -
These arn clear authorities
and the position,
has never boon assailed-in support r f
the
potitinn
that an C! lection can 'oe challenged only i n the manner
prescribed by the Act.
In this view nf
ue had concluded that w r i t
-otitions
the matter,
under
2^6 challenging the election to the State
Article
Legislature
were not maintainable and election p e t i t i o n under
section
81 of
The
the Act had to be f i l e d
in the High Court.
Act does not contemplate a challenr-a to the election
to the
Legislature as a whole and the scheme of the
Act is clear.
Election of each of the returned candi-
dates has to be challenged by f i l i n g
election p e t i t i o n *
quite s t r i c t
The proceedings under the Act are
and clear
provisions
hou an election p e t i t i o n
be parties
of a separate
have been made as to
has to be f i l e d and who should
to such election p e t i t i o n .
As ue have
already observed, uhon election to a legislature
held i t
is
elections
not one election but there are as many
as the- Legislature
to the elections
by f i l i n g
is
has members.
The challenge
to the Assam Legislative Assembly
p e t i t i o n under A r t i c l e
was, therefore
It
is
not
to able i n
the admitted case of
the electoral r o i l s
226 of the
constitution
law.
"lartias
before us that
of a l l the constituencies
one i n the State of Assam,uero last revised
excepting
intensively
during the year 1979 with reference to Danuary 1 , 1979
as the qualifying date.
In the case of No.114-
- 43 3onai(S.T.) Assembly Constituency only summary revision
uas undertaken ns intensive reuisinn uas not possible
for tho reason thnt thoso areas
UOTB
by flood water at the relevant time.
submerged heavily
The general
election to the House of Parliament uas held in 1900
on the basis of the said electoral rolls.
An annual
revision of tho doctoral rolls as per requirement
of the low as nlso the
practice obtaining in the
rest of the country could not be undertaken in 1980-81
or 1982 mainly on account of adverse lau and order
situation prevailing in tho State,
The Legislative Assembly of the State of Assam
had been dissolved by the President acting, under
Article 356 of tho Constitution by proclamation dated
March,19,1982, and tho extended period uas due to expire
on Inarch,19, 0 3 . ^
The Election Commissi -n uas
intimated by the Union Government on 3enuary 6,1983,
that tho Presidential proclamation would he revoked
by tho end of February, 1 983.
folding ^ f election
in Assam for constituting tho Legislative Assembly
ueil before the und of that period, therefore,
become an immediate necessity.
The Election Commission
had herdly oir-ht uoeks1 time in its hand to complete
the process.
Without loss of further time the Commission
issued the Notification.announcing.the election
programme on January 12,1983, and the election uas
proposed to bo hold on tho basis of tho existing
electoral rolls of 1979.
- 44 According to the no titi nnars the electoral rolls
of 1979 without being ap ropriotely revised as required
by law were not tho proper rolls on the basis of which
election could have been conducted.
It hns been
pointed out that the process of revision had been
undertaken but the Election Commission suddenly stooped
it and decided that the unrevised and out of date
rolls would provide the basis for holding of the
elections.
It is tho submission of the petitioners
on the- basis of a decision of this Court in Chief
Commissioner.A.jmer U.Radhey Shyam Doni that it is
essential for democratic elections that proper
\
electoral r~lls\phould bo maintained and in order that
\.
tho some may bo available, it is necessary that after
the •ironaration of the electoral rolls opnortunity should
bo given to the parties concerned to scrutinise whether
tho persons enrolled as electors possess the requisite
qualifications.
Opportunity should also be niven
for the revision of tho electoral rolls and for the
adjudication of tho claims for being enrolled.
Unless those arc dons tho obligation cast upon those
hold ng thu a lections is not discharged and the
elections held on such imperfect electoral rolls
would acquire no sanctity and would be liable to be
challenged at the instance of the -arties concerned.
In the case- referred to above, validity of municipal
elrcti -ns was under consideration.
Obviously provisions
- 45 of Article 329(b) of the C-nstitution
had no
application to such election and this Court was dealing
uith the statutory requirements for
elocti
holding of tho
ns,
Challenge to tho 1979 electoral r o l l s is on the
basis that persons uho are not citizens
of India have
been included in tho electoral r o l l s .
Infiltration
of people from outside
of their
India into Assam and inclusion
names in the electoral r o l l s
constituted
one of the main grounds for the agitation in Assam.
Section 16 of tho 1950 Act clearly provides that a
person shall be disqualified
electoral r o l l if
for registration
he is not a citizen
in an
nf India',
Do tailed
provision has boon made in the Registration of Electors
Rules to raise objection to tha inclusion of the name
of a disqualified
person.
Part III
-if the 1950 Act
makes provision for electoral r o l l s for Assembly
Constituencies.
Section 21 deals uith
preparation
and revision of electoral r o l l s ; section 22 provides
for correction of entries in electoral r o l l s
uhile
section 23 authorises inclusion of names in electoral
rolls.
Section ?4 provides and appeal to the Chief
Electoral Officer
fr->m arny order made by the
E'octoral
Registration Officer
under 8.22 and 2 3.
Section 21
making provision for
proporati >n and revision of
electoral r o l l s runs thus:
(i)Tho electoral r o l l for dach constituency
shall
be prepared i n the prescribed manner by reference
- 46 -
to the qualifying late and shall come into
force immodiatc ly upon its final -IUC lication
in accordap.cG with the rules made under this Act.
(?)
(a)
The said electoral roll:
shall, unless otherwise directed by the ElectionCommission for reasons to he recorded in writing,
be rsvisod in the described manner by reference
to the qualifying date
(i)
before each general election to the Houso of
people or to the legislative assembly of a
State; and
•
(ii) before each bye-election to fill a casual vacancy
in a scat allotted to the constituency; and
(b)
shall be revised in any year in the prescribed
manner by reference to the qualifying date if
such revision has been directed by the Election
C -mmissions
Provided that if the electoral- roll is net
revised or continued operation of the said electoral
roll shall not thereby bo effected.
(3)
X X X X XX X
X X X X X X X X X X X X
The proviso, thorfore, makes the positi n cloar beyond
doubt that if for some reason an electoral roll is not
revised as required by sub—s#(2),the unrevissd roll
is not affected in any way and continues to he the
electoral roll holding the field.
Dealing with the aspect about the validity of
electoral rolls of 1979, uo he--:': indicated:
"UG may also point out that in nur opinion
the electoral rolls of 1979 cannot be condemned
as invalid.
The countcr/affidavits of Shri Ganeshan
Secretary to the Electv?n Commission and
5hri Ashok Kumar Arora, additional Chief Electoral
- 47 Electoral Officer, Ass^m, clearly show that the
procedure proscribed by tho•Representation of
the People Act,1950, for revision of the electoral
rolls -Jos followed.
The Prass Note dated
September 18,1979, on which considerable reliance
uns placed on behalf of the Totitionors must be
rend along with the correspondence exchanged
between the Chief • Electoral Officer, Assam and
the Secretory to the Election Commission prior
to the issue of the Press Note and if all these
documents are read as a whole, it is clear th q t
no instructions uero issued by the Election
Commission to the Chief Electoral Officer not to
decide the question of citizenship if any
objection to a particular entry in the draft
electoral rolls uas raised on the ground of
lock of qualification of citizenship.
All that
the Election Commission directed the Chief
Electoral Officer to do ug.3 to proceed on the
basis that those-whose names ware already
included in the previous electoral rolls—and
we may point out that the electoral rolls of
1977 on the basis of which the election to the
Assam Legislative Assembly were hold
in 1978
wore not at any time challenged by any of the
petitioners- should be prima facie regarded as
satistying the qualification of citizenship and
if any specific perann on the ground of lack of
qualification of citizenship was raised, it
should be decided by the appropriate electoral
authoritues and the burdon of showing that such
person uas not a citizen should be the objector.
- 4G ~
" Ue are informed and the affidavits also go
to shou that in fact a large number of
objections b3sed on the nound of lack of
qualification of citizenship were disposed
of by the appropriate electoral- authorities
aftar-the publication of the draft electoral
rolls.
So far as tho inclusion of any neu
names in the draft electoral rolls uas
concerned, the Election Commission directed
that the utmost care should be taken to
ensure that only citizens were enrolled as
electors.
in any uay
Ue do not think that these uere
indefianco of the provisions of
the Representation of the People Actj 1950,
and the Electoral Registration Rules, 1960
made under that Act.
The electoral rolls
of 1979 must, therefore, be regarded as not
suffering from any legal infirmityj though
ue may reiterate once again that even if the
electoral rolls of 1979 uere invalid, that
would not affect the- validity of the impunced
elections ncx would a writ petition under
Article 226 of the Constitution be maintainable
for challenging the impunged election. "
From the materials placed by the parties and
the Election Commission,
we have come to the
conclusion that the Election Commission, did
not give directions contrary to the requirements
of s. 16 of the Act and the revision of the 1979
electoral rolls could not be undertaken for reasons
beyond the control of the Election Commission.
As
- 49 pointed out by us in our order of September 28, 1984,
there was no dispute to the Electoral roll of 1977
nor was any challenge advanced against the election
of 1978 to the State Legislature held on the basis
of such rolls.
of
Admittedly, the 1979 rolls ware the
outcome/intensive revision of the rolls of 1977.
That being the position and in vieu of the proviso
to sub-section(2) of S # 2 1 which ue have extracted
abovo the electoral rolls of 1979 uero validly in
existence and remained effective oven though the
•i
process contemplated in sub-s» (2) f or revisi -n had not ''
either been undertaken or completed.
It has been
indicated by a Constitution Bench decision of this
court in Lakshi Choran Son & Ors.v. A. K.M. Hassan
Uzznman & Ors,. that preparation and revision of
electoral rolls is a continuous process not connected
with any particular election but when an election is
to be held, the electoral roll which exists at the
time when election is notified would form the
foundation for holding of such £3 lection.
That is
why sub-s.(3) of s.23 provides for suspension of
any modification to the electoral roll after the last
date of making of nomination for an election and
until completion of the raloctinn. Ue had, therefore,
come to the .conclusion that the electoral rolls of 1979
worn not invalid and could provide the basis for holdinQ
of the elections in 1983.
Uhother preparation and
-
50 -
publication of the electoral r o l l s are a part of the
process of olectinn within the moaning of Article
329(b) of tha Constitution is the next aspect to be
considered.
In N. P» Ponnuswami, y. Returning,
Officer.
Namakkal Constituency & Ors., this court had to
decide the amplitude of tho torm"election." Fazal All,
3.speaking, for the Constitution Bench indicated;.
"It seams to me that the word
f
election 1 has
been used in Part XV of the Constitution in
the uide sense, that is to say, to connote
the entire procedure to be -jo- through to
return a candidate to the- l e g i s l a t u r e .
The
use of the expression "conduct of eloctinns"
in .article 324 specifically points to the wide
meaning', and that meaning can also be read •
consistently into the other provisions which
r
occur in Pert XV including- a r t i c l e 329(b).
'"'-'
That the word"election" bears this vide meaning
whenever we talk of elections in a•democratic
country, is borne out by the fact that in most
of the books on the subject and in several cases
dealing with the matter, one of the-question
mooted is', when the election begins, The subject
is dealt with quito concisely in Halsbury's Laws
of England in the /o^VTHf1"10. passage under the heading
"Commencement of theZ "A I t hough the
first
formal stop in every election is the issue- of the
writ,
the election i s considered for some purposes
to begin at an ear liar date-.
I t i s a question
of fact in each cose when an election begins in
such a way as to make the parties concerned
responsible for broaches of election law, the
test
•
being whether the contest is "reasonably imminent11.
-
51
-
Neither the issua nf the u r i t nor the
publication
of the notice of election can bo looked to as
fixinq
the date when an election begins from
t his point of view.
Nor, again does the
nomination day afford
any c r i t e r i o n .
will usually begin at least earlier
issue of the u r i t .
The election
then the
The nuestion when the election
banins must bo carefully
distinguished
from
that as to uhan"the conduct and manariemont of
"an election may be said to begin.
question as to ubon a particular
Again, the
person
commences to be a candidate is s question to be
considered in each case.
The doscuss-' on in this passage makes i t
clear that the word "election" can bo and has
been appropriately used-with reference
to the
entire process which consists of several stages
and ombroces many stops, some of uhich may- have
an important bearing on the r e s u l t
of the process".
Ue are not prepared to take the view that
preparation of electoral r o l l s is also a process of
election. Ue find support for our vieu from the
observations cf Chnndrachud,C3. in Lakshi Charan son's
case (supra)that
" i t may be difficult
consistently
uith that view, to hold that preparation and revision
of electoral r o l l , is a part of election" within the
meaning of Article 329(h)".
to the electoral r o l l for
In a suitable case challenge
not complying uith the
requirements of the law may be entertained subject to
the rule indicated in Ponnusuami's caso (supra).
election
But the
of a candidate is not open to challonne on the
score of tho electoral r o l l being defective.
Holding
- 52 tha election to the legislature and holding thorn
according to law arc both matters of paramount
importance.
Such elections hove to be hold also in
accordance with a timn bound programme,contemplated
in the constitution and the Act.
The proviso added
in s.22(2)of tho Act of 1950 is intended to extend
cover to the electoral rolls in eventualities which
otherwise might hnvo interfered with the smooth
working of the programme.
These arc the reasons for
which we came to tho conclusion that the electoral
roll of 1979 had not been vitiated and was not open
to be attacked as invalid.
Two other brief contentions may now be noticed.
In Transferred Case No,364/84 there aas a prayer that
thn electoral roils on the basis of which election
from Assam aculd be held should be revised before the
holding of such election as required by s.2i(2)(a)
of tho Act of 1950,
This meant an intensive revision.
Counsel appearing for tho Election Commission made a
statement before the Court to the following effect:
"The Commission will carry out revision of the
electoral roll for all constituencies in Assam
in accordance with the Act and the Rules and such
revision shall, as far as practicable be intensive
revision and wherever it is not practicable to
carry out intensive revision in any constituency
or constituoncios, the revision, shall bo summary
or special revision,"
-
53 -
Ua indicated in our order, of September 28,1904,. that
.
the statement made on behalf of the Election Commission
must alla^j the apprehension of a l l the petitioners in
the case since i t made i t clear that before elections
arc held in Assam, there uould be revision
of the
electoral r o l l s in the manner indicated in the s t a t e ment.
Considerable argument .was advanced with
reference to the electoral cs*d»
As i t appears the
Election Commission had introduced a form different
from the one prescribed in Form 4 read with rule 8
of the Electors Registration Rules.
Hore again,
a statement was made on behalf of the Commission to
the fallowing
effect:
"For the sake of greater c l a r i t y and keeping
in view the provision of s.2(c) of the
Representation of the People Act, 1951 , and
Form-4 of tho Registration of Electors Rules,
1960, the word*citizen* shall be substituted
for the word*elector* wherever i t occurs in
ifre electoral card by issuance of a direction
by the Election Commission."
Uith the adoption of the bnsis indicated in the s t a t e ment, the objection on that score must bo tnkon to
have vanished.
Considerable nrgumont had also been advanced
regarding tht; carrying out of revision of electoral
rolls.
Petitioners wanted that tho Election Commissinn
should do so suo~ motp while the Election Commission
plon'lod i t s
inability keeping in view the ambit and
- 54 stupendous proportion of the tnsk and pleaded that
claim or objection should bo the foundation of the
revision.
Deoiip.q uith this question, after hearing
counsel at great io-n^tyh U G had stated:
"The only direction which uo can give to the
Election Commission is to carry -out revision
of the electoral rolls- in accordance uith the
procedure prescribed in the Representation of
People Acti195Q and the Electors Registration
Rulos,1960.
But since the Election Commission
has stated before us that it will carry out
revision of the electoral rolls and that such
revision shall, as far as practicable, be
intensive revision and uhero it is not so practicable, it uill be summary or special, ue
do not think it necessary to give any further
direction to the Election Coin ission.
When the
draft electoral- rolls are ready as a result
of such revision carried out by the El ction
Commission, it uill be ooen to- anyone whose
name is not included in the draft electoral
rolls to lodge a claim for inclusion of hi3 name
on the ground that he is an eligible .olactor
and if the name of any oerson is found
included in the draft electoral rolls even
though ho is not a citizen, it uill be equally
open to anyone entitled to object to challenge
the inclusion of the name of such person in1 the
draft electoral rolls by filing an objection
in accordance uith the Electors Registration
Rt'les, 1960.
It is neither desirable nor proper
for us to lay doun as to u/hat quantum of proof
should be required for the purnose of substantiating
any such claims or objections lodged before the
- 55 ~
Exaction Commission. It would bo for the
appropriate d o c t o r a l officer to consider and
decide in the light of such material as may bo
pro !ucod before him by the objector as n i s i by
tho -jcrs^n whose nams is sought to bo •deleted
from- tho olontcral r o l l s ond such further material
os may l,o available to him including-the
electoral r o l l s if the ear liar years, whether
such par son is n citizen or not.- UG may point
out that tho appropriate electoral officer may
also on his nun, if ho has on thr:- material
available to him including tho electoral r o l l s
of tho oar l i a r years, reason to entertain any
doubt, take steps to sstisfy himself in regard
to tho citizenship of a person whose name is
sought to bo included or has been included in
tho a In ct oral r o l l s .
lib t''Mo nntn of the position and with a sense of
satisfaction that with the accord reached about Assam*
tho a:\iitoticn seems to have ended.
