Post on 10-Feb-2017
DocumentationMonthly
VOl-
Bieetion Commission of Mmlin
^ JLJl XJLJLXJLPagoNgs
CHAPTER -I
Books and Articles I*. - 13
CHAPTER -II
Notes onelection matters. 19 - 55
CHAPTER. -Ill
Cases of disqualifications. 57 - 61
CHAPTER -IV
Disposal of election petitions. 62 - 72
CHAPTER* - V
Vacancy Statements. 73 - 83
CHAPTER -VI
Commission's vieus and press-statements on cer ta in aspectsof e lect ions. 8 4 - 9 4
CHAPTER -V I I
Biennial & bye-elect ions. 95 - 102
CHAPTER - V I I I
Changes in e lec to ra l laws &' procedures, 103 - 108
CHAPTER - IX
Registrat ion i& recognit ion of
Goa Congress. 109 - 113
CHAPTER -X
Passing away of Shri $.R.Sethi ,Under Secretary, in theElection Commission of India, 114 - 115
CHAPTER -XI
Press reports on elections andpolitical systems of foreigncountries and other matters ofinterest. 116 - 146
147 - 157
158 ~ 192
X « X — X
The Documentation is intended to acquaint 'the
Officers and strff of the Goraniission and. the Chief
Electoral Officers and their'staff with articles on
current political issues published in Periodicals/
NewspaperSj 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:1 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..
The issue also contains the following specialchapters:
(i) Biennial & bye-election.
(ii) Changes inj-electoral laus andprocedures,
( i i i ) Registration and recognition ofGoa Congress.
(iu) Passing away of Shri S.R.Sethi, *Under Secretary, in the ElectionCommission of India.
• • •
• * •
- 4 -
CHAPTER -I
BOOKS AND 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 which were received
in the Commission's Library during 3une '85. A
list of such articles as are considered to be of
special interest is given as annexure II.
- 5 -
A-NNEXURE-I
AIJTHOR
Mirchandani,G.G.
I N FA
TLJLZ PUBLISHER
1985 Lok Sabha Elections-Massive Mandate ForRajiv Gandhi.
India Who's Uho 1984
A Passage to India.
Hailey,Arthur In High Places,
Learner,Laurence
Toffler,Hlvin
yallace,Irving
Make-Believe: The Storyof Nancy and RonaldReagan.
Previews and Premises.
The R Document.
Mortgomery,Ruth The World Before.
Delhi,S t e r l i n g ,1985.
New Delhi,IN FA.
New York,Penguin,1979.
London,PanBooks,1970.
IMeuYork,Dell,1983.
London,PanBooks,1983.
London,•Corgi,1982.
New York,Fawcett Crest.
MortgomeryjRuth Here and Hereafter, New York,Fawcett Crest,
- 6
IUTHOR TITLE
A. FOREIGN ELECTIONS AMD POLITICS.
ANNEXLJRE-H
REFERENCE
Clifton
K.P.Suniland Q'Souza,V incent.
Russel l ,George
Young,Docob
Britain - A Setback forThatcherism.
Reg. the outcome of a recentbye-election in Britain inwhich Mrs. Thatcher's partywas defeated.
A Tentative Peace.
The authors report on thecurrent detente between theSri Lankan government andTamil rebels in the wake ofthe recent cease-fire.
Winds of Kremlin Change.
Rag. tho elevation of ShriAndrei Gromyko as'thePresident of the SovietUnion.
Britain:Tories Rebuffed.
Reg. the outcome of a recentbye-election in the districtof Brecon and Randor inBritain.
Zimbabwe; Mugabe's Uin.
Reg. the outcome of therecent general elections inZimbabwe.
Politics As Usual; A RiggedElection.
Newsweek:3uly 151985, p.14.
iui:3uly 21-27,1985, pp. 36-41
Time:3uly 15,1985, pp. 16-18,
Time:3uly 15,1985, p.20.
Time:3uly 15,1985, p.21.
Newsweek:3uly22,1985, pp. 36-
RGg. the outcome of recentelections in Flaxico.
™. 7 —
AUTHOR TITLE REFERENCE
(b) Neuspapers
patra,Saral
Editorial
Editorial
Frankel,William
Tiuari,B.K.
Rai Singh
patra,Saral
Editorial
Editorial
Bangladesh:Ershad.Outwits Opposition.
Zimbaue Poll.
Uardict in Zimbabwe.
A Gentle Slap To ToryGovernment.
This comments on theoutcome of a recent bye-election in Britain.
Britain moves TowardsThree-Party System.
Reg. the out come of therecent by-election inBritain and its effectson the next general elections.
Patriot;Nsw Delhi,July 9,1985,p.4.
The*-Hindustan Times:New Oalhi, July 10,1985,p.9.
Indian Express:New Oelhi,July 10,1985, p.6.
The Statesman:Dolhi,Duly 13,1985, p.6.
Indian Express:Neu Delhi, duly 131985, p.6.
£tl5i95. *n Kremlin:Modernisation Process.
Reg. the selection ofShri Andrei Gromyko asthe President of USSR.
National Herald:Neu Delhi, July 15,1985, p.7.
The Shock inShagn-laand the region.
Reg. the recent explosionsin Nepal.
Patriot:Neu Delhi,July 23,1985,p.4.
*Thunder In Uganda.
Second Exile.
The Hindustan Times:Neu Delhi,30,1985,p.9.
The Statesman:Delhi,July 30,1985,p.6.
AUTHOR , TITLE
Editorial * Coup in Uganda
Editorial *Fall Of Obote.
Editorial *Coup in Uganda.
Editorial *Uganda Coup.
*Reg. military coup inUganda.
B. INDIAN ELECTIONS AND POLITICS.
REFERENCE
Abdi.SNM Back From The Cold.
Shri Siddhartha ShankarRay former West BengalChief Minister who hasjust been rehabitatedin the Cong(l) tailsthe author about thereasons for his controversialcorns-back.
The Times of India:Ngu Delhi, 3uiy 301985, p .8 .
Pat r io t : NQU Delhi,July 30,1985,p.4.
National Herald:Neu Delhi, Duly 31,1985, p.7...
Indian Express:Neu Delhi, Duly 30,1985, p .6 .
IUI:Duly 7-13,1985,pp. 32-33.
Badhuar,Incier j i t
Banerjee,Indrunil
A Fresh Look.
Rgg. Shri Rajiv Gandhi'sUS vis i t .
'Jest Bengal: UnsettledPhase.
Reg. the outcome of thec iv i c e lec t ions in UestBengal.
India Today:Duly 1-151985, pp. 75-83,p 85.
India Today:Duly1985, pp. 34-37.
Bhattacharya, The Terms of Endearment. Sunday,June 30-Shubhabrata T, . _ . .___ o __,_ i L _ . Duly 6,T985,
pp. 34-35.*iThe author feels thatShri Rajiv Gandhi's visit 'to the Uest has been apersonal trurnphu
AUTHOR TITLE REFERENCE
Bhattacharya,Shubhabrata
Bobb,Dilip.
Chopra,S.N.
Ministors.
A History of tiniertensions.
Painful Progress.
Reg% Indo-Pak relations
Will They Click?
Sunday:3uly 14-20,1985, pp. 23-25.
India Today:3uly,16-31,1985, pp.94-95.
Probe India: :
The writer recapitulates g ^ s 1 9 8 5 ' P P "the treatment melted out " *to different IndianPrime Ministers by , /American President'sand hazards theyguessthat Shri Rajiv Gandhiwill not return empty-handed.