The Election
Commission is at work and in compliance with the
provisions of tho Act end the Rules, the electoral
r o l l s arc being revised.
Ua hope and t r u s t that
elections which are indispensable to tho democratic
process would bo held in accordance with law as
expediently as possible and nn the basis of a revised
electoral r o l l in terms nf the statement made to the
Court by the Election Commission1,
New D e l h i ,
September 3 0 , 1 9 0 5 .
CD.
, *
3.
(Amrendra Nath Sen)
0.
(U.Balakrishnan Eradi)
{Raiignath flishra)
' ?U *
°
iU.
- 56 -
CH.iPTER - III
CriSES OF
DISLJUHLIFICATIONS
During the month of December, 1905, no person
uas disqualified under section 1 OA of the Representation
of tha People net, 1951 for his failure to lodge his
accounts of election expanses as required under
section 77 of the Representation of the People Act,
1951 uithin tho time and/or in the manner required
by law.
However, in exercise of the powers conferred
on the Commission
under section 1uA of the Representation
of the r'eople net, 1951, section 22 of the General
Clauses Act, 1C97 and all other powers enabling it
in that behalf, tha Commission vide its order dated
3 .1 2 . 05/revoked retrospectively its
order dated
j
7.10.1903 by uhich it had disqualified Shri Najegouda,
S/c Piarisiddaiah, Sagaranahalli, Gubbi Taluk, (karnataka.)
•• • *
•
»
•
- 57 CHAPTER - IV
DISPOSAL OF ELECTION PETITIONS
During the month of December, 1905, the
Commission received intimation about disposal of
23 election petitions. Intimation regarding disposal
of one appeal
in election matter was received
from the Supreme Court of India.
Details jf election petitions filed, disposed
of and pending in the High Courts and appeals in
the Supreme Court following (a) General Elections
to the
Legislative Assemblies held in 1977-79,
(b) General Election to House of the People halo in
1900, (c) General Elections to the Legislative
Assemblies, 1960, (d) General Elections to the
Legislative Assemblies, 1902( e) General Election
to the Legislative Assemblies, 19C3, (f) General
Elections tc the House of the pPeople, 1904,
(g) General Elections to Legislative Assemblies,
1904 and (h) General Elections to the Legislative
Asssmblies, 1905 are furnished in tho eight
statements (i to U111) annexed.
As on 31.12.1905, 400 Election petitions
and 39 appeals were pending in different High Courts
and Supreme Court respectively, M statement (No. XI)
showing the period for which these election petitions
in different High Courts and appeals in the Supreme
Court are panding in also annexed.
STATEMENT - I
GENERAL ELECTIONS TO THE LEGISLATIVE ASSEMBLIES, 1977 to 1979.
Numbers of election petitions filed, disposed of, pending
in the High Courts and appeals in the Supreme Court.
S~. No. Name"*"oT "State"
Union
Territory.
1"
(As on 31.12.1985).
"Elec"tTo"n "Pe t i ITio" ns* in~~the" 'Hiq C"our1T« A"pp'eaTs'""in the •'Su'pr.'a'm'e DoJurT.
Uisposed of
Pending
Filed
Disposed or
ending iiled
Upto the. During Total
Upto tha Durxng Total
end of
the
"
end of
tho
last month month*
last month month.
21
A ndhra Pradesh(1978)
Assam f i 9 7 6 )
9
3 . Bihar ., 977)
.,
31
4 . Haryana (1977)
7
5 . Himachal Pradesh(1977) 5
6. Gammu & Kashmir(1977) 19
7 . Karnataka(!978)
74
Kerala(lg77)
19
a.
P'ladhya
Pradesh(i
977)
28
9.
13
10. Maharashtra(1978)
risghalaya(i978)
1
11.
l\lagaland(i970)
9
12.
Orissa
(1977)
6
13.
16
14. Funjab(i977)
R
a
j
a
s
t
h
a
n
(1377)
18
15.
2
16. S i k k i m (1979)
T
a
m
i
l
Nadu(1977)
8
17.
U
t
t
a
r
Pradesh(1977)
18.
37
19. U e s t Bengal (1377)
1
1.
2.
.
^
21
9
31
7
5
19
74
19
28
13
1
9
6
16
13
2
8
37
1
_ __
^
21
9
31
7
5
19
74
19
28
13
1
9
6
16
18
2
8
37
1
••
••
6
3
6
2
_
4
4
6
6
2
_
1
1
10
4
™
5
9
_
„
_
_ . ,
6
3
6
1
_
4
4
6
5
2
_
1
1
10
4
_
5
7
. ^
3
6
1
4
4
6
6
2
1
1
10
4
5
7
"1TJ
~1T
UNION TERRITORIES:
1. D e lhi(19?7)
4
4
Hii:oram(1979)
1
2
1
2
1
2
Pondicherry
(1977)
2
2
2
2.
Goa Daman & O i u
3.
4.
TOTAL:
333
333
333
333
-
333
333
1
2
1
2
-
-
-
•Mi
72
72
69
69
-
69
17
GENERAL ELECTIONS TO THE LQK 5ABHA, 1980.
Number of election petitions filed, disposed of, pending in the
High Courts and appeals in the Supreme Court,
(As on 31.12.1985).
S'.'Na. Name of State"/™ ElecTi~n""P~tTtTo7is i l l "the T[i'a~h""Cour't. Tip'pea'ls in~tKe~Su~p~anie*"~C~ur'tT
Union
Fjlad
Disposed of
Pending Filed
Disposed of ;
Pending
Territory.
Upto the" During
Total
Uptc~the
During Total
end of
the
_
'
end of
the
l a s t month.month
l a s t month Month
_1
; __2_
„ „ „ _3_ I „ £ I __ I 15" Z I I6- I I7I I I Z I I ! I I _ Dl „ I lU I I J2".
1 . Andhra Pradesh
2. Bihar
3. Gujarat
4 . Himachal Pradesh
5. Haryana
6. Jammu and Kashmir
7. Karnntaka
8. Karala
9. r-iadhya Pradesh
10. Maharashtra
11. Orissa
12. Rajasthan
13. Tamil Nadu
14. Tripura
15. U t t a r Pradesh
16. West Bengal
UNION TERRITORIES;
1 . A r u n a c h a l Pradesh
2. Delhi
"
3. Qadra & l\|.- H a v e l i
TOTAL:
1
1
14
11
22
1
1
1
1
2
1
1
1
1
1
44
6
5
1
1
2
1
1
1
22
14
13
22
1
22
1
59
1
-.
.
~
-
1
2
1
-
52
1
52
1
11
3
3
1
2
1
1
1
_
_
1
_
_
1
1
.
«
1 - 1
1
1
1
4
^
2
2
5
1
„
1
1
1
1
1
1
1
2
1
1
13
1
3
2
2
—
7
1
14
1
:
_
_
_
.
«
1
1
_
_
1
„
2
-
_
i
1
2
_
-
-
.
10
-
-
_
_
-
j
10
2
.
_
_
-
I
-j
_
1
_
4~ ""
GENERAL ELECTIONS TO' LEGISLATIVE'ASSEMBLIES. 1980.
Number of election petitions filed, disposed ofy pending in thg
High Courts and appeals in the Supreme Court.
(As on 31.12.1985).
S"."NO"Z
__
Na"ni"e "of~S'Fa"Fe
Unicn
Territory.
_
j T _ _ _2
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
~
Bihar
Gujarat
Kerala
Fladhya p r a d a s h
pianipur
(Maharashtra
Drissa
Punjab
Rajasthan
T a m i l Nadu
Uttar nrsdesh
Arunachal Pradesh
Goa, Daman & Diu
14. Pondicherry
TOTAL!
Eiec'ti'o'n" "pet'it'io'ns" Tn~th"e""HTqh" "Court's. ~"HppeaT3 i n "the" Supreme" C*'cu'r'tf
Filed
Disposed o f
pending
Filed ~
Disposed of
Pending
Upto the
During
Total
Upto the During
Total
end of
the
and of
the
l a s t month month
l a s t month month
1
3_ „ I ^ _ I _ ~5~ ™ ~ ~6~ I I I 1 _ I I I _ Z H _ I I I I Z I ! I ~ ~2~ "
33
5
8 8
23
44
1 5
44
42
20
17
29
1
2 2
.
211
1
27
4
-
23
-.
-
1 6
41
17
17
27
1
-
1
192
-
27
4
8
23
4
16
4
41
17
1
27
1
2
12
1
3
-
7
_
1
3
2
-
3
1
2
5
*
1
_
9
9
5
1
1
2
5
1
2
_
11
1
8
1
1
-
-
]
_
-
-
-
-
-
192
19
45
37
_
9
.
9
5
.
-
1
-
3
1
2
5
-j
\
1
.
_
.
.
37
_
-j
_
2
2
3
_
.
_
I ~*i-
Jim
GENERAL ELECTIONS TO LEGISLATIUE ASSEMBLIES, 19B2.
Number of election petitions filed, disposed ofy pending in the
High Courts and appeals in the Supreme Court*
(As on 31.12.1985).
3. No. "Name oT Utate/""
Union
Territory.
T
Election1 Petitions Tn"*~the High CourtT.
Filed
Disposed of
Pending
Upto the
During Total
"
end of
the
'
last month month
_^
1.
Himachal
2.
Pradesh
" 5 "" ~ ~6
12
"" V ~ "~ ~ ~1"O
~ T1" " T2
3
3
2
-
17
15
15
2
14
1
4
4
4
1 2
H'.iryana
27
27
27
3.
Kar a 1 a
15
U
4.
liest
5.
Nnoaland
TOTML:
""8
b
12
Bengal
""7
Appeals in""ths Supreme CourtT ~
Filed"
Disposed of
Pending
Upto the ""'"bur ing Total
end of
the
last month* month.
-.
8
7
7
1
-
-
4
3
3
1
2
1
66
63
63
28
23
23
I r\ | CI'ICIM I
"• U
GENERAL ELECTIONS TO THE LEGISLATIVE ASSEMBLIES, 1983.
High Courts and appeals in the Supremo Court*
(as on 31.12.1=185).
5."NV;.
T
Name o7 State/ ETac"tion PatTi tiers' Tn the High" "CotFrt. Appeals in The oupr'crne Cour't.
Union
Filed_
Disposed of
Pending' Filed
Disposed of
^ Ponding
Territory.
Upto the.
During Total
Upto' tha
Durino TJl "
snd of
the
end of
thelast month month
"8
~
~ ~"W ~~
12
"1T
1. .-indhra Pr a d e s h
39
34
-
34
5
5
3
1
4
2
3. Jammu and Kashmir
75
14
1
15
61
4, K arnataka
22
21
21
1
5. Raghalaya
5
5
-
5
6. Tripura
4
2
-
2
14
8
6
14
166
87
2'.
i-\ s s a rn
7. Oalhi
TOTAL:
95
11
1
2
71
11
STATEMENT - VI
GENERAL ELECTIONS TO THE' HOUSE OF THE PEOPLE, 1984-85.
Number of e l e c t i o n p e t i t i o n s f i l e d , disposed of, pendinq i n
High Courts and appeals in the Supreme Court.
the
(As on 31 . 1 2 . 1 9 8 5 . ) '
S . No.
Name of S t a t e s / E l e c t i o n P e t i t i o n s in the Hiq*h Co'uFt. AppeTaTg ini The Suprem"
Union
Filed
Disposed o?
. Pending
Filed
Disposed of"""""
Pending
Territory,
Upto the
During ToT^T
Upto date
During Total
end of
the
end of
the
l a s t month month
—
_ ™.l^.si. JD°Htii month,
T
3
1 ""
5
"5T
7"
"" 8
9
"" TO ""
1•
2.
3.
4.
5.
6.
7.
b,
9.
10.
11 .
12.
13.
14.
15.
16.
Andhra Pradesh
Bihar
Gujarat
Haryana
Jammu & Kasbmir
Karnataka
Ktirala
Madhya pPradesh
Maharashtra
Orissa
Punjab
Uttnr Pradesh
West Bengal
Lakshadueep
Qadra & N. Haueli
Delhi
TOTAL
—
_
1
1
_
1
1
1
—
7
5
5
2
2
2
1
1
2
2
1
2
15
6
1
1
4
52
1
1
14
14
5
5
1
1
2
1
—
1
1
1
2
8
6
1
_
3
35
2
1
STATEMENT - V I I
GENERAL ELECTIONS TO THE LEGISLATIVE ASSEMBLY. 19B4.
Number o f e l e c t i o n p e t i t i o n s f i l e d , disposed o f , pending i n the
High Court and appeals i n the Suprern8 C o u r t /
(As on 31.12.1385).
S'.N'oT TJanWoT STtate" *~E"Ie~tTon FeTit'i'c'ns' Tn""tKe""HTr)'h 'Cc-'urt'.*" TTpg'a'i'Ls Tn""tlTo~3upre'me'~C'o"uT't7
Union
Filed
•Ji'spbsBd of
pending
Filad
Disposed o f
Pending
Territory.
Upto the
During Total
Upto the
During T o t a l '
end of
the
end of
the
_
last month* month
l a s t month month
I1™ I. _ 11111 _ I l l - i Z I I I I51111117I I I I I 8 II «911111S 111C I .J2~_
1 . Tamil Nadu
5
-
-
2 . Manipur
4
-
-
3. Arunachal Pr-adash
1
4« Go a , On man & Jiu
5. Mizoram
TCTHL:
'
1
q
12
-
1
4
-
-
.
-
-
-
_
4
-
I
_
^
[
11
-
1
_
.
—
_
_
-.
-
.
„
«
.
«
.
_
_
_
_
STATEMENT -
VIII
GENERAL ELECTIONS TO THE LEGISLATIVE ASSEMBLIES, 1385.
High Courts and appeals in t^s Supreme Court.
(As on 31.12.1985)
S~.NcT N"a?nQ~oT S"t~t'e/~ETec'tTo'n
Union
Filed
Jisposed o f
Territory.
Upto th
Juring Total
and of
the
la_st
("ouri".~H'p*p'eaTs""in' t~h~ S'u'prj'me' C"ou"r 1:,""
Disposed o f '
""Pending
Pending
Filed
Upto the
During Total
end of
the
10
7
1. Mndhra Pradesh
2. Bihar
3. Gujarat
4. Himachal Pradesh
5 * Karnataka
6. Maharashtra
•7
I
f'bcihya Pradesh
Orissa
9. Punjab
10. Rajasthan
11. Sikkim
12. U t t a r Pradesh
13. Hondicherry
TOTA
17
45
9
12
25
26
54
8
12
24
2
74
1
41
4
13
0
2
~
2
5
-
310
36
Ti
12
15
44
9
6
26
6
5
T
15
19
13
2
7
41
6
12
24
2
7
57
1
1
51
25 9
4
4
- 67 STATEMENT - IX
Statement show inQ periods for iJhich election Petitions
in the Hiqh Courts and ap peals in the Supreme Court are
pend inq .
£:
(As en •7-1 n o iqM i^
Name of State/
Lea s than
Between
Between Between Over
Union Territory.
1-2Years. 2-3Years. 3-4 Years.4 Years
a year.
SC HC SC
HC
SC HC
HC
SC
SC
SC
Andhra Pradesh
Assam
Bihar
Gujarat
Haryana
Himachal Pradesh
Oammqi & Kashmir
Karnataka
Kera la
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
Ufctar Pradesh
Uest Bengal
Arunachal Pradesh
Delhi
Lakshadwaep
Mizoram
Goa,Daman & Diu
Pondicherry
[Jadra & |\|, Haveli
TOTAL:
21
_
49
10
1
6
2
27
»
42
Q
4
—
7
14
24
_
4
—
75
6
1
3
1
4
—
_
1
—
—
2
_
_
2
<—
_
—
_
_
_
_
3
—
_
_
_
_
_,
_
2
_
2
—
—
_
_
2
_
—
_
—
—
1
61
1
—
_
—
1
_
_
•
—
—
—
l
—
—
—
—
„
1
—
—
2
—
—
—
.»
_
—
—
—
—
_
-
M
«.*
1
—
-
•_
1
1
~
_
_
1
-
_
-
307
10
1
16
~
•_
—
—
_
—
_
1
—
1
_
—
1
—
""
~
*.
4
—
—
—
3
—
1
5
—
2
_
—
—
—
_
-
_
2
1
25
MM
—
—
-
73
1
~
-
2
„
_
15
1
_
_
1.
1
_
—.
_
—
1
_
2
—
_
—
—
_
5
2
—
6
— 58 «•
CHAPTER - V
VACANCY STATEMENT
At the end of December, 1905, there was
no vacancy in the House of the People ana obly one
vacancy in the Council of States.
In the Legislative
Assemblies of various States, there existed 13
vacancies whereas in the Legislative Councils of
various States, there ware 134 vacancies*
A
statement showing details of vacancies is given
in the following pages.
-
69 -
ABSTRACT -
I
T o t a l number o f s e a t s i n C o u n c i l o f
and L e g i s l a t i v e C o u n c i l s and v a c a n c i e s .
( As on 3 1 . 1 2 . 1 9 8 5 ) .
S".l\)o7 TJa"fne""oT s"t~t~/~ "o'un'ciT "o f~S'taTes reg'is'la'tTvls "coiTnc'iT
- Union
Total
Vacant
Total
Uacant
Territory.
C
R
C
R
_1
1.
2*
3*
4*
5.
6.
7«
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
I.lI_IIII Z3l I I I I I5
Andhra Pradesh
Assam
Bihar
Gujarat
Haryana
Himachal Pradesh
Jammu & Kashmir
Karnataka
Kerala
18
7
22
11
5
3
4
12
9
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
16
19
1
1
1
10
7
10
1
18
1
2 1 . U t t a r Pradesh
22. West Bengal
UNION TERRITORIES;
1 . Andaman & N. I s l a n d s
2 . A r u n a c h a l Pradesh
3 . Chandigarh
4 . Dadra & M. H a v e l i
5. Delhi
6. Goa,Daman & Diu
7 . Lakshadueep
8 . Mizoram
1
—
-
—
-
I
96
~
36
63
II
8
-
34
—
—
8
21
•*>
—
1
-
I
-
34
16
1
3
—
~
1
-
5
-
~
-.
-
78
1
-
8
,
-
^
-
63
-
1
-.
21
108
-
39
-
-
-
_
-
-
~
—
—
~
«.
-
—
~
—
TOTAL;
232
1
444*
3
131**
C - Casual uaca'nc'i'e'sT ~" " " " " " " " " —
. — - . — -. — -. — —
—
R = Vacancies due t o r e t i r e m e n t .
NB. D e t a i l s o f vacancies are shown i n the an*losed atayement.
*
T o t a l seats i n c l u d e s members nominated by Governor
concernoo i # e . 1 2 each f o r B i h a r , Fladhya Pradesh, Maharashtra
and U t t a r Pradesh and 9 each for T a m i l
Nadu and K a r n a t a k a .
**
This does not include vacancies arising out of members
nominated by G o v e r n o r .
ABSTRACT - II
T o t a l number o f seats i n the House o f the People
and S t a t e L e g i s l a t i v e Assemblies and v a c a n c i e s .
7Janie~"oT S'ta't~/~H'o'us"e'""oT
Union
Total
Vacant
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13,
14.
15.
15.
17.
10.
19.
20.
21.
22.
Mndhra Pradesh
Assam
Bihar
Gujarat
Haryana
Himachal Pradesh
Uammu & Kashmir
Karnataka
Kerala
Madhya Pradesh
Maharashtra
Manipur
Meghalaya
Nagaland
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
Uttar Pradesh
Uest Bengal
UNION TERRITORIES:
1. Andaman & N,Islands
2.
3. Arunachal Pradesh
4. Chandigarh
5. Dadra & |\l. Haueli
6. Delhi
7. Lakshaduesp
0. Goa,Daman & Diu
Mizoram
TOTAL:
42
14
54
26
10
4
6
28
20
40
48
2
2
1
21
13
25
1
39
2
85
42
5
2 94
6
126
324
102
90
2
_
2
—
60
76*
224
140
320
208
60
60
60
1
_
147
117
—
200
32
234
60
1
1
2
2
425
2 94
1
2
1
-]
7
1
2
1
542
(As on 31.12.1985)
"' Tec[i's'la'tTv~ ~s's~B'm'bTy~
Total
Vacant
30
56k
—
30
30
-
3997
12
^ Excluding 24 seats ear~ma~k~d~foY~P'akTs'ta"n 'occ"u'pi~d""Te'rFitoFy,
@ Metropolitan Council Constituencies.
NB: Details of vacancies are shauQ in statement enclosed.
. n o n n i o j . i_u
•••••••
"Name o f State
No. o f
seats
vacant.
j . IV r n l \ L. X H IIC. IM I
HNU
O I H 1 L
L t U 1 5 L M I U K E.S «
.
(As on 3 1 . 1 2 . 1 9 8 5 ) .
No. and Name o f
constituency.
Cause o f
vacancy.
Date o f
vacancy.
Date o f
Poll*
Remarks
- 7-
COUNCIL OF STATES
1.
Gujarat
By members
Regn.
25.11.05
24.1.06
HOUSE OF THE PEOPLE
Nil
>
Contd....
LEGISLATIVE COUNCILS
1.
Bihar
34
Patna
L.A.
Nalanda L.A*
Gaya L.A.
Aurangabad L.A.
Nauada L.A.
Bhojpur L.A.
Rohtas L.A.
Saran L.A.
Siuan L.A.
Gopal Ganj L.A.
East Cha.mparan L.A.
Uast Champaran L»A.
Pluzaffarpur L.A.
Uaishali. L.A.
Sitamarhi L.A.
Oarbhanga L.A1 * .
Madhubani L.A.
Samaatipur L.A.
Honghyr L.A.
Bequsarai-cumfChagaria L#A.
Bhagalpur L.A.
Purhea L«A.
Katihar L.A.
Santhal"Parganas L.A.
(2 seats)
Hazaribagh L.A.
Girid'ih L.A.
Kanchi L.A«(2 seats)
Palamau L.A.
Ohanbad L.A.
Singhphum L«A,
(2 seats)
Hadhepura L,Am
Retired
11 members
retired on
6,5,70, 11
membars
retired on
31.5.G0 and
13 members
retired on
6.5.62.
bcdies(fv1embGrs of
which constitute the
electorate of local
authorities
constituencies),is
awaited from th&
Chief Electoral
Officer.
_ 1_
.
2 . Jammu &
Kashmir
3. Karnataka
Retired
5.9.84
Dammu Province
(4 seats)
Retired
11.9.84
Kashmir Province
(3 seats)
Retired
11.9.b4
By FiLAs
Tahsii Kargil
(1 seats)
21
Bidar L,A.
Gulbarga L.A.
Bijapur L.A.
Belgaum L,A«
(2 seats)
Uttara
Kannada L.A.
Dharuad L.A.
(2 seats)
Haichur L.A.
Biliary L,A.
Chitradurga L.A.
Shimoga L.A.
OakshinaKannada L.A.
Chickmacalur L.A.
Hassan L»/-i.
Tumkur L.A.
Handya L.A. '
Bane 3 lord L.A.
Kolar L.A.
Kadagu L.A.
Mysore L.A,
Retired
7 members
retired on
1 .7.7C,
7 members
retired on
14.5.00 and
7 members
retired on
11.6.32.
Certain local bodies
yet to be constituted<
— "I
""* ~" "7
4. Maharashtra
8
3
•
*
- * mam « * mm
S"
M
Retired
7.7.82
Retired
27.6.84
Madras L.A,
Retired
21.4.74
Chengalapattu
Retired
21.4.76
North ;:ircot L.A. Retired
(2 seats)
South Artec L.A.
(2 seats)
TirunchirapallyHudukkottai L»A.
(2 seats)
Kanyakumari L.A.
21.4.78
Nasik L.A.
Pune L.A.
Os ma na bad-c urnLa tur-cum—Seed I
Aurangabad L.A.
Parbhani L.A.
Raigad-cumSinghdurg-cum; R a t n a g i r i L.A.
Duo to non-existance of
local bodies biennial
elections can't be held.
-d-o-
Satara L.A.
Amrauati L.A.
S. Tamil Nadu 21
•rta
Rec°nstitution of the
Madras Corpor.ation(tha
members,of which
is auaitad,
Raconstitution of local
bodies awaited.
CoimbatoreNilgiris L.A.
(2 seats) '
Ma durai L.A.
(2 seats)
Tirunaveli L.;s»
(2 seats)
• Uu"
Tamil Nadu(Contd.)
6. Uttar Pradesh
Thanjavur L.A.
Retired
(2 seats)
5aiem~0harampuri
L.A.(2 seats)
Ramanathapuram
L.A.(2 seats)
Tehri Garhual L.A. Retired
Garhual L.A.
Kumaon L,A«
Maradabad-Bijnar
L.A.
RafDpur Barailley L.A.
Badaun L.A.
PilibhitShahJQhanpur L.A.
Hardoi L.A..
Kheri L.A.
Sitapur L.A.
Lucknou-UnnaoL.M.
Rao B a r e l i L.A.
Pratapgafh L.A.
Sultanpur L,A.
Bara Banki L.A.
Bahraich L.A.
Gonda L.«»
Faizabad L,a,
Basti L.A.
Gcrakhpur L.A.
Decria L.A.
Azamgarh L.A.
Ballia L.A.
Ghazipur L.A.
21.4.80
Reconstitution of
-local bodies awaited.
26 members —
retired on
5.5.80 and
13 members
retired on
5.5,82.
of
local bodies awaited.
1
2
Oaunpur L.A«
V/aranasi L.A.
MirZapur L.A.
Allahabad L.A.
Banda-Hamirpur
L.A.
'
Jhansi-3alaunL a l i t p u r L,A.
KanpurFatehpur L.A.
EtauahFarrukhabad L . / i .
Agra PL.A.
Wathura-Etaua
Mainpuri L.A.
(2 s a a t s )
A l i g a r h L.A.
Bulandshahr L. A.
fteerutGhaziabad L.A.
fluza f f a r n a g a r Saharanpur L . H .
Retired
26 rriGmbars
r e t i r e d on
5.5.80 and
13 members
r a t i r a d on
5.5.82.
1 . 3ammu '^nd
Kashmir
By Kashmir
panchayat
Rt?gn»
11.6.83
2.
By PILAs
D G ath
Uttar
PradQsh(Contd.)
R e c o n s t i t u t i o n of
Local bodies awaited,
CASUnL VACANCIES;
Maharashtra
Ramanathapuram
Taaohors •
Constituency
Panchayats i n Kashmir
province have not been
iionstitutod,
1 8.10.35 20.1.85
24.11.b5
3. T a m i l Nadu
-
-
-
77 """"
- T
fl1
- - - E"
I " "
~7"" ~ - -
-
LEGISLATIVE ASSEMBLIES
1 . Assam
2b~Golakganj
9-Kaliabor
Electicn
countermanded
on 29.11.85.
H ec n •
30.12.35
20.9.35
9.9.85
2. Haryana
14-Jundla
63-Bhadra
Hag n.
3 . J a m mu &
K'as hrnir
4 0-Doda
Declaration dated
10.4.03 of result
was cancelled and
repoll ordered in
16 polling stations
vide Commission's
c • r de r dated 22.6.03,
The Commission's
order dated 22.5.03,
cancelling t h Q RD's
declaration of result
and direction of repoll
in 16 polling stations
was stayed by 3 & K
High Court on 29.6.03
in urit petition No,
291/03. On appeal by
the Commission, the
Supreme Court vacated
thQ High Court's stay
order on 19.7.03 and
directed the High
Court to dispose of
the urit petition
oxpeditiously. The High
Court decision in the
writ petition is still
awaited.
-
78 -
"*1~" — — — — — -*2"" •-—•-"—• " " 3 ~ -~ -~ -"• — —.—•— ^—.—. — — — - j — — — — — — •^ — ~—.
4 . Karnataka
2
115-Chamaraja
53-Kallambella
Death
Regn.
14.11.85
18.12.05
5 . Kerala
1
111-Ranni
Death
22.3.05
5 . Maharashtra 2
271-5angli
263-3aoli
Reqn.
Dsath
19.11.05
20.11.05
-
7. Pondicherry 1
13-Bahour
Death
21.12.05
-
-
23.1.06
Tripura
1
29-Taliamura
Daath
7.12.05
-
Uttar
Fradash
1
16-Kashipur
R. 9n .
1.12.05
-
-
79 -
CHAPTER I/I
Commission^ views and Press statements
on c e r t a i n aspects of a l s c t i o n s
During December tt35, the Commission's
press statements regarding appointment
for
the. e l e c t i o n s ,
to Assam to review
elections,
possible
visit
of deputy
of
views/
observers
E l e c t i o n Commissioner
the arrangements
made for
the ftssam
DEC's assurance to take steps to stop any
misuse of o f f i c i a l
arrangements made for
machinery,
Assam e l e c t i o n s
completion of e l e c t i o n s
security
and s a t i s f a c t o r y
appeared i n the
press.
The Commission's views about the e l e c t o r a l reforms
also appeared i n the
The r e l e v a n t
i n the
following
press.
press c l i p p i n g s
pages.
are reproduced
14 l^CRE ELECTION OBSERVERS FuR ASSAM APPOINTED
After complaints that tension was building up in
Assam, the Chief Election Commissioner, Mr ,R.K.Trivedi,
today appointed 14 more observers in the State to
ensure smooth .polling to the Assam Assembly and for
14 Lok Sabha seats from the State on December,16«
Ten Central and 14 State observers were appointed
by the Election Commission sarlier,
had
Tho complainants / said that workers of one party
were tearing away /fchg postars and banners of the other
parties.
Such complaints uere becoming common from all
parties, according to reports received,
Mr.Trivedi
said, it was more or less a common feature in some
places*
He has sent the Deputy Election Commissioner ,
Mr.V.Ramafcrishnan, to Assam to asses3the situation.
He would remain there a fe-a more days to keep a close
watch.t Pir, Trivedi has asked his deputy to appeal
to the political pajeties when he me&ts their
representatives not to indulge in practices which
cause unnecessary avoidable tension.
They should
adhere to clean i3lectioneering *
Except for a couple of cases of beating up of
workers of some parties, the situation is reported to be
well under control,
"Tempers are sometimes aroused,
particularly in areas, where the contest is n^ck and
n e c k % the Chief Election Commissioner said*
- 81 He was satisfied with the deployment of Central
and State police forces in Assam and hoped that they
"will b e able to maintain perfect order before, during
and after the elections",
Pir.Trivedi expected to "leave an absolutely clean
slate" with the completion of the Assam elections,
as no major elections are
It will be my suan/normally due for another two years",
he added.
Asked about the possibility of snap elections in
Kerala in uieu of indic-itiora that the State .Assembly
might be dissolved, he said that depended on the
exigencies of the situation*
He would not leave any pending work for his
successor whoss name has yet to be announced as ho
would sign the annual report of the Election Commission
on December 31 before he retires.
STATESMAN
NEW DELHI
12.12.1985.
- b2 -
DEPUTY CEC'S ASSURANCE TO AGP
A delegation of the.Asom T«na parishad mat
Sri \l,Ramakrishnan Deputy Election Commissioner today
at Dispur to apprise
him of the situation in Assam#
The delegation impressed on Sri Ramakrishnan to
effectively stop the manufacture*.transport and
distribution of liquor throughout the State during the
next feu days, till the election was aver. ShriRamakrishnan agreed to take up the matter with the State
Government.
Certain instances of misuse of Government
and rolice machineries by the Congress(i), particularly
in Nazira and Hcjai constituencies,were
also brought
to his notice.
Sri Ramakrishnan assured the AG $ delegation that
the Election Commission uculd tak e a very serious view
of such activities and directed the Chief Electoral
Officer of Assam to advise the State Government
suitably.
He also told the delegation that there
should be no apprehensions about booth-capturing,
rigging and similar evils as the Election Commission
CEO, Assam and the State Government were vigilant.
According to A G P -sources,the Ccngress(l) has been
using the CRPF and other police forces to prevent
movement of AGP supporters and vehicles from entering
into the area covered by 13 tea gardens in Nazira
constituency since Decan ber 10.
Only Congress (l)
vehicles are allowed into the tea garden areas for
campaigning, the sources alleged.
-
G3 -
The.AfP P r e s i d a n t - i n - C h i e f
Mahanta,
Chief
requested
Commissioner,Sri
him t o
the
direct
R.K.Trivedi
State
Government
He has a l s o
observers
bribe
Mahanta a l l e g e d
voters,
the
that
sources
the
and
to
for
Regarding
Congress(i)
ASSAM TRIBUNE
NEU DELHI
13,12.1985
of
demanded
exclusively
said#
Kumar
attention
and Nagaon Sadar C o n s t i t u e n c i e s .
Nagaon,Sri
to
the
Cancress(l).
a p p o i n t ! s-nt of C e n t r a l
Nazira
Prafulla
has i n a t e l e g r a m draun the
Election
restrain
Sri
uas
trying
~ 84 ~
aSS/.f-i SECURITY STEPS IN STATE uF READINESS: EC
The administrative and security arrangements
for the Assam palls on 0ec»16 are in a full state
of readiness
Deputy Election Commissicner U»
Ramakrishnnn paid tcday. •
Mr•Ramakrishnan, who returned after a three—
day visit to Assam to review the administrative
arrangemsnts, expressed satisfaction at the overall
situation.