Gupta,Pranay Mr. Gandhi Goes ToWashington.
Rag. Shri Rajiv Gandhi'sUS visit.
Electoral Rolls:FatalFlaws.
. Reg. *ssam ElectoralRolls.
Gupta,Shekhar Revising The Rolls.
Gupta,Shekhar
IUI:3une 30-3uly 61985, pp. 20-21.
India Today:3uly 1-15,1985, pp. 72-73.
India Today:3uly 1-15,n i.u 1 4 . i n 1 9 8 5 , p p . 7 2 - 7 4 .Reg. the electoral rolls ' P K
revision in Assam,
Style Or Substance?
It is six months sinceShri Rajiv Gandhi promisedof new India. The authorexamines whether he hasfulfilled his promise/Orwhether his achievementsare one of style and image-building.
Imprinti3uly 1985,pp. 38-42.
AUTHOR
- 10 -
TITLE REFERENCE
Tha S t y l e Cf The Gandh is .
Johnson ,Marguerite
K.P.Sunil
Kamath,M.V
Kau j u , N,
Menon,Ramesh
On June 25, 05, i t wasten years ago uhen emergencywas declared. And th isJuly 85 marks the end ofsix months of Shri RajivGandhi's post elect iongovernment. Here Imprintlooks hack on the Emergencyand assesses the New India.
Imprint:July1985, pp. 13-19.
"The Year Of India".
Reg. Shri Rajiv Gandhi'sUS visit.
"MGR" Is A Sadist".
This is an interview withIVV.Karunanidhi, formerChief Minister of TamilNadu and, President QMK.
H House Divided.
Time:June 24,1985,pp. 6-8.
iwi:3uly1985, pp
14-20,28-29.
IUI:July 14-20,1985,pp. 30-33.
The authur traces thegenesis and growth ' of thadissidence and groupismand explains hou i t hascome to be entrenchedin the culture of ourbody p o l i t i c .
Raj iv 's foreign V i s i t : Caravan:July(2nd)Much ado about nothing. 1985, pp. 12-15.
GujaratjAn UncertainLegacy.
Reg. the change of ChiefMinister of Gujarat.
Menon,Ramesh Solanki Under * Cloud,
Reg» the disturbancesin Gujarat on thereservation issue andthe threat to the CMMadhavsinh Solanki.
India TodaysJuly16-31,1985, pp.60-62-64-65.
India Today:July1-15,1985, pp. 34-36,39.
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AUTHOR
Mohan Deep
TITLE
Decline of Da da.
Rog« the f a l l of theMaharashtra CM-VasantdadaPatil.
REFERENCE
Caravan:Ju ly ( i s t )1985, pp. 17-20.
Nayar,Kuldip. A look Back on Emergency.Surya Ind ia :3u ly, 1985,pp. 25-28.
Rao.Chitra
Sahay,S
Probe Ind ia : Ju l y1985, pp. 4 - 6 .
The Maratha ChallengeTo De lh i .
Reg. the change of theChief Minister ofMaharashtra,
The President And The PM. Surya India-, ,, T , . , . 3u ly , 1985, pp. 44-rteg. the re l a t i onsh ip 45between the President and *the Prime M in i s te r .
Sen Gupta,Bhauani
Sharma,Rajat
A Tale of Two V i s i t s .The author analysesthe pol i t ical fall-outof Shri Rajiv Gandhi'srecent visits to Moscowand Washington.
At Last A Sikh Voiceagainst Khalistan.
Reg* the activit ies ofSIMD, an anti-KhalistanOrganisation in London.
IUI:3une 30-3uly 61985, pp. 22-23.
Onlooker:0une ,23-Duly 7, 1985, 'pp.34-38.
Singh,Raminder Uounded Psyche*
The writer after anextensive tour ofPunjab feels that-frustrat ion, economicproblems and ememploymentare major i r r i t a n t s .Genuine Khalistanis numberonly a few throusandNegotiations between AkaliDal and Government can solvethe tangle.
India Today:0une16-.30,1985,pp.62-67.
AUTHOR
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TITLE REFERENCE
Swamy,Sabramaniam
Bogus Heroes?The author gives acharacteristicallycontroversial accountwho did what in theemergency.
Imprint:3uly,1985pp. 36-37.
of
yenkateshwaran,K.S . Sovereign?
At talks of the r i f tbetween the Prime Ministerand the President hitthe headlines, theauthor tries to givesome backgroundinformation.
Imprint:3uly,1985pp. 81-85.
Newspapers
Singh,Rahul Punjab at crossroads
Paul,
Editorial
MishrajR.K.
Flishra,R.K.
Rajiv Gandhi atPinnacle of worldPopularity.
Reg. Shri Rajiv Gandhi'srecant foreign tour.
Losers In Calcutta.
Reg. the recent civicelections in Calcutta.
A, period of manyini t ia t ives-I . /Rag. Shri Rajiv Gandhi'ssix months as PrimeMinister.
anxieties on the domestic- PartiCt:New Delhi,Frnnt-II. Duly 3,1985,p.4.
Indian Express:NewDelh i ,3u ly 1,1985,p . 6 .
National HeraldsNew Delhi,July 11985, p.7.
The Statesman: Delhi,Duly, 2,1985, p.6.
Patriot:New Delhi,Ouly 2,1985, p.4.
AUTHOR
Me nan., N.C.
Editorial
Editorial
Editorial
Editorial
Editorial
Sri Ha man,3,
Editorial
Editorial
- 13 -
TITLE REFERENCE
Punjab:Bettor Days Ahaad. The Hindustan Times,On the situation inPunjab,
•*Uinners In Calcutta
*By a whisker.
*A Pyrrhic Victory.
*Reg. the outcome ofthe recent civicelections in Calcutta.
New 0.3lhi,July 3,1985,p.3.
The Hindustan Times:Now Delhi, '.- . July 3,1985, p.9.
Indian Express:NewDelhi, Duly 3,1985,p.6.
Indian Express:NeuDelhi, Duly 3,1985,p. 6.
^Behind The-Resignation. The Times of India:Neu Delhi, Duly 4,1985
. i . p . 6 .
*Mr,. Mukherjee's Gamble. The Statesman: Delhi,
*Reg Shri Pranab Mukher jee^sy 4 »;resignation from the • . y .post of Calcutta PCC(l)President after sufferingdefeat in civic elections.
The Ways of the TwoStar CMS.
Reg. the perfermarce ofChief Ministers ShriN.T.Rama Rao and M.G,Ramachandran.
Verdict In Tripura.
Reg. the outcome of therecent elections to the.Tripura District Council.
Cleaner Elections.
Reg.- the questionnaire '.on electoral reformissued, by the ElectionCommission to politicalparties. '
Patriot:Neu Delhi,Duly 4,1985, p.• A.-
Indian Express:Delhi,Duly 5,1985,p.6.
The "Hindustan Times:Neu Delhi,Duly 5,'1985, p. 9.
aUTHOft
Tharyan,P,
tditor ia.
Hoy,A.K.
Roy,A.K.
Kamath,fl.V
Editorial
Editorial
Editorial
Editorial
14 -
TITLE
Kerala-Coalition ComesTo Grief?
ReQ. the pol i t ical sconein Kerala.
Trends In Tripura,
Rag. the outcome of therecent d is t r ic t Councilelections in Tripura.
Q^FEjiENCl
The Hindustan Times;New Delhi,July 5,1985, p. 9.