Security presence in vulnerable -areas in the
State has been strengthened so that there is no scape
for intimidation during or immediately after polling.
The para-military units from the Border security
Force,Central Reserve Police and the Central Industiral
Security Force have taken position alongside the Assam
Police to ensure peaceful and smooth conduct of polling*
Mr.Ramakrishnan described campaigning in the
State as "very enthusiastic and vigorous".
He said
there has not been any major incident.of violence during
campaigning, which comes to a close at 3#30 p.m.
tomorrow,
The political parties and candidates have, however
complained of tearing of posters, disturbance of meetings
and the like.
Mr.Ramakrishnan, who had meetings with representatives
cf the various political parties, impressed upon them
and the candidates to adhere to ths model of conduct
circulated by the Election Commission,
-
{35 -
He has also asked thd Chief Electoral Officer
of. Assam to ensure that polling personnel at every
centre was adequately mixed by drawing upon personnel
from the Central Government who. have boen deputed for
the job.
The Commission has named 15 senior officers
of. the State Government to assist the 17 observers
appointed for as many districts.
Asked about the Uanata Party complaint in respect
of the by—election for Lok Sabha to be held at Banka
in Bihar,Mr.Ramakrishnan said detailed instructions
have bsen sent to the Bihar authorities to ensure
smooth conduct of the elections,
Janata party President Chandra Shekhar had in a
Press statement yesterday expressed fears of blood-
*
shed and booth—capturing in Banka and sought
intervention of the President and the Election Commission.
THE HINDUSTAN TI
NEU DELHI
14.12.1385
- 06 STEP TAKEN TU ENSURE URliERLY POLL;
TRIVEuI
The Chief Election Commissioner,. Mr ,R.K .Trivedi
has "uarned" that any attempt at violence and boothcapturing during polling in Assam and else where will
bo dealt uith sternly, reported UNI.
In. an appeal to the jloctorata on Saturday, he
said administrative arrangements had been mads for
preventing violence "of any kind and nc intimidation
of the voters will be permitted.w
The Commission has
received several complaints from certain parties
that they apprehend these kinds of trouble on the
polling day.
Barring "stray incedants" of violence, the poll
campaign had been peaceful, Flr.Trivedi added.
Meanwhile, five observers have been appointed
by the Election Commission to ensure peaceful and
orderly poll for the Parliamentary and Assembly
by—elections in three States*
The Commission Secretary, Mr.C. L.Rosa,; told reporters
in New Delhi that two observers had been appointed
for the Bolpur parliamentary by-elections and the
Nanur(SC) Assembly by-election which is under the
parliamentary constituency in Uest Bengal. Besides this,
one observer had also been appointed for the Aurangabad
Assembly by—lesctiun in the State,
- 07 One observer each has been appointed for the
two Assembly by-elsctions in Punjab and in Cheyyarin
Tamil Nadu*
All the appointees are State Government
officials and u/iil remain posted until the completion
of the election procedures.
Thy Election Commission has asked the Chief
Secretary to the Assam Government to report on the
alleged transfers of some officers after the
announcement of holding of general elections in the
State.
He has also been asked to inquire whether
there was delay on the part of an officer to release
his junior colleague drafted for election duty and
whether action was being taken against the latter
for joining poll duty late Mr.Rose said.
The Bihar Government has been asked to strictly
follow the special guidelines of the Commission for
peaceful holding of the by-elections he added.
The bluster of three weeks of hectic electioneering
ended in Assam or; Saturday and party workers fanned
out on door-to—door campaigning.
In a field of 12 parties for the first time since
the 1^78 polls in the State are all the seven national
parties~the Congress(I),Janata Party, Congress(9)
Lok Dal, Bharatiya Janata Party,Communist Party of India
and the Communist Party of India(Marxist).
- 81; Also.contesting the elections are two newly-formed
regional parties-the A3om Gana Parishad, posing the
main challenge, to ths Con^raas(i) bid for a second
consecutive term, and the rival United Minorities Front.
The Ccngress(l) is contesting all the 125 Assembly
seats the AGP 109 and the UPlF 55.
...
As the campaign ended at 3,30 p.m. canvassers for
the record number of 1,234 candidates took off the
streets the fleets of vehicles used since November 22
to woo an estimated 9,00 million voters spread over
the 17 districts.
The State Government has deployod. more than.rJ2j700
security personnel in the State and kept tho ftrmy in
readiness to meet any eventuality,
polling personnel continued to move out to the
13,705, polling booths.
Five polling personnal headed
by a presiding officer have been deployed in aach booth
and all were expected to reach their stations by Sunday
according to the Assistant Chief Electoral Officer,
Mr.FI.R.Das,
PTI adds:Mr.Rajiv GandhH on Saturday expressed
sethe confidence that his party would get majority in the
Assam elections*
The Prime Minister, who returned to Guwahati airport
after addressing his last election meeting at Mangaldoi
was asked by reporters about the Congress(l)1s poll
prospects.
I am confident of my party getting a
majority" he answered while boarding the plane to leave
for Delhi.
-
89 -
Mr.Gandhi who wound up h i s w h i r l w i n d
poll
campaign s h o r t l y
before
descended on Assam t h i s
to
vote
without
fear,
vote would decide
Congress(l)
the 40 hour
afternoon,
bearing
the future
four
pra-poll
lull
asked the people
i n mind t h a t
o f Assam.
would mean s t a b i l i t y ,
day
their
llote
for the
peace and p r o g r e s s .
SUNDAY STATESMAN
Delhi
15.12.1985
- 9D POLL CHIEF SATISFIED
Chief Election Commissioner R.K.Triv/edi today
expressed satisfaction over the"by anJ large peaceful11
polling in Assam*
He said tonight.that fearring some minor incidents,
the polling passed off peacefully.In fiye districts
of the State there was 70 to 75 per cent of polling
In the remaining districts, it was as high as between
55 and 65, he added*
Ueputy Electicn Commissioner l/,Ramakrishnan
said there wore some minor clashes at the Silchar
constituency of Caesar district.
There were reports
of snatching away of ballot papers.
being ascertained.
The facts were
If.necessary, there might °e
repoll there, he. added,
Mr.Ramakrishnan said the overall percentage of
polling in the State was 65 per cent.
Details were
awaited.
In West Bengal, there was 55 per cent polling*
Reports from Tamil Nadu, where an Assembly by-election
was held, was awaited, he said.
In other parliamentary and Assembly by~election,
thare was moderate polling, he added,
HINDUSTAN TINES
NEU DELHI
17.12,1985
1s
TaTE SHOULD FUND SOME POLL EXPENSES *
Tncj Chief Election Commissioner, Mr.R.K.Trivedl
said hare today that he was in favour of-'partial
state funding of election expenses.
Tho limited state funding should not be in cash
but in kind, through free supply., of electoral rolls,
provision of stationery for identity slips, subsidised
broadcast/telecast over ufficial media,Mr,Trivedi
said in an interview.
He said all out efforts should be made to reduce
the expenditure on elections, he would spell out details
of his proposals at the two—day conference of chief
electoral officers here on December,20 and 30.
GREAT RELIEF! Commenting on the Assam elections
Mr.Trivedi said there was so much pressure and counter
pressure and "striking a balance" between the
conflicting claims was a tremendous job.
"But the
commission has accomplished tha task with the cooperation of all and were able by and large not only
to prepare fairly accurate rolls in terms of the accord
but also to have peaceful elections."
He said that despite apprehensions expressed in
several quarters about the emergence of dissatisfied
elements^ "it is both a great relief and a matter of
immense satisfaction for us to see the commitment of
the people to the democratic process*11
Secondly, it helped to resolve a national issue
h had become the bone of contention during the
- 92 last six years.
It also brought the state of Assam
into the mainstream by providing representation in
Parliament after a gap of almost six years.
ASSAM POLLS:Mr. Trivedi said the Assam elections
had also upheld the "dignity and autonomy of Election
Commission.
1 am very much satisfied today that our people
cannot b e fooled.
They have their oun mind and they
have proved beypnd doubt that they will not permit
anything to denigrade the democratic system,"he said.
Replying to questions,Mr,Trivedi, said he has
suggested to the government suitable legal amendments
to make certain non—cognizable electoral offences as
congnizable offences to curb muscle power.
Besides
there should be provision for fresh poll in case of
destruction of ballot papers and malpractices,
intimidation ct im, ersonation.
As far as the Assam elections were concerned
he said there were no complaints of booth capturing
or intimidation of voters.
TIMES OF INDIA
NEU DELHI
24,12,05.
- 93 CHAPTER - VII
REUISION OF ELECTORAL ROLLS IN ASSAM.,
In pursuance of the assurance given to the
Supreme
Court in September, 1904 during the hearing
of the writ petitions challenging the validity of
1983 elections, the Commission decided to undertake
intensive revision of electoral rolls in Assam, The
Chief Electoral Officer was directed to qear up the
electoral machinery before embarking on the actual
revision.
To put the eligibility for enrolment
beyond any doubt, he was asked to prepare a list of
persons from the 1979 rolls whose names appear in the
1971 rolls or who can trace their lineage to persons
entered in the 1971 rolls.
In addition to the one Electoral Registration
Officer for each constituency .about 3000 Assistant
Electoral Registration Officers uere also appointed.
At the rate of one enumerator for a village or uard
in a town area and one Supervisor to oversee the work
24,QUO enumerators
of 4 enumerators, and/6LiG0 supervisors uere appointed.
Before the actual house to house enumeration
started, detailed guidelines to enumerators uere issued,
Intensive training was also imparted to the supervisors
and enumerators. The enumeration started on the 19th
November, 1904. The electoral card had been revised
- 94 substituting the uord 'Citizen1 for 'Elector' in
pursuance of the undertaking given by the Commission
to the Supreme Court.
In case of refusal by the head of the household
or the adult member to sign the electoral card,
enumerators uera directed to make a note of such
refusal on the card.
Instead of the duplicate card, Form 4
"* uas to be handed over to the head of the family in such
cases so that he may, if he so desired, apply to th e
Electoral Registration Officer.
There were cases of refusal to be enumerated by
some persons in ths villages bordering Nagaland, Meghaâya
and Arunachal Pradesh. In such cases, enumerators uere
directed net to enrol these names and instead hand
over Form 4 to such persons.
The house t
by 31.12.1904.
house enumeration.work was completeJ
The total number of persons enumerated
uas 104.54 lakhs.
The Illegal Migrants (Determination by Tribunals)
Act, 1983 has taken a clear cognisance of the fact that
a sizeable number of migrants had illegally entered
India after 1971 and most of them stayed on in Assam.
As such,the Commission considered that an entry in the
1971 rolls would prima facie establish the citizenship
of such elector.
Accordingly, the names of persons
- 95 enumerated in 1984 were arranged in two lists. List I
contained names of persons whose linkage with 1971
rolls could be established directly or through their
lineage.
List II contained names of all oth-er persons.
It was found that List
names and List II 39.72 lakh.
1 contained 64.82 lakh
In other words, 62%
could establish linkage with 1971 rolls. The entire
List I was taken as part of the draft rolls for the
constituency. Entries in List II w- re subjected to
detailed spot verification by the Police, Revenue and
Forest authorities on the basis of the two proformae
prescribed by the Commission.
Those proformae were
mainly intended to elict information as to whether
the person concerned was in India before 25th March,
1971 and whether any competent authority had declared
him to be a non-citizen.
The verification reports were
processed by tne Electoral Registration Officers.
If the Electoral Registration Officers decided that the
person concerned was resident in India before 25th
March, 1971 and was not declared a non-citizen his
name was included in a supplement to List I. After
completion of the verification and processing work,
List I together with the supplements was published as
draft
rolls for the constituency. The first batch of
rolls was published
in draft in March, 19Q5 and the
- 35 last in Duly, 1385.
Initially a period of 25 days was
allowed for filing claims and objections. This was
extended from time to time on the recommendation of the
Chief Electoral Officer.
On representations received from All Agsam Students
Union, All Asom
GangSangram Parishad and others, the
Commission decided to accept objections on plain paper
provided that a separate application giving full details
of the persons objected to and grounds of objection along
with documentary proof is filed for each name objected to«
This was intended to enable Electoral Registration
Officer to exercise his suo moto powers to get over
situations where in a particular part of the electoral
roll, no person comes forward to file an objection which
results in ineligible persons remaining includsd in
that part of the rolls.
The Electoral Registration Officers were asked to
furnish data relating to the strength of draft rolls
before publication.
In case the strength was found
to be abnormally hign compared to 1971 rolls, speciallyappointed additional Chiaf Electoral Officers were asked
to review the verification reports so as to determine
whether parsons, in whose cases verification reports are
vague or ambiguous, have been included.
In such cases,
the Electoral Registration Officers were directed to delete
such entries after following the proscribed procedure*
- 97 As the verification of 39.72 lakh entries uas
required to be dene in a short period, a large number of
officers uere appointed to revieu the reports so as
to eliminate chances of perfunctory or fraudulent
uer i fication.
When the rolls were published in draft, nearly
23,19 lakh claims and objections uere filed. For each
claim or objection, the Electoral Registration Officer
or Assistant Electoral Registration Officer uas to
verify the records first and then give due notices to
persons concerned fixing a place and date of hearing.
After hearing, he uas tu make an order and prepare
necessary supplement for addition or deletion of an
entry.
To cape with this huge ucrk, nearly 3000 Assistant
Electoral Registration Officers uere appointed.
Around the time the Assam accord uas signed, the
electoral rolls of 62 constituencies uere finalised and
finally published.
On 15th August, 1985»an agreement uas signed
betueen the Government of India and the leaders of All
Assam StudentsUnion and All Asom
Gana Sangram Parishad.
By the memorandum of Agreement, the agitation on the
foreign nationals issue continuing since 1979 uas
happily brought to an end.
-
93 -
Keeping i n vie« the s p i r i t
>
of the agreement and
ths statement made by the Home Minister in Parliament
on 16th Auqust, 1985, the Commission agreed to give
a further period of one month for filing claims and
objections in respect of all thn 126 assembly
constituencies in the State.
Accordingly, in respect
of 62 constituencies for which the electoral rolls
had already been finally published, the Commission
ordered special revision under section 21 (3) of the
Representation of the People Act, 1950 and âccordingly,
ordered
their publication in draft on 27th August,
1905 and allowed time
up to 27th September, 1985 for
filing claims and objections.
In respect of the
remaining 64 constituencies, the Commission extended
the period for filino claims and objections upto 27th
September, 1905.
Also keeping in vieu the statement made by the
Home Minister in Parliament on 16th August, 1985, the
Commission appointed 1u senior I.A.S. Officers of the
rank of Joint Secretaries to the Government of India as
observers in the State of Assam from 1st September, 1905
till the completion of revision of electoral rolls. In
order to check the method of disposal of claims and
objections by Electoral Registration Officers and Assistant
Electoral Registration Officers, about 70 Additional
Chief Electoral Officers uho are senior officers of ths
-
99 -
State Government were also appointed.
duties of work uf a J j i t i o n a l
The nature of
Chief Electoral
Officers
and the Central Observers uas broadly the same.
Lu'hon the l a s t date for filing
claims and
objections uas over on 27th September,
8.14
1905, nearly
lakhs of claims and 11.64 lakhs of objections
were f i l e d .
were filed
A very large number of the objections
on the l a s t
date.
The position r e l a t i n g
objections
to disposal of claims and
is as follows: —
1. Total number of persons
enumerated (as on 1.1.05)
2.
104.54 Lakhs
Persons in L i s t - I .
64.02 Lakhs
3. Persons in L i s t - I I
39.72 Lakhs
4.
Electors
5. Claims
in draft
rolls
filed
95.03 Lakhs
About)
10.00 Lakhs
6. Objections filed (including (H bout ) 1 3 . 00 Lakhs
plain papers objections)
7. Claims
accepted
C. O b j e c t i o n s
After
5.74 Lakhs
accepted
2.92 Lakhs
ordering special revision in respect of 62
constituencies
and extending the period
for
filing
claims
and objections
in respect of remaining 64 constituencies
also upto27th September, 1985, the Commission issued
consolidated guidelines to Electoral
Officers.
Registration
- 100 Some of the important features as given in
consolidated guidelines are as follows: 1.
Only individual applications should b e accepted
and applications cannot be filed in bunch by the same
ind iv
2.
The head of the family may submit claim applications
of all members of his family, but at the time of hearing
of each application, the head of
the family cannot depose
on behalf of other members of the family and each member,
if required, should appear before the Electoral
Registration Officer.
3.
In case of objections not in Form 7 (referred to
as 'plain paper objections' for convenience) where the
suo moto powers of the Electoral Registration Officers
are sought to be invoked, the objector should indicate
the name and details of the persons objected to and
also the grounds of such objection. Separate application
should be presented in respect of each individual
objected to.
4.
Claims and objections with incomplete particulars
should ba rejected.
5.
If a claimant proves his linkage with an entry
in 1971 electoral roll, it should be taken as a
prima facie proof of
eligibility subject to the
condition that no adverse order of a court or tribunal .
a
had been passed against such/person about his
citizenship or eligibility.-
- 1 01 6.
If a claimant produces evidence of his name
being entered in a post-1 971 electoral roll, that
also should not be taken as conclusive evidence of
eligibility. In such case, details as to whereabouts,
of the claimant during the period between 1st January,
1971 and 25th March, 1971 uill be relevant.
7.
The onus and burden of proof uuuld be on the
claimant to prove his claims and similarly on the
objector to prove his objection.
8.
If an objector or claimant relies on documents
which are in exclusive possession of the Government
to prove his case, then it is for the Electoral
Registration Officer to examine the details from the
records available in the office.
9.
One of the criteria fur eligibility for enrolment as
an elector is citizenship and the Electoral
Registration Officers should rely primarily on the
following documents (a) Citizenship certificate issued by competent
authority;
(b) Extract from electoral roll of 1971 or
pre-1971 electoral roll;
(c) Copies of National Register of Citizens
(N .R . C . ) ; and
(LJ) Certificate of date of birth.
Any other document like land records, certificates from
gaon burahs etc. should be taken as only supporting
and not conclusive evidence.
- 102 10.
The Electoral Registration Officers under the
pouers entrusted under Rule 21(a) of Registration
of Electors Rules, 1960, ars empowered to delete,
after following prescribed procedure, the names of
persons who cease to bo or are not ordinarily residents
in the constituency*
11.
Under the said rule, the Electoral Registration
Officer may delete the names of ineligible persons
brought to his notice by plain paper objections after
fully satisfying himself about the evidence produced
by the objector.
12.
The Electoral Registration Officers were also to
delete the names of persons included in List-I from
List-II on the basis of perfunctory reports of
verification authorities if such cases are brought to
his notice at tho time of rechecking by Additional
Chief Electoral Officers and Central Observers.
13.
The Electoral Registration Officers were
authorised under rule 21 (1 ) to include names which
were left out of the rolls inadvertently through
clerical mistakes.
The Commission's directions stressed the point
that no person who can prove his eligibility for
inclusion in the electoral'rolls should be deprived
of the privilege.
For this purpose »the Registration
Officer was mainly dependent on the evidence produced
- 103 by the individual concerned and the records available
with the Government.
In this regard the Registration
Officers faced many problems because sometimes the
Departments of the State Government
relevant documents in time.
did not produce
For example* in a
particular area after verification uas over and the
Electoral Registration Officers had taken action on
the ba'sis of such verification reports, it
was brought
to their notice that about 4000 persons in that District
had actually been served with Quit India Notices and
this uas not reported td.the Electoral Registration
Officers.
Ths Electoral Registration Officers were
asked to ra-open all such cases to delete the names of
persons concerned after following the prescribed
procedure. There ware also instances of certain officers
who failed to record speaking orders on claims and
objections while passing orders. The Additional Chief
Electoral Officers and Central Observers were required
to check all such
cases and also other cases to see
whether the disposal of claims and objections has been
done in a systematic manner and in accordance with the
instructions of the Commission.
In the peculiar
circumstances prevailing in the State and also keeping
in view the fact that the Electoral Registration
Officers were required to examine and pass orders in
- 104 respect of more than 23 lakhs of claims and objections,
the task was gigantic and could be completed uith the
active involvement of all concerned particularly the
supervisory officers.
On 1bth August, 1935,the
Governor of Assam
dissolved the Assam Legislative Assembly under Mrticle
174(2)(b) of the Constitution of India. The last sitting
of the dissolved assembly was held on 18th Duly, 1905
and under the provisions of Article 174(1) of the
Constitution, six months shall not intervene between
the last sitting of one session of the assembly and the
date appointed for its first sitting in the next session,
and accordingly the next session of ths assembly had
to be convened before 1Cth January, 1906, Therefore,
it was a Constitutional necessity that the Commission
had to hold a general election to constitute a new
legislative assembly before 10.1..1986.
The Commission issued instructions that the
disposal of claims and objections should be finalised
early and the electoral rolls shall be finalised as
early as practicable to pave the uay for holding the
general elections in time in the State. About 70
additional Chief Electoral Officers, 10 Central
Observers and over 3000 Assistant Electoral Registration
Officers were appointed to complete the gigantic
task and to have effective supervision over the disposal
- 105 claims and objections.
It was also stressed that the
Commission1s guidelines should be strictly adhered to.
As on 27th September, 1385, the total number of
claims and objections filed during the entire period
fixed for receiving claims and objections (which
incidentally happens to be lonqest ever allowed in
any State so far) was a little over 23 lakhs, after
disposing of all claims and objections* the electoral
rolls of all 126 constituencies were finalised and
published finally on 7th November, 1905, thus bringing
to a successful conclusion, the massive and difficult
operation of the revision of electoral rolls started on
19th Novcmb-r, 1904 with house to house enumeration.
In the context of the situation in Assam, the
revision of electoral rolls in that State have bean a
stupendous exercise and with the existinq constraints,
all possible efforts were made to prepare as fair
an electoral roll as possible. The credit for this must
be shared by the dedicated functionaries involved in
this herculean task
The Commission commends the
good work dene by the Chief Electoral Officer, Additional
Chief Electoral Officers, Central Observers, Deputy
Commissioners, Electoral Registration Officers, Assistant
Elsctoral Registration Officers and thousands of other
officer Officers, against heavy odds.
It would not have
bean possible to achieve such herculean task without
their unfailing help and cooperation.
- 106 CHAPTCR-VII.I
JL9-—
~»
LCGISLATIT/'E AsseWCFor'
r
AND
Elections to the Lok Sabha from 14 constituencies
in Assam could not be held alonguith the rest of the country
as the intensive revision undertaken in that State in
fulfilment of the assurance given to the Supreme Court
could not be completed before the commencement ".of the
process of that general election.
The Assam Assembly
uas dissolved by the Governor on the 18th August, 1985,
The last sitting of the said House uas held on 18th| Duly,
1985,
Keeping in view the provisions of Article 17i\(i)
of the Constitution, general elections to the Assam
Legislative Assembly were to be held well in time so that
the assembly could meet before 18th 3anuary, 1986.
The intensive rsvision of electoral r o l l s , started
in April, 1984,uos completed on 7th November, 1985 uith
the final publication of rolls in a l l the 126 assembly
constituencies.
to an end the
The memorandum of settlement bringing
long draun-out agitation on foreign
nationals issue uas signed on 'the 15th August, 19B5«
To give effect to the terms of settlement as incorporated
in the memorandum, the date for receiving claims and
objections had to be extended in some constituencies upto
27th Ssptember, 1985.
In some constituencies uhere
tho r o l l s had already been finally published, these rolls
uere published again in draft and claims and objections
contd.
•
•
•
•
•
- 107 v
uere invited till 27th September, 1985.
Ten Central Observers
draun from among senior Central Government Officers uere
appointed to oversee the revision programme and ensure
that the Commission*s guidelines issued from time to time
uere followed stictly by the Electoral Registration Officers,
election
On the 6th November, 1985, the Chief Election Commissioner
convened a meeting uith the senior officers of the Assam
Government and the Central Government to take stock of the
lau and order situation and the state of preparedness in
holding the general elections.
In consultation uith the
Chief Secretary of Assam and on the assurance of the Union
Home Secretary that the Central Government would be in a
position to provide adequate forces from
Centre and other
States for conducting a single day poll, the Commission
decided to have a one-day poll throughout the State, A
common programme for the general election to the Assembly and
the 14 seats in the Lok Sabha uas draun up as under *.1. Issue of notification
colling the election
2.
:
15.11.1985
:
22.11.1985
:
23.11.1985
of candidatures
:
25.11.1985
Date of poll
:
16.12.1985
:
20.12.1985*
Last date for
filing
nominations
3. Scrutiny of nominations
4.
5.
Last date for withdrawal
6. Date of completion
Hours
of poll uere extended
fixed fromto7.30
to 3.30 pm.
* This
uas subsequently
23rd am
December,
1985.
- 103 Pollincj stations;
In a l l , 13704 polling stations
were set up.
In a feu
polling stations, the number of electors assigned exceeded
1300.
In thesa cases, the Commission suggested the setting*
up of auxiliary
polling stations.
In 21 polling stations
spread over 17 assembly constituencies, the number of
electors assigned uas
belou 100 and in polling station
No.27 set up in 72-Barchalla, this number was only 5.
These 5 electors could not be
tagged on to any other
polling station because the Mara Belsiri village
lies
in Q char area between the two rivers Brahmaputra and
Belsiri.
Nominations? scrutiny*, withdrawal of nominations
and ppntiestinqi candidates:
For the 126 assembly constituencies, a t o t a l number
of 1462 candidates filed their nominations.
53 nominations were rejected.
On scrutiny,
Of the 1409 validly
nominated candidates, 271 candidates withdrew their
candidatures leaving 1138 contesting candidates in the
field.
Poll from 25-Golakganj had to be countermanded.
Excluding the
10 nominations filed from this constituency
the number of candidates in the field for the poll on
16th December, 1985 was 1128,
For 14 seats in the Lok Sabha, 123 candidates
nominations, of which 2 were rejected,
filed
leaving 121 validly
contd,.,«,«
- 109 nominated c a n d i d a t e s .
15 candidates withdrew t h e i r
c a n d i d a t u r e s , leaving 106 contesting
candidates.
Tha party-uiise break up of contesting
candidates
uas as follows:
S,NQO
niNaros
of the party
1.
2*
3.
Number pf contesting, candidates
Lok 5ajbha^_
Assembly
Indian National Congress
13
125
3an P ta Party
10
86
Indian Congress(Socialist)
8
73
4.
Communist Party of India
2
20
5.
Communist Party of India(Marxist)
2
39
6.
Bharatiya Dnnata Party
2
38
7.
Lok Dal
3
19
3
-
28
1
63
106
699
1128
S t a t s Party
Plains T r i b a l s Council of Assam
Rsvilutionary S o c i a l i s t Party
( S t a t s P a r t y ' i n West Bengal &
Tripura)
& others:
___»
Total
There uere no s t r a i g h t c o n t e s t s e i t h e r for
Assembly
or for the Lok Sabha.
the
While tho number of
candidates ranged from 5 t o 10 for the Lok Sabha,
this
varied from 3 to 21 for the Assembly.
The lowest
number of c a n d i d a t e s , v i z . 3
1-Ratabari(SC)
uere in
u h i l a the highest number 21 uere in HB-Moran.
The
contd,.»,.
- 110 break-up of multi-cornared contests is as follows I
u
of" caTuiidlatVs
"No*." o f ' ' c o n s t i t u e n c i e s
No. of
No. o f
candid a tes.constituenA s s e rn b l y
Lok Sabha
1
4
3
1
3
7
?
4
5
6
13
8
9
10
1
7
3
B
17
23
9
10
12
14
11
12
7
12
13
3
14
1
15
16
3
3
17
18
2
2
1
1
5
6
4
11
9
19
21
125
A_ll_oj^mTejvt_ jxf_ symbols:
The Reuolutionary Socialist Party uhich i s a recognised
State Party i n the States of Tripura and Uest Bengal u i t h
reserved symbol 'Spade and Stoker 1 uas given i t s reserved
symbol i n the Assam election under paragraph 10 of the
the Symbols Order, 1968.
Every organisation uhich uants
to be registered as a p o l i t i c a l party by; the Commission
has to apply for r e g i s t r a t i o n giving details as mentioned
i n paragraph 3 of the Symbols Order.
The main c r i t e r i o n
for r e g i s t r a t i o n is the e l e c t o r a l support i t enjoys.
This can be guaged by the Commission by the t o t a l number
contd,
- 111 -
of valid votes secured by a-1-! i t s contesting candidates
afe a'general election.
Therefore, the Commission generally
gives some concession in contesting elections to such
organisations over purely independent candidates by uay
of preference in the matter of allotment of symbols.
For the Assam election, the following 3 organisations
applied for and secured such concession:1.
2.
Asom Gana P a r i s h a d .
United Minorities Front.
3.
United Tribal Nationalists Liberation Front.
In a feu cases, the Commission revised the allotment
of symbols made by Returning Officer
so as to adhere to
the s p i r i t of the Symbols Order.
Polling personnel and JJ oiling materials^
In a l l , 54,816 ballot boxes and 15,074 indelible
ink phials of 7.5 cc were used.
In view of the large number
of contesting candidates, ballot boxes available uere short
of requirements and supplies had to be rushed from Bihar
and Orissa,
60 metric tonnes each of cream uove and pink
uove paper uere used for printing of ballot papers.
Scheme of Broadcast/Telecast over Akashvani/
Doordarshan by the representatives of p o l i t i c a l
parties durlTno, Lok Sabha/State LeQislativ/e"
Assembly elections:
The scheme of election broadcast/telecast by
recognised National/State p o l i t i c a l parties had been in
vogue since the general elections to various State
Assemblies held in May-Oune, 1977,
Legislativi
The scheme with
contd....
-
112 -
suitable modifications hnd bean am lied to Lok Sabha/
Assembly slections held thereafter
with the approval of the
Government of India, Ministry of Information and Broadcasting.
Under this scheme, the candidates sponsored by the p o l i t i c a l
parties which are recognised under the Election Symbols
(Reservation and Allotment) Order, 1968 are allowed to avail
themselves of this
facility.
Keeping in view the situation prevailing in the
State of Punjab before the general elections to Lok Sabha
and State Legislative Assembly held in September, 1985,
the Commission recommended to the Government of India for
making the scheme applicable in the State of Punjab
ot the d i s t r i c t level so that the candidates sponsored by
the recognised National/State p o l i t i c a l parties could place
their views before the electorate.
The scheme met with
great success and was highly appreciated by the p o l i t i c a l
parties and the nublic.
The Commission suggested to the Government of India,
Ministry of Information and Broadcasting ,that broadcasting
f a c i l i t y be extended to the candidates sponsored by the
recognised political parties at the d i s t r i c t level in Assam
also.
The scheme at the d i s t r i c t level in the State of
Assam somehow could not be implemented.
Only the conventional
scheme of broadcast/telecast was made applicable during the
general elections to Lok Sabha/State Legislative Assembly
in Assam,
contd,...
- 113 -
The Commission appointed 10 senior officers
of the
Government of India of the mnk of 3oint Secretaries r.o
Central Observers and 9 senior State Government
officers
of the rank of Commissioners as i t s observers to supervise
the conduct of poll and counting of votes.
Ten Central
Observers were given charge of one d i s t r i c t each.
Similarly,
seven of nine State Government officers were also given charge
of one d i s t r i c t each.
The 10 Central Government
officers
were the same uho were earlier appointed to supervise the
revision of electoral rolls in the State.
15 senior officers
In addition,
of the State Government were also appointed
as Assistant Observers uho would report directly to the
Commission's observers,
ÂjjjTTJj^jstrptive arrangements:
In vieu of the experience of the 1983 elections and
the volatile political situation, the Commission made
elaborate administrative arrangements for the peaceful
conduct of poll.
Central para-military forces like
Central Reserve Police Force and Border Security Force were
deployed in adequate strength throughout the State.
Police
uireless network uns extensively used even in places
uhere Post & Telegraph telecommunication f a c i l i t i e s were
available.
A master plan uas draun up for the movement
of polling parties and materials, uith necessary security
measures.
The Chief Election Commissioner had made i t
clear to the electorate that a l l administrative arrangements
cantd....
- 114 -
had boon made for proventinn violence of any kind and
intimidation of voters.
any
He also issued a warning that
.attempt at booth capturing during polling and violence
of any kind would be severely dealt with.
State Governments of Uest B e m a l , Tripura and Meghalaya
were put
on
alert to supplement facilities for printing
of ballot papers.
However; the Chief Electoral Officer,
Assam,could manage to print the ballot papers within the
State by stretching his resources to the full.
At the request of the Commission, the neighbouring
States of Manipur, Meghalaya, Nagaland, Tripura and Uest
Bengal and Union Territories of Arunachal Pradesh and
Flizoram made available the required number of jeeps,
trucks and buses to supplement the fleet of vehicles
in Assam,
flection campaign?
Campaign was, generally, peaceful excepting for minor
incidents of violence and tearing away of election posters
by rival candidates.
Complaints t
The Dorhat district unit of Asom Gana Parishad
complained that the ruling party was not allowing others
to organize meetings.
This complaint was found baseless
on inquiry,
contd,..,,
Complaints wore
115 -
'received both from Asom Gapa
Parishad ond Indian National Congress about attacks on t h e i r
e l e c t i o n offices and assaults on party uorknrs,
Tho
Commission wrote to the Chief Sacratary to ensure that
all'parties
and candidates are enabled to do electioneering
free from any d i s r u p t i o n .