The Statesman:Delhi,July 6, 1985, p.6.
Rassrvations-I• Indian Express:NewForwards and backwards. Delhi,Duly 6,1985,
p.6.
Reservations-II.For a new dal i trevolution.
Indian Express:Delhi,July 8,1985,p.6.
Smaller States,Please. Indian Express.
The author says that ^ Uour states are so vastthat they have beenpoorly governed fcr years.The best thing that canhappen to the neglectedareas of a mega-state isfor i t to be sub-dividedinto smaller uni ts .
It is Dangerous To The Hindustan Times;Devalue The Presidency. New Delhi,July 7,
Reg. the rumour of the 1985» P*9»alleged differencesbetween the Presidentand Prime Minister.
*Change in Gujarat,
^Change in Gujarat,
*Solanki Goes,but...
National Herald:New Delhi,July 8,1985, p.7.
Patriot:New Delhi,July 8,1985,p.4.
Indian Express:New Delhi,July 8,1985, p.6.
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AUTHOR
Editorial
Editorial
Editorial
Sethi,Lalit
Jaisingh,Hari
JainAGirilal
Sahay,S.
Guha,Samar
Kiduai, Anser
Desai,V.H.
* S o l a n k i ' s Hevonge.
*Tha Issue In Gujarat.
*Reg. the resignation ofGujarat Chief MinisterMadhavsing Solanki andthe appointment of a newChief Minister.
Where There Is A Uill.
In the ElectionCommission's latestreport, the chiefelection commissionerhas suggested certainelectoral reforms. Theeditorial is a commenton his suggestions.
Strong Reaction ToElection Commission'srecommendations.
The Hindustan Timss:New Delhi , .July 8,1965, p*9.
The Statesman: Delhi;July 9,1985, p . S ,
The Statesman:NewDelhi,July 10,1985,p.6.
The Statesman: NeuDelhi, July 10,1985, p.7.
A cr is is of confidence. Indian Express:Delhi, July 10,1985p.6.Reg. the ouster of
Mr. Solanki.
The Solanki Phenomenon*- The Times of Ind;A Poser For Decentralisars. New Delhi,July 11
1985,p.8.
A Close Look: Mr .Gandhi's The Statesman: Delhi,Press tonference.
Elections & all-Partyf<ule For Punjab?
From Gujarat Again.Rag. the poli t icalsituation in Gujarat.
July 11,1985,p.6.
The Statesman: DelhiJuly 11,1985,p.6.
National Herald;New DQlhi,July 11,1985,p?7. '
NTR's Bharat Desarn—Will National Herald:it click beyond A.P.? New Delhi,July 12,
1985, p.7.
- 16 -
AUTHOR
3ain,Meenakshi
Sethi.Pravin
A.SuryaPrakash
Gandhi,Rajmohan
Failure of India Strategy-Backward Castes SupportNot Enough.
From Gandhi To Solanki.
The author analyses thefactors leading to theturn of events inGujarat.
The Eighth Lok Sabha:AChange In Ambience.
Nation,State And Party.
The author writes on theIndian State and tries toexplain as to how it isfunctioning and how itshould function.
The Times of India:N3ui Oolhi, Duly,13,1935, p.8.
The Times of India:Neu Delhi,Duly 14,1985, pp. I & lJ
Indian Express:NewDelhi, July 14,1985, p.3.
Indian Express:NewDelhi,Dyly 16,1985,p.6.
Khanna,K.C. Corruption And "F!r .Cleon": The Times of India:Uhy The Imago Has Faded. New Delhi,Duly 18,
1985, p.6.
Tr ipath i ,3 , K. U..P. Clears Decks forCivic p o l l .
Reg. the forthcoming civicelections scheduled to beheld by the end of the year.
Indian Exprsss:NewDelhi, Duly 20,1985, p.6.
Tharyan,P, Pol i t ics And The Pplit iciansCan Leopard Chang© It'sSpots?.
This is comment on thePrime Minister's suggestionthat more good peopleshould enter po l i t i c s .
The HindustanTimes;New Delhi,Duly 20,1985,p.9.
Nijhawan,P.K.
QUARK
The Disaster In Punjab.
The author provides thebackground against whichdevelopments in Punjabcan be viewed.
When The PM and the PressFace each other.
The Times of India:New Delhi, Duly 21,1985, pp. I & M.
The Times of India:New Delhi, Duly 21,1985, pp. I & V.
HJJTHOR
Sandhu,Kanuar
- 17 -
TITLE
Unravelling The PunjabTangle.
Jain, Rise Of A Pol i t ical CasteMeenakshi In Gujarat.
Kakati, Assam-Nagaland Clash:Satis C. - Need For An Of f i c ia l
Commissi0n.
Plenon, N.C. The Art Of Cabinet Making,
Hari Shades of Corruption.Jaisingh
Reddy,Narendra
Editorial
N.T.R. In Trouble?
Reg. the po l i t ica l scenein Addhra Pradesh.
A l/ictory For All.
Editorial Follow-up in Punjab.
Das Gupta, After The Signing: How ToAmalendu Make The Agreement Uork.
Edi tor ia l The Cloud L i f t s .
Noorani, Emergency And Pol i t icsH.G. Today.
Sat iv ik ,P.k. Gujarat:Some Pointers.
The a r t i c le explains thefactors which led tochaotic conditions inGujarat.
Indian Express:NewDelhi,July 21,1985, p.6.
The Times of India:New Delhi,July 22,1985, p.8.
The States-man:Delhi,July 23,1985,p.6.
The Hindustan Times;New Delhi,July 24,1985, p.9.
Indian Express:NewDelhi,July 24,1985, p.6.
Indian Express;NewDelhi,July 25,1985,p.6.
Indian Express:NewDelhi,July 26,1985,p.6.
National Herald: NewDelhi,July, 26,1985, p.7.
The Statesman: Delhi,July 26,1985,p.6.
The Times of India:New Delhi,July 26,1985, p.8,
Indian Express:New Delhi,July 27,1985, p.6.
National Herald:New Delhi, July 27,7985, p.7.
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AUTHOR . TITLE " REFERENC!
Fl i t ra, Too Early For Euphorias Ths SundayChandan Uph i l l Task For S^nt Statesman:Delhi,
Longowal. Duly 28,1985,. . ' P.S.
Baid,Samuel A Choice of f ac t s . The Hindustan Times:
Reg. the recent talks on J1?" D e l 3 i » 3 u l y 2B'Indo-pak Relat ions. | yas ,p . * .
Guha, The Nation's Heritage: The Statesman:Delhi,'Samar Centenary Can Rekindle Duly 29,1 985,p.6.
Patr io t ism,
The author says that theIndian National Congressis a nat ional legacy andnot the exclusive heritage ofany party and that thecentenary should be celebratedas a national f e s t i v a l fromwhich, people can.draw courageand confidence to thwart thed iv is i ve forces that threatenIndia's unity and in teg r i t y .
Chopra,V.O. What Next in Punjab:? Patriot:NQU Delhi»- . , , Duly 29,1985,p.4.
Hag. Hunjab accord. y ' *K
Edi tor ia l On To Punjab Election. The" Hindustan Times:New Delhi,July 30,1985, p.9.
Sethi,Prem Rajiv Ful f i ls his pledge. National Heralds New.a 4-u • t , ,, ' Delhi,Duly 31,Reg. the punjab accord. . OQC- ' n'
Dua,H.K. Towards national •' Indian Express:reconci l ia t ion. Neu Delhi,Duly 31,A commentary on the recent ' 'Punjab accord.