Model Code of Conduct;
Government of Assam sought the advice of the Commission
as to whether the following would constitute v i o l a t i o n of
the Model Code:1.
Opening of an Inland Container Department of North
East Frontier Railway on the 14th November, 1985 by the Chief
Minister
2.
of Assam*
The engagement had been f i x e d
Implementation of tho Assam Colleges
Management and Control)Act, 1985.
earlier,
(Taking over of
The B i l l had been passed
i n A p r i l , 1985, but became an Act a f t e r assent of the
President of India on 6*11,1985 and o f f i c i a l
intimation
received by Assam Government on 12.11,1985.
3.
D i s t r i b u t i o n of loan/grant e t c , i n cash and kind to the
beneficiaries under the D.R.D, Scheme on the occasion of
the late Prime Minister Smt, Indira Gandhi's Birthday
on 19,11.1985,
The Commission advised that a l l thdabove cases would
be v i o l a t i v e
of the Model Code,
Ap^rt from the above, the Commission had asked for
f u l l facts and inquiry reports on the following
alleged
contd,,,,
- 116 -
violation of the Model Code,
1.
Tha news item in the Indian Express, New Delhi
Edition of 9,11.1985 quoting the Chief Minister of Assam
as announcing supply of rice ®Rs.2/- per Ko. to persons
be low the poverty line and introduction of mid-day meal
scheme for primary school children and free uniforms
for
them.
2.
Asom Gana Praishad alleged (i) Misuse of
official
machinery by Indian National Congress meetings at Dudges
field Guunhati on 25,11.1985 and at Nazira on 10,12.1985;
( i i ) A sum of Rs.82 lakhs was sanctioned from the State
Exchequer to recruit 5000 Village Defence Parties from
Bihar including handwriting experts allegedly to forge ,
signatures of Presiding Officers;
and ( i i i )
Excise
Department uas given Orders to embark upon wide-spread
bottling of country liquor from 1.12,1985 while such
bottling had been suspended e a r l i e r .
3.
Shri Dyoti Basu,
Chief Minister of Uest Bengal
alleged that Central Government had announced the setting
up of a power plant in Assam with Dapanese collaboration,
4.
Shri Basudeb Acharya, Member of Parliament and four
others alleged t h a t the Centre had threatened
drastic
cuts in the Five-Year Plnn allocations which would throw
the Assam economy into doldrums,
A Union Minister had
thrown up the bait of 25,000 jobs for Assamese youth, if
his party uas voted to power.
contd,«
- 117 -
5.
Bharatiya Dannta Party alleged misuso of nircr- ft
by the Prirnu Fiinistur for election campaign nrri rn n :;:?ly of
covorago of his meetings by the media.
The Government of Assam had raoorted that no Village .
Defence Parties uere appointed from outside the State.
Village
Defence Parties of the State had to be mobilized for assisting
the polics in lau and order duties and guarding of vital
installations like bridges, railuay tracks etc.
Reports
on other complaints are awaited.
According to standing instructions of the Commission,
persons engaged in election uork should not be transferred
once the election programme is announced.
Transfer Orders
issued earlier but not implemented would also be covered
under this embargo.
A fou cases of violations of these
instructions uoro brought to the notice of the Commission.
It uas reported that four officers in Kamrup district were
asked to hand over charge of their office after the elections
were announced.
One Controlling Officer did not immediately
release an officer engaged in election uork under his
charge and there uas, therefore, delay in his handing
over charge.
This officer, uho handed over charge late, is
reported to have been placed under suspension.
The Commission
asked for the full facts of the case and also the circumstances in uhich the allaged action had been taken.
- 118 -.
A report from the State Government was ncîved and
on scrutiny i t uas found that the Commission's guidelines
regarding ban on transfer
of officers
or implementation of
such orders in respect of those connected uith elections
after announcement of elections had been violated in the
instant case.
Polling parties started moving from 14.12.1985
onwards.
Due to river erosion, eight polling personneisof
a pplling party uere injured.
the State Government
and r e l i e f .
The Commission had requested
• to give them proper medical attention
Replacements uere arranged immediately.
At polling station No.7 of 94-Sarupatthar assembly
constituency, Shri Dhiren Bhattacharjee, one of the polling
officers,
died of heart attack.
The Commission had requested
the State Government to provide immediate monetary relief
to the family.
In a violent incident, Shri Haricharan Deka, Personal
Security Officer
of Shri Banesuar Saikia, a contesting
candidate from 84—Batodorba assembly constituency, uas
seriously injured.
The Commission has requested the
State Government to give a l l possible medical help to
him.
Poll passed off peacefully.
There uas a heavy
turnout of voters and in some polling stations, polling
continued t i l l late i n the evening.
The percentage of
poll uas 80.38,
eontd.,..
-
119 -
Tho percentage of polling i n Assam has jaan the
heaviest in i t s electoral history.
e n t i r e l y nou phenomenon in India,
Heavy p o l l is not an
There uas heavy p o l l i n
Kerala (86,08/C) during the Assembly elections in 1950,
In the 1983 Assembly elections from Andhra Pradesh, there
uas heavy polling (68,69%). In September, 1985 p o l l i n
Punjab, there uas heavy polling (67,59%) inspite of the
lau and order s i t u a t i o n .
difficult
In Assam too, the atmosphere
created by the Assam accord and the reactions generated
on this account explains the high percentage of p o l l i n g .
The high percentage uas noticed throughout a l l the d i s t r i c t s
and many individual constituencies as u e l l ,
irrespective
of uhether those uore strongholds of one p o l i t i c a l party
or tho other.
The Commission's observers had categorically
reported that the high percentage of polling uas not due
to any electoral malpractice,
po 11:
Election from 25-Golakganj constituency uas
countermanded because of the death of the 3anata Party
candidato on 29.11,1985,
£rss;h
In six polling stations, spread over four assembly
constituencies, fresh p o l l uas ordered as the p o l l held on
16,12.1985 uas found to bo v i t i a t e d .
Fresh p o l l uas taken
on 17.12.1985 and 18.12.1985.
contd.
- 120 -
Counting commenced at 8.00 a.m. on the 17.12,1985
in a l l constituencies excepting a feu where- polled ballot
boxes could not bs transported to the counting centres before
scheduled time because of difficulties
of t e r r a i n .
As the
polling percentage was yery high with some constituencies
recording
nearly
90% polling, counting of votes and
declaration of result took a longer time.
Further, against
the background of the Commission's instructions on booth
capturing, the Returning Officer had to analyse heavy
percentage of poll in order to ensure that these uere no
cases of booth capturing.
There uas, however, considerable
delay in announcing resultsand the Commission has asked for
a detailed report from the Chief Electoral Officer,
Assam,
in this regard so as to rectify any deficiencies in the
future.
The Commission extended the date of completion
of election from 20.12.1985 to 23.12.1985.
The Asorn Gana Parishad and United Minorities Front,
which are unrecognised and unregistered organizations
secured a large number of seats and the Asom Gana Parishad
could secure an absolute majority.
A statement showing
party-wise contestants and seats won in the parliamentary
and assembly elections is annexed.
- 121 -
The Commission issuod the notification constituting
the nou Legislative Assembly of Assam on 23.12.1985.
Tho
nou Government led by Asom Gana Parishad assumed office
on 24.12.1985.
me e ti nq I
The first meeting of ths neu Legislative Assembly
took place on 9.1,1986,
The term of the neu Assembly
will, therefore, extend upto 8,1,1991,
GENERAL ELECTIONS TO THE HOUSE J3FJ_HE_ .PEOPLE AND LEGISLATIVE
A5?E>TB LTÔF~TsSATFTri 985 y^T{îST"^S^^^^WQ^^y
evel ~ """ "" " "U" "~ 'Party-uis"e_ con t e s t i nq _ca_n"dTdate"s"*anid^sejjsûon"*"*" |~*Tnd"e'pen>d'en'i:;!3T
~*
pTcT
1
ction
TNC* * ' T I C S ^ T C ' P K T - ^ N P . T T i M ^ T . B3P " T 3 ^ " X *
H l and others"' Total
*TT~T1c"
E ;c
E; c
E', c ;
E; c
2
Sabha 13
4 8
1 2
- 1 0
- 3 '
cmbly 125
25 73
4 39
2 86
- 19
-
37
E"|1
r~Tc*""^T~T TT~
2
-
20
-
3
1
63
28
3
701
CnntostGCJ.
Elected.,
"xcludino the figures from 25-Golakqanj uhero p o l l uas countormandcd.
[ncludos contested and e l e c t e d by u n r e g i s t e r e d p a r t i e s like Asom Gana Prrishad,
Jnitcd H i n o r i t i o s Front, United T r i b a l s N a t i o n a l i s t Liberation Front e t c .
T"
8
yz ^^~F
106
14
91 1228
125
- 123 CHAPTER - IX
(A) Bisnnial elections to the
(i)
Council of States;
Th R term of Shri Sharie f-ud-din, a member
representing the State of Jammu & Kashmir in the
Council of States, expired on 10th November, 1984.
The Commission wrote to the State Government several
times to suggest a suitable programme for holding
the bye-election but there was no response. The
Commission therefore, fixed a common programme with
the date of poll as 3rd December, 1985 for holding
this election as also two other pending bye-elections
to the Council of States.
The hours of poll were
from 11.00 a.mo to 3.LJ0 p.m.
Secretary and Deputy
Secretary of the 3ammu & Kashmir Legislative Assembly
uere appointed as Returning Officer and Assistant
Returning Officer respectively. There uere three
validly nominated candidates of which one withdrew
his candidature, leaving two in the field. The
poll was taken as scheduled and Shri Tirathram Amla,
set up by INC, was declared elected.
A notification under Section 71 of the Representation
of the People Act, 1951 was published in the Gazette
of India on 12,12.1965. Hence the term of elected member
will extend upto 11.12.1991.
- 124 -
(i$ Bye-electip_n ^^J:}22.Jl^!2IlIllJL^LJ'^^JLJTom
W3st
Shri Arnar Prasad Chakraborty, a member of the
Council of States from U e st Bengal, passed auay en
the 27th October, 1965, His tarm otherwise would
otherwise
have/expired on 22nd April, 1990. A bye-election had
therefore, to be held to fill the vacancy.
The bye-
election was held with the date of poll as 3rd
December, 1985.
Shri Chitta Basu of All India
Forward Bloc was the only contesting candidate.
He
was declared elected unopposed on 25.11.1985 i.e.
the last date for the withdrawal of candidatures,
(ij.i)Bye~electjon to the Council of States from U.P,
Shri Sysd Sibt§ Raji, elected to tha Council
of States from Uttar Pradesh resigned on 14.5.1985.
His term was otherwise to extend upto 4,7.1986, The
date of poll for bye-elaction was fixed as 3.12.1985.
As ther3 was only one contesting candidate i.e.
Shri Narain Oatt of INC, he was declared elected
unopposed on 25.11.1985 i.e. th e last date for
withdrawal of candidatures.
('-O Bye-aloctjons to the House of the People:
During December, 1985 bye-elections to fill
7 vacancies in tha House of the Paople were held.
- 125 The details of these vacancies are givsn b
TJarnG~oT S'ta't'e ~l\lc".""oT ~N~."~&~Na'me' "of" Cause" of" Data~oT
saats
constituency* vacancy, vacancy,
vacant.
2
11 JQ 11111I I I I I l I I I I I l I I I I I I 1.
Bihar
2
2.
Orissa
1
23-Kisanganj
^23-Banka
5-Kendrapara
Death
Resign.
2.7.85
8.11.85
R e sig-
25.3,85
nation
3. Rajasthan
4.
1
Uttar Pradesh 1
5. U e at Bengal
1
6. Delhi
1
3-Churu
Death
22.6.85
5-Bijno r (SC)
Death
17.5.85
41-Bolpur(SC)
Death
5.5.85
Death
31.7.85
2-South Dalhi
Tha Commission fixed the follouing common programme
u/ith date of poll as 16.12.1985 for these b y e - e l e c t i o n s .
(a) the 22nd November, 1985(Friday), as the
l a s t date for making nominations;
(b) the 23rd November, 1985(Saturday),as the
date for the scrutiny of nominations;
(c) the 25th November, 19B<E>(V\onday), as the
last date for the withdrawal of candidatures.
(d) the 16th December, 1985(Monday) as the
date on uhich a poll uas, if necessary, to
be taken; and
(e) the 20th December, 1985(Friday), as the
date before uhich the election was to be
completed.
The number of persons who filed nomination
papers, validly nominated candidates and contesting
- 126 candidates ueru as given below:
Name of parliamentary
Candidated/persons unm/uhosa
Constituency.
Filed" NorrTirP Valid!y Withdraw Contnomin- ation
nomina- Candida- asted
ated
paper
ted.
turas
papers, rejected.
__
111 1 11111111 Z2I III
£ _I
1
23-Kishanganj
10
1
9
29-Banka
10
-
3L"
9
1
8
2
6
-
-
9
3
6
3-Churu
35
1
34
17
1?
5-Bijnor(SC)
35
1
34
23
11
4!-Bolpur(SC)
-
5
-
5
31
9
22
5-Kendrapara
2-South Delhi
33
2
The hours of p o l l fixed u e r e from 8.00 A.m. t o
(SC)
4 . 0 0 P.M. e x c e p t for 41-Bolpui/ where i t u a s 7.30. A.M.
t o 3 . 3 0 P.M.
An independent candidate from 3-Churu parliamentary
constituency in Rajasthan passed auay but election was
not required to be countermanded under the amended
provisions of section 52 of the Representation of the
People Act, 1951, Houever a question arose as to
whether tha name of the dead candidate should continue
to appear on ballot paper of the said constituency,
which had already been printed.
The Commission
noted
- 127 t h a t undor Rula 3u(2) of Conduct of Election K
1961, tha names of candidates s h a l l b3 arrangad on
b a l l o t papers in the same o r d a r ,
appeared in the l i s t
in which thay
of c o n t e s t i n g c a n d i d a t e s
(Form 7 H ) .
Section 38(1 ) of Representation of the Paopla n e t , 1951
defines a ' c o n t e s t i n g
candidate'
t o mean a candidate
whose name i s included in the l i s t of v a l i d l y
nominated
c a n d i d a t e s and who has not withdrawn h i s candidature
within the period prescribed
for the purpose. The
said s e c t i o n 38 and r u l e 11 p r e s c r i b e f u r t h e r
the
manner of p r e p a r a t i o n and p u b l i c a t i o n of l i s t of
contesting
effect
c a n d i d a t e s . ^Keeping in view the cumulative
of the p r o v i s i o n s of the above s e c t i o n s and
the r u l e s and p r a c t i c a l a s p e c t of the problem, the
Commission decided t h a t the name of the dead
candidates should continue t o appear on b a l l o t
notwithstanding
paper
his death.
The p o l l was held as scheduled and the
c a n d i d a t e s wore declared
following
elected:-
I\lanie~*o7 T\IQT ~& i\ia'me~"o7 ~~ "Name~~o7 "elsVted" ~"
State_
Constituency
candidate
Bihar
Orissa
23-Kishanganj
d-29-Eanka
3NP
INC
Shri Sarat Kumar Deb
3NP
Hajasthan 3-Churu
Shri Narendra Budnia
INC
Uttar
Pradesh
Shrimati Weera Kumari
Uest
Bengal
Delhi
5-Kindrapara
S h r i Syed Shahabuddin
Shri Chandrasekhar Singh
Party"
S-Bijnor(SC)
41-Bolpur (SC) Shri Somnath C h a t t e r j e e
2-South Delhi S h r i Arjun Singh
INC
CPM
INC
-
128 -
v E) Byo-election and Countermanded poll to the
''LegislativG HSgamblias , of various S t n t a s .
During the month, bya-alactions and countermanded
elections frum 2 assGmbly constituencies in Punjab
to f i l l the following vacancies in tho various States
Legislative Assemblies were held simultaneously with
general elections to Legislative Assembly of Assam
with data of poll on 16.12.1985.
Bihar
'St'at'e TJoT "of"" "WcT "ariB "Ra"me~~oT
seats
constituency.
vacant.
j
-5
2
120-fiadhepura
"~ "CaTJse "" T5a"Es
of
of
vacancy vacancy
-£ 4
Death
8.4
111-Kisunpur
Death
8.5.85
Gujarat
1
148-Sayajiganj
Death
24.9.85
Maharashtra
1
177-Signapur
Death
3.9.85
Punjab
2
30-3allundur (North) I Death
31-3allundur
i
28.9.85
(Central)
Tamil Nadu
1
U a st Bengal
2
D e lhi
1
}
50-Choyyar
, .