Edi tor ia l Formula For Assam. The Statesman:Delhi,, . . ' . . Duly 31,1985,p.6.
Heg, a solution towardsthe Assam foreigners' issue*
• • • •• • •
- 19 -•.
CHAPTER -II
NOTES ON JUDICIAL ,, DECISIONS IN ELECTION MATTERS
Under Section 106 and 116 of the Representation
of the People Act, 1951, the High.Courts •& Supreme
Court are required to send a copy each of the
orders passed by them in the election petitions/
appeals. Gists of these orders are published in this
chapter with a view to acquainting the readers of
salient points of the judgments. This issue contains
the gists of 5 judgments of High Courts of Judicature
at Ernakulam(Kerala) , Dabalpur (fiadhya Pradesh, Jodhpur
(Rajasthan), nllahabad (uttar Pradesh). All these,
election, petitions were dismissed by respective
High Courts. The gists of judgments of Supreme
Court in tuo appeals are also given in the following
pages. One of these appeals i.e. Civil Appeal No.
515 (MCE) of 1983 was filed by the elected candidate
whose election was declared void by the High Court
of judicature at Simla(Himachal Pradesh) in election
petition No. 2 of 1982. Xhe Supreme Court allowed
the appeal and reversed the judgment and order of the
High Court. Other appeal was dismissed • H writ
petition was also filed in the High Court of KarnatakJ
in which holding of General election to Legislative
- 20 -
Assembly was challenged and which was dismissed - by
the High Court on the stage of preliminary hearing.
The order passed by the High Court is also given in the
following pages.
In addition to these, 3D election petitions
and 8 appeals were also dismissed by respective High
Courts and Supreme Court for various reasons as
Non-prosecution; infructuous, withdrawn etc. A
table showing these petitions/appeals is also given
after the gists of the above mentioned judgments.
- 21 -
IN THE HIGH COURT OF KERALA AT ERNAKULAM(ELECTION PETITION NO.2 OF 1984)
« • * • •
Sivan Pillai .....Petitioner
Versus .
A.C.Oose . , v- .....Respondent
Through this petition> the/petitioner, Shri Sivan
Pillai, a defeated candidate, called in question the
election of Shri A.C.Jose to the Kerala Legislative
Assembly from 70-Parur assembly constituency where
a repoll Was held in May,,1984 in 50 polling stations
out of a total of 84 polling stations after the Supreme
Court held that the use of electronic voting machines
in 50 polling stations was legally not permissible. The
grounds on which the election petition was filed ' •
were as follows:
1. The respondent was not properly nominatedas a candidate as he had not made theSecurity Deposit as required by section 34Of the Representation of the People Act, 1951.
2, The electoral rolls, as finally publishedin 19*82 was used in this election. Accordingto the petitioner, the electoral roll of1982 had become non-existent as subsequentlythe electoral roll was revised in 1984. Useof 1982 Electoral Roll when the 1984 ElectoralRoll had been published was illegal.
3» The agent of the petitioner circulated at theinstance of the respondent printed notices,promising the payment of Rs.100/- as"gratification to any person whosoever procuredthe maximum number of votes for the respondentin a particular palling station. A prize ofRs.5/- each to that person who detected thevoting by impersonation as also a special prizeDf Rs,250/- to that person who detects themaximum number of voting by impersonation wasalso promised. In fact, such prizes weregiven after election*
contd..
- 22 -
4. The other corrupt practice alleged in thepetition and in the schedule, relates toCertain official acts cf Shri P.K ,1/aIayudhan,Minister for Community DGVelopmcint* Thepetitioner said that at the instance of tharespondent and for and on his bshalfSh,P.K.Velayudhan, issued a'no'te 'dated 3,5,84,sanctioning the extension of a jjator SupplyPipe Line undar i\!.R.E,PtScheme "as a specialcase under tha head Water and.Soil Conservationfrom the existing line from Kavilnada toPerakkapuzha Kadevu a Uard of«,KottuvallyPanchayat and that the Ministeralso addressedthe District Collector, Ernakulam to accord,sanction for the same immediately. Tha Ministeracted in this manner as required by the respondentand the local Congress men "to win over theelectors of that locality". The petitionersubmitted that the action of the Minister uasclearly designed to help the respondent and toindues the electorate to cast their votes infavour of the respondent. This conduct of therespondent in inducing the Minister, thepetitioner submitted,amounted to a corrupt^practice under Section 123 of the Act,
5 # Postal ballot papers were not issued in respectof 50 polling stations where repoll uas held.
Regarding allegation at (1) aboye, the petitioner
argued that the deposit uas necessary for a valid
candidature. However, as the respondent had got
back^the amount of security deposit* his nomination
uas not valid.
The respondent pointed out that uhen a repoll
uas ordered by the SuprsB Court in the 50 polling
stations, both the petitioner and the respondent
had got back the security deposit a3 they uera
enti'tled to get the refund under Section 158 of the
.^presentation of the People . ', . .,4 .Act,195T and authorities uere under obligation
to return the amount as soon as practicable.
- 23 -
The petitioner admitted that he had also received
back the amount of security deposit. The High Court
stated that it could not assume that Supreme Court was
not 'aware when it ordered repoll in 50 polling stations
that no candidate had his deposit under section 34 of
the Act remaining with the authorities* The High Courtt
added: • '
"So I have to deal with this question on thatbasis that knowing the fact that there willnot be any deposit under section 34 would remainwith the authorities, the Supreme Court directeda repoll* Further it has to be noted that ifthe continuance of the deposit with the authoritiesis a nucassary requirement for a valid repoll,the Supreme Court should not have given thedirecticn for a rapoll since there were nocontesting candidates who have not got the
•. deposit returned at the time when the" repoll was/not ordered. It is/reasonable to think that the
Supremo Court directed a repoll which could havebe'en avoided on the simple ground that therewas no candidate who had their deposits with theauthorities to contest the election. If thedeposit was necessary for a valid repoll, thepetitioner could have asked for a clarificationof the Supreme Court an this matter. Uhen theSupreme Court said that there shuolcJ be a repolleven the Election Commission is bound by thatdecision. The Commission was also a party".
After going through the various provisions
relating to fresh poll and examination of Section
34 to 38 of the Act together with Mohinder Singh Us-.
CEC(AIR 1978 SC 851), the High Court held that the
return of the deposit was of no consequence and would
not affect the validity of the repoll. It added that
even if it was assumed thatthis was an irregularity, the
petitioner had to further prove that the result of the
election in so far as it concerned the elected candidate
was materially- affected but the petitioner had not made
- 2 4 - •
any such allegation. The issuo was there fore decided
against tha petitioner.