Death
51-Aurangabad
2B3-Nanur
2-Luxmibai
Nagar
'
9.9.85
Death
7.6.85
Resignation 6.11.85
Death
4.9.85
The l a s t date for withdrawal of candidatures
of 177-Signapur(Maharashtra) and
148-Sayajiganj(Gujarat)
was changed to 26th November, 1985 because 25th November
1985 was general holiday on account of Id-e-Milap in
those S t a t e s . The number of persons who filed nominations,
whoso nominations were rejected,
validly nominated
candidates, those who withdrew their candidatures and
- 129 contesting candid i t us is givon bslou:
contesting candidate's is qiv.;n bclou: "Name"" of 7Ts"3i'mbTy~"T'hos"3~w1ho"N~)'mTnatTons V a lidly with- Contestcons t i t u a n c y .
filed
rjjectjd.
nomina- J r j u ing
norninattod.
capdi-Candidatdatur e
ion.
, JL B.s
z z c z z z z z z z z z z z z z z z zw. _ JTZT*.
~ _n"
111-Kisanpur
15
120-Piadhepura
14
148-Sayajiganj
177-Signapur
15
2
13
3
11
3
8
15
-
15
6
9
22
-
22
13
9
30-3allandur North 23
-
23
11
12
-
28
15
13
31-3allandur
Central
28
50-ChQyyar
14
14
4
10
7
7
2
5
203-Nanur (SC)
4
~
4
2
2-Luxmibai Nagar 24
24
11
Follouing persons were declared elected.
2
13
51-Aurangabad
__
o_f
1 . 111-Kishunpur(Bihar)
2 . 120-Nadhepura (Bihar)
3 . 148-Sayajiganj(Gujarat)
Shri Winayak Pd. Yadau, Lok Dal
S h r i Rajendra Pd. Yadav INC
S h r i Jaspalsingh*
IND
4.
177-Singnapur (Plaharashtra)Shri Deshmukh Uarpudkar
Suresh ambadasrao,
I MD
5.. 3 0 - 3 a l l a n d h a r North
S h r i Vaid Om Prakash D a tt>-BJP
(Punjab)
6
6.
31-Jalandhar Ogntral
S h r i SManmohan K a l i a ,
B3P
(Punjab)
?
7.
50-Cheyyar(Tamil Nadu)
S h . V.Kuppusamy,
8.
51-Aurangabad(Uest 8engal) S h r i Humayun Reza,
9. 283-Nanur (SC) (Uast B e n g a l ) S h r i Ananda Gopal Das,
10.
2-Laxmibai Nagar
Shrimati Prem Dass
H e t r o p o l i t a n Council
The d e t a i l r e s u l t s a r e being
apaendicetd.
AIADMK
INC
CPM
INC
-
130 -
Name of State
:
Cihar
Name of Canstituancy
:
23-Kishanganj Parliamentary
Constituency.
Electorate
:
0,02,912
Valid votes polled
:
3,03,003
Votes rejected
:
4,104
Syed Shahabuddin
(E)
3NP
2,12,423
I s r a r u l Haque
INC
1,33,731
Khalilur Rahman
I NO
14,007
Shri 3wala Prasad Gupta
I NO
0,460
Shri Satyendra Nath l/erma
I NO
2,534
PSahammadin Ahmed
I NO
1,997
Shri Tara Chand
I NO
1,943
Shri Oalak Das
IND
1,754
Siraj Udin
IND
1,146
-131-
Name of State
Gihar
Name of constituency
29-Banka Parliamentary
constituency.
ElsCtorat3
7,00,453
Valid votes polled
3,71,792
Votes rejected
5,354
Name of candidates
Party
Shri Chandrashakhar Singh
INC
1 ,62,754
Shri George Fornendes
DNP
1 ,25,659
Shri 3anardhan
B3P
74,303
Shri Ciuakar Oha
INQ
6,034
Shri Nagarmal Dajoria
I NO
1,941
Shri Rameshuar
IND
1,101
Yadav
Votes Polled
- 132 -
N:-.!•:=« "f S t a t e
Orissa
Name of Constituency
5_^ endrapara Constituency
Electorate
7,55,029
Valid votes polled
5,20,151
5,032
Votes rejected
Name of Candidate,
1*Shri
2.Shri
3.Shri
4.Shri
5.Shri
6.Shri
.„,. „„ _„....__Jlarty_ _...
Sarat Kumar Deb (E)
Basanta Kumar Bi^sual
Narayan N a l l i k
Prasanna Kumar Parida
Souri Prasad Sahoo
Dhulesuar Nayak
3P
INC
IND
IND
IND
IND
Vot.es polled
2*75,105
2,35,160
6,004
1,615
1,397
870
- 133 Name of State
Raj as then
3-Churu
Parliamentary
Constituency
Electorate
Valid votes polled
Votes
8,72,157
4,68,877
5,347
Name of Candidate
1 .
• -
Party
Votes polled
. - . . ; •
I.Shri Narendra Budnia
2.Shri Daulatram Saran
3,Shri Durqadutt
4,Shri Narpat Singh
5,Shri Balraj Madhok
6.Shri Brij Bhushan Gosuami
7.Shri Madan Singh
8.Shri Major Khan
9.Shri Ramlal Ohard
IC.Shri Ramsingh
11»Shri Ramkrishan 3oshi
12,Shri Vijaysingh Bothra
13.Shri Satyanarain Sharma
14.Shri Shokst Ali
15,Shri Abhe Ram
16 # Shri Rajfndra Kumar
17.Shri Hangalchand Soni
Cong.(E)
LKD
IMD
IND
IND
IND
I NO
IND
IND
IND
I NO
I NO
IND
IND
IND
IND
IND
2j53 ,663"
1 ,86 ,016'
1,734"
3 ,675'
2 ,519 ,
4,833''
1,4603 ,380'
1,213'
1,546'
3 ,477'
1,508'
1 ,068"
1 ,041
66?
752
330
134 Name of
State
polled
Votes r e j ected
Uttar Pradash
5-Bijnor(SC)Pa rliamentary
Constituency
7,54,177
3,40,400
4,889
Name of
Party
Vo tes polled
INC
LKD
1 , 28.086
1 , 22,747
IND
61,504
13,766
3,684
3,249
1,850
1 j583
1,442
Electo r a t e
Valid votes
Candidate
I.Smt Meera Kumari (E)
2.Sh. Ram B i l a s Pasuan
3.Smt •Maya Uati
4*Sh* Anand Suarup
5*Sh. Chandra Bhan
6.Sh. Har Govind
7.Sh. Ramji L a l
8*Sh. Kanti
g.Sh.,ftcharya Pritamdas
a l i a P.D.Gautam
10.Sh .Shish Ram Singh
11.Sh ,3aidish Saran
IND
IND
IND
IND
IND
IND
IND
IND
1,337
1,152
Name of S t a t e
:
Uest Lengal
Name of C o n s t i t u e n c y
:
41-Dolpur P a r l i a m e n t a r y
constituency •
Electorate
;
7,05,175
Valid votes polled
;
5,95,671
Votes rejected
:
11,848
Shri Somnath Chatterjee
(E)
CPM
3,39,070
Sh r i Siddhartha Shankar Ray
INC
2,4U,079
S h r i Kamala Kanta Roy
IND
10,007
S h r i Narayan Chandra Mandal
IND
2,245
- 136 Name of State
Namo of Constituency
Electorate
Valid Votes polled
Union Territory of De l h i
2-Sonth Oe l h i
2,98,192
2,95,083
Rejected votes
3,109
Name of Candidate
Party
V(_tes pol led
1*Sh.Arjun Singh (E)
INC
1 ,61,744
2.Prof.Vijay Kumar
••Nalhotra
3«Prof.Dasuant Singh
Phull
B3P
1,21,830
4*Sh.F.M.Khan
5 , D r , 0 e v Bahadur
Sharam Shola
6»nohd.Alam Beg
7.Prof .O.P.Saxena
3P
6,004
I NO
713
IND
664
569
IND
I NO
8.5hri Avimash Puri
515
360
404
9.Shri Rup Lai Nehta
266
10.Sh.Lal Chand Adlakha
250
11.Sh.3agan Nath Vatsa
IND
12.Sh.Roshan Lai
13»Sh.Ghanshyam Sharma
Shastri Rajjyotshi
14.Sh.Atam Prakash
15.Sh.Rajinder Aggarual
i6.Sh.S a tish Chand
IND
IND
IND
IND
IND
227
17.Or.Abdul Kadir 3 a r n i
IND
167
18*Sh.Amar Nath Yadav
IND
118
19-.Sh.Surinder
IND
103
204Sh.l v ianohar L a i
21*Sh.Balbir Singh Bir
22»Kaka Joginder Singh
Dhartipakar
249
233
214
204
100
89'
IND
60
- 137 Name of State
Lihar
111-Kishanpur /Assembly
ccnstituancy.
Electorate
1,45,423
Valid votes palled
Votes rejected
Name £ f _ _ ^ j ^
74,307
1,620
"Party "Votes *PoTl"ed"
LD
26,410
INC
24,525
DP
13,812
S h r i Arun Ku. Sharma
IND
2,069
S h r i S h r i Charat Randal
INC(S)
1,751
S h r i Oeokarn Sharma
IND
1,169
S h r i Narayan Randal
IND
1,137
Shri 3anak
IND
067
Shib Nr. Mandal
IND
804
Wd« Saveer Hussain
IND
644
Shri Narendra Ram
IND
490
Shri Dasudeo Piandal
IND
400
Shri Vinodanand
IND
213
S h r i Vinayak Pd. Yadav ( E )
Smt. Sudama Devi
S h r i Vaidyanath Hehta
l\jsahar
Name of State
: .
:
120—Madhepura assembly
constituency. .
Electorate
:
1,50,306
Valid votes polled
Uotes rejected
:
;
70,067
1,225
Shri Hajendra Pd, Yadav
INC
40,052
LD
34,179
Shri Pulkit Yadav
IND
1,103
Shri Mohan Mandal
IND
1,035
Shri Shashi Shekhar Yadav
IND
010
Shri nnup Lai Pasuan
IND
304
S h r i l*id. Azimollah
I NO
201
Shri Pitambar Sitigh
I NO
203
Shri Radhakant Yadav
- 139 Nama of State
Gujarat
14U-Sayajiganj assembly
Constituency
Electorate
1,70,730
Valid votys polled
64,332
Uotes rejected
1,132
Shri Daspalsingh
I NO
31,274
Dr. Purohit Chandrikaben
Shirisnbhai
INC
22,909
Shri Patel Ramanbhai Hirabhai
3NP
5,182
Shri Gadav Bipinkumar Dayabhai
IND
3,202
Shri Wakuana Bhogibhai
Purushotambhai
INO
925
Shri G.G.Paradkar
IND
331
Shri Patal Uithalbhai Haribhai
IND
230
Shri Dabhi Diuyakumar Pratapsinh
IND
193
Shri Solanki Thakorlal Dhanjibhai
INO
86
-
140 -
Name of S t a t e
:
Maharashtra
:
177-Sing napur /Assembly
Constituancy.
Electorate
:
1,14,
61G
Valid votes palled
:
7 3 ,833
Votes rejected
:
1,806
Name of Candidate
Shri Deshmukh Uarpudkar
Suresh ambadasrao
Part_y_
Votes Polled
IND
24, 331
Shri Gavali Uttamrao abajirao
ICS
24, 019
Shri Jamkar Raosaheb Bapurao
INC
19, 315
Shri Dudhate Laxman
PUP
5, 352
Shri Manuate Nagorac Claloji
I NO
4, 566
Shri Jadhav Ramrao Rajaramji
IND
581
Shri Hatagale Madhavrao
Digambarrao
IN)
351 •
Shri Kale Piraji Govindrao
IND
235
Shri Karale Manohar Naravan
I NO
fladhavrao
83
- 141 Name of State
:
Punjab
:
30-jalandhar North
Assembly Constituency.
Electorate
;
H,C43
Valid votes polled
:
50,340
Votes rejected
:
485
Shri Vaid 0m Parkash Datt
BJP
21 ,206
Shri Avtar Henery
INC
19,935
Shri Daulat Ram
IND
7,420
Shri Raj Kumar Sehgal
IND
502
Shri Joginder Pal Bhagat
I NO
343
Shri Principal H.S.Preet
IND
254
Shri ashuani Kumar Yogi
IND
227
Shri Ptella Ram
IND
126
Shri Yash Pal a l i a s Oaspal Singh
Billa
IND
90
Shri Braham Parkash Goyal
IND
73
Shri Kulbhushan Kumar
IND
69
Shri Su/aran Singh Advocate
IND
23
- 142 Name of State
Punjab
31-3alandhar Central
Assembly Constituency,
Elactorate
C2,(J50
Valid votes polled
47,026
Votes rejected
430
Shri Manmohan Kalia
B3P
23,723
Shri Yash
INC
16,651
Shri Des Raj Malhotra
DNP
4,L62
Dr. Uaryam Singh Rajput
IND
531
Shri Mehar Chand
IND
409
Shri
IND
238
Shri Inderjit Gupta
IND
172
Shri Sunil Kumar Gora
IND
148
Shri Rajindra Sugandh
IND
119
Shri Sukhbir Singh Hazooria
IND
75
Shri Inderjit Singh Khalsa
IND
42
Shri Jauahar Lai
IND
33
Shri Beant Singh
IND
23
Fianmohan
- 143 Name of State
Tamil Nadu
50~Cheyyar Assembly
c o ns t i t u 3 nc y *
Electorate
1,22,382
Valid votes polled
Votes rejected
9b,349
2,129
Na_rneaf
Shri U.Kuppusamy
\IADMk
59,043
Shri V.Anbazhagan
3FK
37,675
Smt. N. Nalini
I NO
312
Shri
IND
304
S h r i Flanak Chand Nahar
I NO
269
S h r i a.R»Narayanan
I NO
212
Shri E.3agannathan
I NO
183
Shri R.Selvam
IND
137
Shri G.Rajasekaran
IND
119
Shri Pulavar Mani Ezhilan
IND
95
T.Karuthapandi
- 144 *
(i)Name of State
:
West Bengal
Name of Constitusncy
s
51-Auranoaba d A s s e m b l y
Canstitue joy.
Electorate
:
1,09,060
Valid votes polled
:
02,290
Votes rejected
:
1,307
Name of 8andidate
Party
Shri Humayun Reza ( E )
INC
40,477
Touab> A H
CPM
39,344
Shri Kurban A l l
I NO
1,213
Shri Mrinal K.anti Ghosh
I NO
796
Shri Madhub Chandra Sardar
IND
460
(2)Naras of State
Votes Polled
:
Uest Bengal
s
203-Nanur(SC) assembly
constituency
Electorate
:
1,12,300
Valid votes polled
;
86,707
Votes rejected
a e o
a d
:
2,227
p r
! I i Z I £ 5 ^ 1 % ZZ Z Z Z Z Z Z i£ iyZ
IPIL*3]*.
Shri Ananda Gopal Das (E)
CPP1
47,361
Shri Adhir Kumar Saha
INC
37,425
S h r i Ram Haara
I NO
1,294
S h r i N i l k a n t a Hazra
INO
627
»#» •
E ! ^
- 145 STATE
:
Union Territory of Delhi
:
2-Laxmibai Nagar Metropolitan
Co u ncil.
Electorate
;
37,466
Valid votes poll e d
:
18,673
Votes rejected
:
264
Name of candidate
Part^
Smt. Prem Oass
INC
9,643
Shri Kidar Nath Sacndeva
B3P
8,294
5hri Satpal
IND
311
Shri D.k-.nehta
I NO
140
Shri Racnssh
INO
110
Shri Bhim Sinqh
I NO
42
Shri P.N.Tondon
IND
32
Shri P.K.Sharma
INO
29
IND
23
Shri Manga Ram
IND
20
Shri Mahesh Bhola
IND
10
Shri Harish Bharuaj
IND
10
Shri Harbhajan Singh
IND
g
(E)
Shri Rajeov Kumar
Votes Polled
- 146 CHAPTER - X
Bhausaheb Bandudkar Gumantak Party ~ Ragjstratjun of,
Bhausaheb Bandodkar Gomantak Party which
contested general election to the Legislative
Assembly of Goa, Da m a n & Diu, held in December 'G4
secured 6.93% of the valid votes polled. After
excluding the votes secured by the candidates
who could not be elected and who did not poll
of
atleast 1/I2th /the valid votes polled in the
constituencies concerned* percentage of valid votes
secured comes 5.5L. This performance made it
eligible not only for registration under para 3
but also recognition as a political party under
para 6(2) (B) of the Election Symbols (Reservation
and allotment) Order, 1966. Th B party could not
return any candidate to the assembly. Therefore
conditions
specified under sub para 2(A)(B) of
para 6 of the order were not fulfilled.
On being satisfied with the documents
produced the Commission registered and recognised
Bhausaheb Bandodkar Gomantak Party under symbols
Order 1960 with the reserved symbol "peacock"
vide its order dated 24th December. 1905 which is
being reproduced in appendix.
-
147
A»VENDIX
ELECTION COfll'ilSSlON OF INDIA
Nirvachan S:>dan,
Ashok Read,
New Delhi-110001
Dated 24th December, 1305.