Regarding issue No,2 alloying that the- use of
tha 1982 Electoral Roll was improper, it was contended
by the petitioner that enca rolls are published finally
under rule 22(2) of tha Registration -of Electors
Rules,1960, the toil together with the list of
amendments become the ©loctoral roll of the constituency
and as the rolls were revised again in ,1984 and finally
published in that year, the 1982 electoral roll had
become obsolete and these could not be used for the
election held in 1984. The High Court noted that
, . Representation of-the PeopleSection 23(3) of the / ,Act,i950 provides that no
'amendment* transposition or delation of any entry shall
bs made under section 22 of that Act and no directions
for the, inclusion of a name in the electoral roll of a
constituency shall be given after the last date for
making nominations. In the light of judgment of
Supreme Court in Baidyanath Vs. Sita Ram(alR 1970 SC
314) in uhich the Supreme Court had held that the
electoral rcll referred to in section 62(1) of the
R.P,Act,1951 must be understood to be the electoral
roll that was in force on the last date for making
nominations, the High Court held that the electoral
roll that uas in force on the last day for making
nominations for the election was the 1980| Elactoralas
roll/' supplemented in 1982 and therefore, this Roll
uas to be used in the repoll also. The High Court
added that avert if it uas assumed that the uso of the
- 25 -
1982 Electoral Roll was irregular, the petitioner had
not established by legal evidence that the result of
the election was materially affected by the usa of
this Electoral Roll,
On the third allegation, the High Court ruled
that the contents of the impugned circular did not
amount to bribery within t,ha meaning of section 123
of the Representation of the People Act,1951• It added
that neither the alleged corrupt practice was committed
with the consent of the candidate or his election
agent nor did the impugned circular materially affect
the result of the election. /
Regarding allegation listed at S.No.4, the H u h
Court ruled that there was no material either to show
that the scheme was started with the constnt of the
candidate.or his election agent or the election uas
materially affected by launching this scheme and that
voters knew about.the scheme* The allegation was held
to have not been proved, \ '. .
The High Court found no merit in allegation
mentioned at S»l\lo»5 above, as the Supreme Court had set
asid8 the election of the petitioner^uith respect to
50 polling stations where Electronic Voting nachines
were used and as such there was no scope for allowing
postal ballot by the Election Commission*
The Election Petition was dismissed by the High
Court vide its order dated 17.12.1984 but without any
order to costs.
- 26 -
IN THE HIGH COURT OF JUDICATURE fkl OABALPUR
{ ELECTION PETITION No. 1 of 1980. )
Uijay Lai Osual . . . . Petitioner
- Versus -
Smt. Rashmi Devi Singh & others . . • . Respondents
The petitioner Shri V. L. Osual, a defeated
candidate, through this election petition questioned
the validity of the election of Smt. Rashmi Devi Singh
to the Radhya Pradesh Legislative Assembly from
174-Khariagarh assembly constituency in the general
election.held in June, 1980 on the ground of various
corrupt practices alleged to have been committed by
the elected candidate or her authorised agents.
The allegations of corrupt practices included
(i)'distribution of Suhaq-bindi with symbol 'Panja' to1
the ladies at the religious functions at various
villages of the constituency. The elected candidate
allegedly also gave cash as bribe in the name of
'Arati'. The petitioner alleged that by such acts she
impressed upon the voters that ' if 'Panja1 uas defeated
their 'Suhag' would be in danger.
Corrtd...
- 27 -
(ii) / The elected candidate took the assistance of/
various' government servants -in her election campaign
and through them induced tha voters to vote for her and
she got some government scheme revitalised in the
village for the exchange of votes and also
threatened the voters of some unpleasent consequences
if they did not vote in'her favour.
(iii) On the date of poll, her agents terrorised
peoples at various places either to refrain them
from polling of compelling them to vote in her favour.
None of the allegations was proved in the
High Court in the absence of any evidence to
corroborate the allegations.
The High Court dismissed the petition with
costs vide its order dated 3.7,84.
- 28 - i
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JCGHPUR
( ELECTION PETITION NO, 2 OF 1980 )
Kalyanmal f'lina . • . Patitioner
- Versus -
Ratan Lai Tambi . . . Respondent
The election petition was filed 3hri
Kalyanmal Rina, an elector, calling in question the
election of the respondent to the Rajasthan Legislative
Assembly from 155-3ahazpur constituency in the
general election held in 1980. The petitioner
levelled the following allegations against the
respondent (i.e. elected candidate),
1i The respondent by himself or his electionagent or others with his consent publishedsome pamphlets containing false statementsin relation to the character and conductof another contesting candidate, Shri ,Santosh Kumar a.nd quoted from thosepamphlets in public meetings. He thuscommitted corrupt practice within themeaning of section 123(4) of theRepresentation of the People Act, 1951.The impugned pamphlets bore the followingcaptions.
"Murder of democracy. Outsiders thrustedon constituency".
'Hyprocrite Socialist may to reply'.
"Down with Capitalism. Long LiveSocialism".
_ 29 -
1. Vote f°r your beloved leader ShriRatan Lai Tambi.
2. The respondent published hand billscontaining falsa statements in relation tothe character of a defeated candidateShri Santosh Kumar.
3. The respondent made false statements inrelation to the personal character ofINC defeated candidate Shri SantoshKumar in public speeches which were said' to have neen tape-recorded. The statementswere as follows:
"Shri A.P.Sharma, agent of businesscommunity has taken money from Shri .Santosh Kumar".
4. The respondent incurred Rs. 37,585.50 p.on his election as against the permissiblelimit of Rs. 25,000/- and thus committedcorrupt practice specified in section 123(6)of the Representation of the People Act,1951.
On the basis of the evidence led before it,
the High Court held that two pamphlets saying that
outsiders would be defeated even if they spent money
lavishly and that Shri Santosh Kumar was an outsider
who got his name registered by misrepresentation of
facts did not relates to his personal character while
in the other cases, the petitioner failed to prove
that the pamphlets were published by the elected
candidate or his agent or others with his consent.
Regarding publication of handbills, it was
alleged that in these handbills the respondent inter-
alia published that he was not a candidate of INC
as was being propagated by Shri Santosh Kumar and that
- 30 -
Shri Santosh Kymarwanted to obtain the votes by
practising fraud, after obtaining the ticket by fraud.
The respondent's 'cass uith regard to the
hand bills was that Shri Santosh Kumar and his
supporters had spread a rumour that plam or hand
was his symbol as he was a Conoress(l) man. So in
order to remove that impression, he issued hand bill
(Ex.3). The respondent further explained as to
what he meant by practising fraud for obtaining
the ticket and obtaining of the votes by fraud. The
respondent stated that Shri Santosh Kumar was not a
voter in Rajasthan and uas a voter in Calcutta. By
wrong propaganda, the electors were being misled that,
his election symbol was 'Hand'. This was hou the
deception was being- practised for securing the votes.
lu'ith regard to the obtaining of the ticket, the
respondent's case was that Shri Santosh Kumar was not
a voter upto the date, which was fixed for submitting
applications for the ticket to the Congress Party.
The last date for the application to obtain the ticket
to the Congress party was Aoril 5,1980. This date
wqs notified in the programme issued by the All India
Congress Committee and the Pradesh Congress Committee
which also contained the time schedule for processing
of 'applications at various levels. He stated that
according to him, application for obtaining,the
- 31 -
ticket cbuld not have been entertained after the
expiry of the last data. The respondent stated that
so far as his knowledge goes, Shri Santosh Kumar
uas residing in Calcutta for the last three generations.'
and he denied that Shri Santosh Kumar was carrying
on his business at Udaipur since 1968 in the name
of.. WINSOME Trading Company. Ha uas thus an outsider*
The High Court held that the respondent did
not make any imputation that Shri Santosh Kumar
had cheated in his personal life and that the word
'Dhoka' (fraud) uas used in the context of the
obtaining the ticket and votes which uas a part
of political life and not personal life.
The allegation listed at 3 above, uas sought to
be proved by way of tape recorder. The counsel for
the respondent argued in the light of Supreme Court
decision in Mahavir Prasad Verma Vs. Dr. Aurinder '
Kaur (AIR 1982 SC 104) that tapes could be used
for the purpose of corroboration to support and
corroborate the other substantive evidence and
not as a primary evidence.
The High Court hold that the lau regarding
the admissibility of the tape recording uas uell
settled in a series of the decisions of tha Supreme
Court and the evidence of tape recording would have
value only when it was found that the tape uas a
genuine one and was in no way tampered with.
'• - 3 2 -
In the light of Supremo- Court decisions, the
High Court held that the tapes was admissible in
evidence and constituted primary evidence. It also
hold that the tape was not tampered with. On the
question whether the tape contained the' voice of the
respondent, the opinion op two-experts uas different,
However, in the light of the corroborative evidence
of two witnesses, the High Court held that the tape
contained the voice of the respondent, when the tape
was replayed it was found that "he is a smuggler11,
was reproduced.
The High Court held that in the speech the
respondent had clearly said that he' did*not know
personally that Shri Santosh Kumar was a smuggler.
Rather Shri Tambi had pleaded ignorance in the very
statement as to uhat Shri Santosh Kumar was and what
were his means and sources of income and wealth* But
if the context and subsequent sequence was taken
into consideration, the maker of the statement
really intended to convey no such imputation. The
allegation was therefore not proved.
The alienation regarding incurring of expenses
in excess of the prescribed limit was not pressed.
The election petition was dismissed with costs
vide High Court's order dated 29,12.84.
- 33 -
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(ELECTION PETITION No. 34 of 1980)
Mohammed Aqil . . . Petitioner
— Versus —
Rajpal Singh and 9 others . . • Respondents
The petitioner, a defeated candidate, through
this election petition called in question the election
of respondent No. 1 Shri Rajpal Singh to the
Legislative Assembly of Uttar Pradesh from
32-!vloradabad West constituency in the General election
held in May '80. The validity of the election of the
elected candidate was questioned on the grounds that
the elected candidate himself and through his agents,
workers and supporters, with his consent, captured
polling booths at Nag la Nidar and Patei Khalsa and
got hundreds of votes marked in his favour and put in
the ballot boxes. He also alleged that the electoral
machinery of the district including polling staff,
Returning Officer(District Magistrate) and senior
police officers, rendered a helping hand to the
respondent instead of taking action on the complaints
filed by his agents about it. Thus, he used the
services of Government officers for the furtherance
of his poll prospect which is a corrupt practice.
- 3 4 %
The petitioner prayed that the election of the
Raspondent No, 1 be declared Void -and he be
dsclor^d elected in his place.
The a 1 i.ar/:;tion of procurement of ins
assistance of qovsmment officer3 for bocth-
capturing uas held to have not been proved by
any documentary or oral evidence.'As regards the
allegation of the forcible capturing of certain
polling booths by the agents of the elected
candidate, the Court observed that oral evidence
produced by both sides uas coloured evidence as
the witnesses actively belonged to the political
parties, and documentary proofs like diaries
of Presiding Officers of the booths allegad
to hava bean captured did not shou any proof of
it. Tha Court held that none of the allegations
had been proved and dismissed the petition vide
its order dated 11.4.85 with costs.
- 35 -
IN THE HIGH COURT OF 3UOICATURE AT ALLAHABAD(LUCKNOU BENCH)
(ELECTION PETITION NO.4 OF 1 9 8 5 )
. . . . <-
Alisinghani ShaguanslnghMahadavsingh " < •<•••Petitioner
US.
Rajiv Gandhi & others .... Respondents
The Petitioner, a defeated candidate, through
this election petition questioned the election of
Shri Rajiv Gandhi, i.e. Respondent No«1 to the House
of the People from 25-Amethi parliamentary constituency
in the General Elections held in 1984. The petitioner
alleged commission of certain corrupt practices by tha
elected candidate or his authorised agents. He prayed
that elected candidate be disqualified to contest the
election for a period of 6 years for indulging in corrupt
practices. He also prayed that Section 8A of the
Representation of the People Act, 1951 bo declared
ultra-rvires.
The petitioner further alleged that the election
of respondent No.1 uas void on account of improper oath
administered by the Returning Officer to the candidate
at the time of nomination, under article 84(a) of the
Constitution in as much as the Returning Officer, remained
sitting" in his chair and did not stand up while admini-
stering the oath. But the Court rejected it and
contd,....
- 36 -
observed that there uas no specific provision in the
Constitution or in the Act that Returning Officer
should be in a standing position, at the time when
oathoa- affirmation is mode by a candidate. The Court
also agreed to the contention of the respondent that
the pe titioner had not pleaded that the result of
election had been materially affected by that.
The following corrupt practices were alleged
by the petitioner.
(i) That the respondent No.1 sought the assistance
through Returning Officer and the Police Department to
prevent the petitioner from doing his election campaign
or to withdraw his nomination papers. The petitioner
contended that the Assistant Returning Officer asked him
about the purpose of his contesting election against
the Prime Minister and if he could inform him about s
that, the Assistant Returning Officer could save him
from police action. Thus Assistant Returning Officer
threatened/induced the petitioner to withdraw from the
arena of election. According to the petitioner he was
thus forced to leave Sultanpur, which hampered his
election campaign.
The respondent's advocate contended that the allegatic
was extremely vague because they did not set out the
material facts in this regard, although Section 83(i)(a) of
contd.....
- 37 -
the Representation of the People Act, 1951 required
a concise statement of the material facts. It was
also contended that a corrupt act of bribery under
Section 123(1)(A) of the Act must be by a candidate
or his election agent or by any other person with tho
consent of a candidate or his election agents and
although Assistant Returning Officer fell in the
category of other persons ,it was not pleaded that he
acted with the consent of the elected candidate or
his agents. The Court agreed with it and dismissed
the allegation as locking in material facts,
\2) Similarly, it was alleged by the petitioner that
as it uas observed from the nous items appearing in
loading newspapers, the elected candidate had offered
the bribe of abolishing the compulsory deposit scheme
and hod promised to rootout corruption, if he uas olectod
and returned to power.
The advocate of the respondont averred that pleading
was incomplete as it lacked tho material facts like
time, date and place, when and where tho elected candidate
mado tho statment. He also argued that, even otherwise
these i.e. abolition of compulsory deposit and corruption
from public lifo were the subject matter of the election
manifesto of his party and could not be construed to
contd,,.,..
- 3 8 - • '
be corrupt practice by the candidate. The Court also
observed that even if the petitioner had purported
to utilise the public nous items filed by him alonguith
the petition, to sustain Jiis allegation, the pleading
uould not be entertainable as, the copy of the
newspaper uas not furnished to the respondent alonguith
the copy of the election Petition, and that uould
amount to violation of mandatory provision of SBction
81(3) of the Act and uould call for the dismissal of
the petition. The Court relying on the decision of
Supreme Court in Surinder Singh Us, Haridal Singh and
others(i985 SC Case 91) agreed to the contention of the
respondent that declaration- in the election manifestoes
could .not constituted to be a bargain of votes to
induce electors to vote in favour of a particular
candidate.
3. The petitioner aiso alleged that the respondent
induced and influenced the voters through the
programmes of his, late mother Smt.Indira Gandhi and
demanded sympathy of voters in her name which falls <
under corrupt practice. The Court found that
projection of the achievements of his political party
or his leader Smt.Gandhi, uas not violative of
Section 123 and held the allegation as vague and
misconceived.