Agrahayana 3, 1907(Saka)
NOTIFICATION
S.O.- Uhereas the Election Commission
of India is
satisfied that as a result of its poll performance
at the general election to the Legislative Assembly
held in December, 1904, in the Union Territory of
Goa, Daman & Diu, the Bhausaheb Bandodkar Gomantak
Harty is entitled for registration and recognition
as a State Party in the Union Territory of Goa, Daman
and Diu in terms of paragraph 3 and 6
of the
Election Symbols (Reservation and Allotment)0rder,
196G;
And whereas the Commission has decided to
recognise the Bhausaheb Bandodkar Gomantak Party as
a State Party in the Union Territory of Goa, Daman &
Diu and reserve the symbol
'Peacock* for the said
party in that Union Territory; and
Nou, therefore, in pursuance of clause (b) and
(d) of sub«-paragraph (1) and sub-paragraph (2) of
paragraph 17 of the Election Symbols(Reservation
and Allotment) Order, 1960, the Election Commission
- 148 hereby makes the following amendments in its
notification No. 56/04-1, dated the 13th November,
1984, published in the Gazette of India, Extraordinary,
Part II, Section 3(iii), dated the 16th November,
1984, as amended from time to time, namely (1) In Table 2 of the said notification,
against the Union Territory of Goa,Daman
& Diu, under columns 1 and 3 of the Table,
the entries "3. Bhausaheb Bandodkar
Gomantak Party
.Peacock", shall be
added:
(2) In Table 4 of the said notification,
against the Union Territory of Goa, Daman
and Diu mentioned in Column 1 thereof the
entry "11. Peacock" specified in column 2
thereof shall be deleted and the existing
entries (12) to (19) shall be renumbered
as (11 ) to (10).
The recognition granted to the above mentioned
political party is subject to the following conditions: —
(i) The party shall communicate to the
Commission without delay any change in its
name and head office, Office bearers
and their addresses and political
principles, policies and objectives and
any change in any other material matters;
(ii) The party shall intimate the Commission
issued to party constitution along with
the relevant documents like the notice for
the meeting, minutes of the meeting where
the amendments have been carried etc}
(iii) The party shall maintain all the records
like minutes books accounts beokg, membership
register, receipt books, etc*
- 149 (iv) The said records shall be open for
representative(s) of the Commission;
and
(v) The recognition granted shall be reviewed
by the Commission from time to time.
/"No.
56/04-XI/IH7
By Order,
Sd/(R.P.BHALLA)
SECRETARY
- 150 CHAPTER - XI
CONFERENCE OF CHIEF ELECTORAL OFFICERS, 1985.
Soon after the Assam General Elections, a
conference of Chief Electoral Officers was convened
on the 26th and 30th December* 1985 to take stock of
the special Problems faced during the two general
elections to Punjab and Assam Legislative Assemblies
held in 1985 and also the other problems and
shortcomings in the system which had surfaced after
the last such conference held in July, 1984.
The Chief Election Commissioner in his inaugural
address
mentioned that two momentous elections from
Punjab and Assam were conducted in an atmosphere of
peace and without any major incidents of violence,
rigging and other malpractices. This was a matter
of pride as much for the whole country, for the
whole nation, political parties, candidates, as for
the electoral machinery and last but not the least
for the average Indian elector. The role of the
Indian Press was commended, as in many cases,
breaches of the Code of Conduct came to the notice
of the Commission firstly through the reports in
the press.
He was gratified to note that the ruling
parties in various States sought the advice of the
- 151 Commission on the possibla violation of tha Model
Code by their proposed action and generally abided
by the Commission's advice without demur.
As on the last occasion, the items for
discussion were distributed among three working
groups each headed by one Chief Electoral Officer*
Officers
All the Chief Electoral/were included in on e
working group or the other.
Each working group
discussed the items assigned to their in detail and
made its
recommendation which were discussed in
the open session. Owing
to the said demise °f his
beloved mother* Chief Election Commissioner was
not able to preside over the open session. As
directed by him, Deputy Election Commissioner
-.-conducted the proceedings* Some of the more
important decisions of the conference are as
under: The Conference took note of the two important
legislations which had strengthened the electoral
system - one on defections and the other on regulation
of company donations to political parties — and
expressed the hope that as a cordllary, Government
would also accept tê Commission's recommendations
on compulsory auditing of accounts of political
parties.
It took a serious view on reports of the
States having international borders and emphasised
'
the nssd not to allow any such illegal immigrants
to get themselves registered in the electoral rolls.
It favoured the continuance of fr®e supply of electoral
rolls to recognised political parties, the introduction
of free mailing of election literaturaf subsidized
buying of time on the government media etc. to help
political parties and candidates.
It also favoured
the extension of district-uise poll broadcasts tried
in Punjab, immediate introduction of electronic voting
machines and computerisation of election results.
The consensus was in favour of a single day poll
subject to availability of required number of polling
and police personnel.
There should be an embargo on
the last minute inclusion or deletion of names in the
after
electoral rolls and decisions on appeals/the issue °^
notaification.
While the unhealthy trend of multiplicity
of candidates was to be checked, a blanket ban on
independents was not favoured by the conference. The
objective could be achieved by a package of incentives
to recognised political parties and disincentives
to independents.
In view of the utility of the earlier electoral
rolls in the light of Assam revision of roll, it was
decided to preserve one copy of the electoral rolls as
a permanent record.
153 -
Thesa r o l l s may be preserv/ad
either in the archives or alsauhere or be microfilmed .
- 154 CHAPTER-XI I
Prss3 RGp.grts on
jof Foreign Countries and other
matter off interest.
i t
During the month of December,85 Press reports,
editorials and articles on elections and p o l i t i c a l
systems of foreign countries and other matters of
interest appeared in the press. The press reports
which are considered to be of special interest are
reproduced in full in the following pages.
Date
Name& Neus paper
Topic
4.12.85
Hindu, Madras
Election in Quebec.
4,12.85
Hindu, Madras
Declaration of
Presidential electiins
in Philiopines.
6,12.85
Patriot,New Delhi
French President
Mitterrand
favours voting
ritfhts to immigrants,,
10.12.85
Patriot,Neu Delhi
Election of Civilian
President in
Guatemala.
December,85
Parliamentary
..
Affairs(Monthly).
Editorial
-
155 -
QU EBE C \lOTES OUT. 5E PARAT ISTS.
Voters i n the French-speaking p r o v i n c e
of Quebec
i n Canada l a s t n i g h t ended nine years of r u l e
separatist
minded P a r t i Quebecois by g i v i n g
L i b e r a l p a r t y a massive m a j o r i t y
a c c o r d i n g t o computer p r o j e c t i o n s
by the
the o p p o s i t i o n
t o form a new government
based on e a r l y
returns.
The L i b e r a l s under Plr.Robert Bourassa, who s u f f e r e d
a c r u s h i n g d e f e a t a t the hands of the P a r t i
Quebecois
i n 1976, uere p r o j e c t e d by Canadian t e l e v i s i o n t o u i n
an e s t i m a t e d 90 seats i n the p r o v i n c e ' s
1?2 seat
N a t i n a l Assembly.
Support f o r t h e P a r t i Quebecois
l e a d e r , fir P i e r r e
Marc 3ohnson, who became Prime M i n i s t e r
of Quebec
j u s t nine weeks e g o , eroded more q u i c k l y than had been
expected and the p a r t y , which came t o power w i t h the
g o a l of p o l i t i c a l s e p a r a t i o n from E n g l i s h
Canada, f a c e d an overwhelming
speaking
defeat.
However, both flr.3ohnson and Mr.Bourassa
strong personal challenges i n their
Montreal area ridings
(districts)
faced
respective
and t r a i l e d opponents
by narrow margins in early returns.
With most of the
122-ridings reported, the Liberals had more than half
tha popular vote providing Mr.Bourassa with mandate even
larger than had been forecast i n pools throtight the
five-week campaign.
- 156 -
At dissolution, tha Parti Quebecois held 80 soats
and the Liberals 33.
Seven membars were independent
and two seats uere vacant.
The Liberal landslide represents a stunning
rejection of the Parti Quebecois despite his decision
last Danuary to put aside the issue of separating
Quebec from the rest of Candda - Reuter,
HINDU
MADRAS
4.12.85
157 -
The Philippines President
Mr
Fordinand Marcos,
signed legislation todey setting February 7 as the
date for presidential and vice presidential elections.
The bill was approved late last night by the National
Assembly, uhich immediately went into recess until
after the election.
Uithin hours of Mr.Marcos signing the bill, along
uith three other election related laus, the Philippines
Bar Association and about a dozen opposition MPs filed
a petition uith the Supreme Court challenging its
constitutionality,.
They asked the court to issue a restraining order
on the Commission on Elections and National Treasury to
t
desist t from enforcing the law and to declare the lau
"unconstitutional and invalid".
In calling for an election 18 months before his
term of office expires,Mr, Marcos wrote a letter of
resignation effective only after the winner is declared
and sworn into office.
Court sources said the 13
Marcos appointed judges- were unlikely to discuss the
netition beforo next weak.
-
158 -
CORAZON 30INS FRAY; Soon after the announcement,
Firs, Corazon Aquino, uidou of the slain Senator said
she would run for President against Mr.MaEPas who
she believes had her husband k i l l e d .
Firs, Aquino said she had offered
to run uith the
former Senator, Fir, Salvador Ho Laurel as her
Vice
President, but Fir .Laurel, who started his own compaign
President, his not said whether he would accept.
Calling herself "the host knoun victim of
list
Mr. Marcos" longVof victims, Mrs.Aquino said*
she uould offer
hope to the 1« 2million
uho had signed petitions
Filipinos
urging her to run - AP,
Hindu
Madras
4.12.85
- 159 -
J^'llTJiAJLJLl£ilL
TO
IMMIGRANTS.
French President Francois Mitterrand hasr-Qa-1'-n
called for the granting of tho right to vote to
immigrants at local elections in France,
"Everyone uho lives in France should he allowed
react and set forth their opinions on all that concerns
their everyday life, "fir Mitterrand said in an
interview to the Paris daily "Le Matin."
He regretted that the constitutional obstacles
preventing immigrants from voting at local elections
had not beon removed.
It uas a pity, that in that domain French
legislation uas less open1 than those of the Netherlands
the Scandinavian countries and Great Britain, ho
said.
The problem of the four million immigrants in
France is increasingly becoming a key topic in the
election campaign,
Uith racists increasingly rearing their heads in
France, President Mitterrand said in another interview
to domestic and foreign journalists that all foreigners
uho had arri.ved in France through legal channels uith
proper work papers must be made to feel "at home,"
PATRTOT
NEU DELHI
6.12.85
-
160 -
GUATEMALA ELECTS C I V I L I A N
PR-I S I DENT
C h r i s t i a n Democrat Uinicio Cerezo scored a
l a n d s l i d e v i c t o r y today in runoff
presidential
e l e c t i o n r e s u l t s , becoming the f i r s t
civilian
to
hold the post in 19 y e a r s .
The triumph by tha 42 year-old
y e s t e r d a y ^ e l e c t i o n comes a f t e r
lauyoar in
more than 30 years
of v i r t u a l l y uninterrupted and often b r u t a l m i l i t a r y
domination in t h i s Central American country.
PATRIOT
NEW DELHI
10.12.85
-
161 - '
Democracy knows no he i t s .
After the elections to
the Lok Sabha, Democratic process has bean continuous
in India.
Elections h?ve been held in Punjab and the
popular Government established.
Now, olecti -ns are
scheduled to be held i(j Assam shortly.
I t has been the
intention of the Government and the Election Commission
to hold elections in time and make the t?ey for the
constitutionally elected Govts. to function
In this laudable task the efforts
properly.
of the Government
of India in general and those of the Prime Minister
Sri Rajiv Gandhi and Chief Election Commissioner,
Sri R.K.Trivedi in particular, are highly commendable.
It i s , nou, the duty of the people and the p o l i t i c a l
parties to extend their t'hole-hear ted co-operation to
the Government in making democracy, a continuous process.
PARLIAMENTARY
AFFAIRS(fulNTHLY)
DECEMBER,85
*
CHAPTERS I I I
*
AU R E:\JO_IR.
*
On 31st December,1985, Shri Ram Krishna Trivcdi
demitod tho office of the Chiof Election Commissioner
*
*
of India after adorning it for more than "ih. years,
*
This period uas momentous in more senses than one,
#
It goos to the credit of his sagacity, expertise and
*
great administrative skill that ho uas able to conduct
*
the elections in Assam/and Punjab inspito of heavy
*
odds,
*
*
*
During his tenure, ho conducted Presidential
*
#
Election in 3uly,1982, Nagaland Assembly election in
November,1982 elections to Legislative Assemblies of
ffndhra Pradesh, Assam, 3ammu & Kashmir, Karnataka
Meghalaya, Tripura and Delhi in 1983, elections
*
*
to tho Lok Sabha and to the Assemblies of 2 States
*
#
and 2 Union T e r r i t o r i e s in 1984 and election to 11
*
#
States and 1 Union Territory in 1^3^^1,1985, Punjab
*
#
election in September,1985 and Assam election in
#
December,1985 and a number of byo-elections.
#
bereaved on two occasions, once when he lost his wife
*
on 27th October,1982 and on the second occasion when
*
he lost his mother on tho 30th December,1985.
*
#
Ho uas
Ho never
* allowed those personal losses to come in the way of his
# official
functioning.
Ho uas to havo chaired the
* open session of the Conference of tho Chief
* Officers
Electoral
on the 30th December,1985 uhen his nother
*
it
* expired.
Ho did not uant tho Conference to bo cancelled
# but decided it to be continued,
* * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * *
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
-
*
*
*
*
*
*
•
*
"
~
«
«
-
-
163 -
-
*
I t was the einnul^r good furtuno of the Election
Commission chi't wo had some of tho most eminent
personaqo3o
~
.
Shri Trivodi was born on the 1st Danuary,
1921 in Myingyan, Burma and was educated at the
^
#
#
#
Rangoon and Lucknou Universities.
Ho had a consistently ^
>b r i l l i a n t academic record throughout'1, Ho joined the
*
*
*
Civil Service on 14th Duly,1943.. Before becoming tho
*
Chief Election Commissioner, ho had hold a number of
*
important posts both at tho Centre and in tho States
*
of Uttar Pradesh and Fladhya Pradesh.
*
*
*
•*
Ho had varied
*
experience in the fields
of Planning and Development,
*
*
Financial Administration, Education, ânagomcRt of
*
Public Enterprises and Personnel Administration.
*
Ho was a membor of Governor's Advisory Council tuico
*
during the President's Rule in Uttar Pradesh in 1968 ' .
*
and 1970.
*
*
*
*
*
Ho was also advisor to tho Governor of
*
Nadhya Pradesh in 1980.
Ho had functioned as tho
*
*
V/ico-Principal of I.A.S. Ttoininq School and later at
*
the National Academy of Administration and also as
*
Vice Chancellor, Bundclkhand University at Dhansi,
*
^ Ho was Vigilance Commissioner from October,1980 u n t i l
*
*
18.6,1982 when he took over as Chief Election
^ Commissioner.
During his stewardship of tho Central
*
*
^ Uigilanco Commission, he had introduced several
*
^ innovating measure to curb corruption in the public
*
services*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
• * #
•
*
•
•
*
*
•
*
•
•
*
•
#
#
*
*
,i
*
*
#
*
* •
*
/*•
*
*
«•
ft-
*
*
*
*
»«•
•*
•*
„
- 164 *
During his tenure as Chief ElGction Commissioner,
*
* ho had recommended a onckago of proposals for d o c t o r a l
*
^reforms which covered a wide spectrum of subjects
*
*
*
*
*
*
*
*
*
it
couorino amendments to the Constitution, tho Representation*
*
of tho People Act,1950 and 1951 and tho rules made
*
*
^.thereunder. It is gratifying to noto that tus of tho
*
^.major rccommoBdations i»e» Ban on Defection and Company
*
*
*
•
•
•
'
•
'
^.Donations to P o l i t i c a l Parties have been accepted by
*
'
tho Govto and necessary legislation enacted. The thrust
*
*
*
*
*
•#•
*of* his rocommondati-ns uas aimed at curbinq tho
*
-
*
*
* pernicious influence of money pouor & muscle pouor.
*
^
He uas crudity, wall-road and scholarly.
Ho uas
*a good speaker both in English and Hindi, He uas
*
magnanimous in his dealings nnd novor lost an opportunity
shouer fulsome praises on good
*
doods accomplished by
*his j u n i o r s .
All of us in the Election Commission and in tho
^various Chief Electoral Officers* Offices wish him
*
*
^godspeed, and a long, hoa Itfay and usofdl lifo in tho service
ôf humanity and tho nation.
*
•••
^
*
x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x*x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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X
X
X
X
X
X
X
X
X
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X
.
X
X
X
X
X
X
X
.
H I N D I
S E C T I O N
X
X
X
X
X
X
X
X
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X
X
X
X
X-
X
X
X
X
X
X
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X'
X
X
X
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X
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Documentation Monthly - Election Commission of India

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