- 39 -
4. The petitioner also alleged that the respondent
No*1 committed the corrupt practice of incurring or
authorising of expenditure in excess of the amount
permissible under Section 77 of the Actf and this fell
under Section 123(6) of the Act. He gave detailed
particulars of such expendit: re.
The Counsel for the respondent averred that the
material mentioned by the petitioner is purely
conjectural and the verification of the facts, both in
the petition as well as in the affidavit in support
thereof, is described as 'source of estimate1 uhich is
not contemplated by the relevant portion of the law.
Also the phrase ua3 not followed by the further
expression that the petitioner believed the source to
be true. The result uas that pleading was no pleading
at all. The Court fully agreed with the contention and
held that unsupported by the requisite verification or
affidavit, the pleading could not be said to be
recognised by the law,
4. T^G last allocation uas that the respondent
committed the corrupt practice of taking assistancepersonnel
of polics^for the furtherance of his poll prospects.
It was stated that respondent No,1,Prime Minister
Govt, of India,posted -polifcs below the House of the
petitioner in Maharashtra and Assistant Returning Officer
of the Constituency put the petitioner under the
psychological fear as to why he was contesting the
election against the Prime Minister and that on account
; - 4 0 •-•
of the fsar he left the constituency. Even - ^••' • -"'..,»
otherwise police party acco.mpcni&d him wherever ha
went for convassing. Thus due to the faor of police
he could not campaign freely for the; purpose of his
election and the manner in which polico bohavad in
his company was discriminatory because similar treatment
was not given to the sleeted candidate. The advocate
for respondent contended that there was no material
fact to-connect elected candidate with the postings
of police personnel or performance of their role as a
guard of the petitioner. The Court held this contention
toe, frivolous as it lacked material facts.
The last ground that Section 8A of the
Representation of the People Act,1951 was liable to be
declared ultra-vires Has also dismissed by the Court,
as the' counsel of respondent averred that question
•of the validity of particular Section Of the Act was
beyond the scope of the election petitions. It uas
stressed that election disputes are not cause at
common law or equity but are strict statutory
proceedings and Court while dealing with election
. petitions exercises a special jurisdiction which must
ba confined in the limits of Representation of the
People Act,1951 and election can be declared void only
if one or other grounds of section 100 of the Act is
, attracted. As in the instant petition, validity of e
election of respondent was challenged, and sines
section 100 of the Act doss not contemplate a ground
of v/ires of any Act, or Rule, such question was heyond
the scope of the election petitions.
- 41 -
The Court on the basis of above observations
came to the conclusion that tha pleadings of all the
facts, sst out by the petitioner in tho election
petitions, be struck out. The consequence of that
position wao that the election petition was not to
be tried as it did not disclose a cause of action
the meaning of order 7 rule 11 of Civil procedure
Code. Since, there was no cause of action, the Court
ordered that the paragraphs therein allegations were
made be struck off uith the result the election
.petition did not disclose the cause of action,
according to Section 98 of the Act, the only fate
of such petition was that it be dismissed. Hence
election petition uas dismissed uith costs vide its
order dated 6.5.1985.
- 42 -
IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO." 1724(NCE) OF 1982
Ashok Kumar Bhattacharya • . . Appellant
- Versus -
Ajoy Biswas & others • • • Respondents
The petitioner, an elector of the U. Tripura
parliamentary constituency, through election petition
No. 2 of 1980, questioned the election of Shri Ajoy
Bisuas to the House of People from the said parliamentary
constituency in the General Elections held in 1980 on
various grounds of which the only ground pressed uas
that the elected candidate i.e. respondent 1 in the
instant appeal uas disqualified for being a chosen as
a member of the House of People as he uas holding an
office of profit under the Government of Tripura within
the meaning of article 102 of the Constitution. It
was alleged that the respondent uas, holding an office
of the rtccountant-in-charge under the agartala
Municipality on the date of filing of his nomination
paper. Agartala municipality is constituted under the
Bengal -Municipal Act, 1932. The objection that the
nomination of respondent was not valid uhen,raised at the
state of scrutiny of nomination uas rejected by the
Returning Officer.
- 43 -
On a perusal of Section 66 of the saidi ' j
Municipal Act, which dealt with .the appointment of
the s-uordinate officers the Court camo to the
conclusion that the appointment of persons in the
post3 like, the one held by the respondent uas made
by the.Commissioners of the Municipality, though
the appointment was subject to confirmation by the
State Government, He uas thus an officer under the
Commissioner. Section 68 of the Municipal Act
expressly provided that such officers shall be
subordinate to the Executive Officer appointed
by the Commissioners. Though State government,
through certain pouters, exercised general control
on the municipal bodies, municipalities under the Act
do not perform tha functions for the government.
The survey of the Act"also laid to the conclusion
that Agartala municipality uas a 'local authority1
as defined in General Clause Act, 1897.
The High Court referred to the case of Surya
Kant Roy Us. Immanul Hai Khan (AIR 1975 SC 1053)
wherein, the following tests uere laid down for
finding out whether an office.tin question is
an office under the government or whether that
office is an office of profit:
Ii) whether government makes appointment.
ii) whether government has right to dismissthe servant. ^
iii) whether government pays theremuneration.
- 44 -
iv) what are the functions of the holder?whether he performs tharn for government?
v) Doss the government exercise any control .over the performance of those functions.
The High Court on very careful perusal of the
Bengal Municipal Act, found that when examined on
these lines, the control exercised on certain spheres
by the State government over the Agartala Municipality
did not make it an organ of the government and also
that the government did net exercise even indirect
control over the respondent.
The High Court also referred to the decision
of the Supreme Court in ,D.Gurushantappa Ms, Abdula
Khuddus Anwar & 0thers(i959 35 CR ~425)wherein
the distinction between Article 58(2) Article 64(4)
vo f the Constitution on one hand and Article 191(1) (a)
and Article 101(1) of the Constitution on the other
hind was explained as under:
"Thus, in the case of election as President or
liice-Presidant, the disqualification arises
even if the candidate is holding an office of
profit under a local or any other authority
under the control of the Central Government .
of the State Government, whereas in the case
of a candidate for election as a member of
any of the Legislatures, no such disquali ficatioj
is laid down by the Constitution if the office
- 45 -
of profit is held under a local or any other
authority undsr the control of the Governments
and not direct under any of the Governments.
This clearly indicates that in the case of
eligibility for election as a mamtor of a
Legislature, the holding of an office of
profit under a corporate body like a local
authority does not bring about disqualification
even if that local authority be under the
control of the Government. The mere control
of the Government over the authority having
the power to appoint, dismiss or control
the working of the officer employed by such
authority does not disqualify that officer
from being a candidate for election as a
member of the Legislature in the manner in
uhich such disqualification comes into
existence for being elected as the President
or the Vice-President".
Hence the High Court also held that, even
otherwise, holding of an office of profit under the
corporate local bodies like Agartala Municipality did
not bring about a disqualification even if that local
authority was under the control of the Government.
Tha High Court dismissed the contention of the
petitioner that rigartala Municipal employees(appointment
& Conditions of Service) Rules, 1971, inter alia,
- 46 -
prohibited the employes participating in the work of cny
political party. As the object of the article 102(1)
(a) of the Constitution is to secure independence of
the mem bars of Legislatures and to ensure that
Legislatures do not have members, who have received
favour/benefits from the executive, it uas urged that
the said rule should be so construed as to imposing
a ban on the candidature. But the Court did not
agree with the contention and held that it simply laid
down a rule of conduct for an employee of the •
municipality and it did not entail disqualification
of candidature.
the High Court dismissed the petition vide
it order dated 15.3.1962.
/Aggrieved by the judgment of High Court, the•4'
petitioner moved the Supreme Court. The Supreme Court
dealt at length with the term "office of the profit'1 and
upheld the findings of the High Court and dismissed
the appeal vide its order dated 15.11.84, The Court
however specifically observed-
"The term "office of profit under the Government"
used in clause (a) of Article 102(1) is an
expression of wider import than a post in
connection uith the union or of any State which
is dealt within Part XI1/ of the Constitution.The
measure of control by the Government over a local
authority should be judged in order to eliminate
the possibility of conflict between duty and
interest and to maintain the purity of" the
elected bodies".
- 47 -
IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO. 515(NCE) OF 1983
Ganu Ram • « • Appellant
- Versus —
Rikhi Ram Kaundal & Others • • . Respondents
Shri R,R.Kaundal, a defeated candidate
filed election petition No. 2 of 1982 in which
he challenged the validity of the election of
Shri Ganu Ram who was elected to the Legislative
Assembly of Himachal Pradesh from 23-Gehwrin(SC)
assembly constituency in the General Election
held in 1982* The grounds on which the validity
of the election of the elected candidate was ' .
questioned were as follows: -
(a) The nomination paper of the electedcandidate i,e« appellant had beenimproperly accepted 'by ReturningOfficer because as required by section33(2) of the Representation of the PeopleAotr 1951, he had not made anydeclaration specifying the particularcaste of which he was a member andthe area in relation to which hiscaste was notified as a scheduledcaste.
(b) The appellant was not qualified forbeing chosen from the above reserved
constituency as he belonged to'Qhiman' caste which was not one of thecastes notified as scheduled castes forthat particular area.
- 4 8 -
The High Court found that the allegation at
(b) was not proved. The High Court rejected the
contention of the elected candidate that although
he had not made a declaration on the prescribed
form in the nomination paper specifying his caste
and area in which the caste was notified as
scheduled caste, he had attached a certificate
from Sub-Divisional Magistrate Ghumaruin along
with his nomination paper in which he was certified
to be a member of the scheduled caste,being 'Lohar'
caste and thus nomination paper filed by him when
read as a whole with its enclosure clearly
reflected him to be the member of scheduled caste.
The Court took the view that Section 33 (l) of the
Representation of the People Act, 1951 read with
'rule 4 of Conduct of Election Rules 1961 required
'the declaration be filed in the prescribed form B
which was a self contained one. That was a statutory
mandate* The said form did not contemplate filing
of any enclosures. The Court declared void the
election of the appellant vide order dated 7,1.1983.
Aggrieved by the judgment of the High Court, the
elected candidate moved the Supreme Court.
The Supreme Court did not agree with the view
taken by the High Court. It observed that when the
nomination paper had been made in the prescribed form,*'For the gist" of the HigTi Court's judgment pleace seePP. 31 to 33 of the Documentation Monthly -January,1983,
- 4 9 -
there was no legal prohibition against the other
requisite particulars being furnis.hed in a separate
paper apponded to the form instead of writing them
out in the form itself, Annexure appended to the
form by the appellant should be treated as a part of
the nomination paper. Hence declaration contained in
the annexure should be treated as a declaration by
the appellant in the nomination form uithin the
meaning of section 33(2) of the Act. The Court
.specifically mentioned that the instant case dealt
with nomination papers belonging to Scheduled casto
and Scheduled Tribe, who for well known historical
reasons are unfortunately extEemely backward sociallyf
economically & educationally. The Supreme Court
also observed that the lagislative purpose of section
33(2) of the Act was that when nomination paper was
filed in respect of reserved seat in any constituency
there must be clear specification by the candidate to a
particular caste or tribe to which ha belonged and the
area in relation to which that caste or tribe is
scheduled caste or scheduled tribe. In the instant
case this requirement was fulfilled fully by
annexing the certificate af Sub Divisional Officer
in that regard.
The Supremo Court allowed the appeal with no
order as to costs & thus reversed the judgment of the
High Court vide order dated 17,7.1984,
- 50 -
IN THE HIGH COURT LiF KARNATAKA AT BANGALORE
'LJ;RIT| PET IT I ON j NO. 1 56j5_ OF; TJ.B5
N.R.Shreedhar (vioorti • ' • ' • . Petitioner
- Versus —
1. The Chief Secretary,The State Government of .Karnataka.
2. The Chief Electoral.Officer ofKarnataka.
3. The Chief Secretary,The Central Government.
4. The Chief Election Commissioner.
5. H.T.Krishnappa, Ex-minister^ . . . . Respondents
O R D E R ' , •
In this petition under Article 225 of the
Constitution, the petitioner has sought for issue of
a writ in the nature of mandamus directing respondents
"1 to 4 not to hold elections to the Karnataka State
Legislative Assemblyxtill January, 1988, Ha has also
sought for a direction to respondents 1 to 4 to allow
the 5th respondent to take oath as a Member of the
Legislative Assembly and to continue as auch for the
whole term. Learned Counsel for the petitioner, in
support of the aforesaid rel iefs , submits that by
holding the elections nou, the Fundamental Right
guaranteed to tao petitioner under Article 19(1(g) ,
of the Constitution, is violated. Article 19(1)(g)
of the Constitution guarantees to al l citizens the
right to practise any profession, or to carry on
Contd....
- 51 -
any occuption, trade or business. It is not possible
to understand, hou the aforesaid fundamental right
is violated by holding elections to the State
Legislative Assembly. Now the State Legislative
Assembly has been dissolved, Keeping in tune with
the basic features of the Constitution, it is decided
to hold the elections in the very near future.
Holding of the elections to the Assembly cannot be
held to interfers with the fundamental right
guarantees to the petitioner under Article 19(1)(g)
of the Constitution.
2. It is contended that by holding the elections
there will be a waste of public time and money. This
contention also cannot be appreciated. It is to
keep inconsonance with the democratic principles
-nd the basic features of the Constitution,, the
elections are held. The State cannot go on without
a Legislative Assembly. Therefore, it is not
possible to hold that the proposed elections to the
Legislative Assembly either affect the petitioner
in any manner or a waste of public money and time.
It is incumbent upon the State*and the Election
Commission to hold the election to the Legislative
Assembly.
J
Contd••
- 52 - '
3. No other contention is urged,
4. . Hence, I do not see any ground to interfere*
The petition is rejj ected at the stage of preliminary
hearing.
Dated:28th January,1 985, ' jyDGE
7
- 53 -TaGLE
PETITIDNS/aPPEALS DISMISSED FOR NON-PROSECUTIONTINfRUTUOUS AND U I T H D R H U N .
~a"me of Sta te Name" "of~"House &~~Year Name" "of ~"Ground ~Da*te" "o"f~~or"de"r*~ "ElecT foTi P'e'tjLti'o'rf*of e l e c t i o n , cons t i tuency . of High Court/ No. in case of
, _ . _ _ _ _ . _ _ _ Supreme Court. High Court,
Z J _ Z _ _ _ Z Z _ Z Z2-. Z Z Z Z _ Z ~. ~ J L _. Z Z Z 3_. Z _ Z Z'l?Z Z Z Z .. Z Z Ze_ Z Z Z ZKarnataka General election to 169-Bhaktal assembly 17.1.85 Election Petition
Legislative constityexicy. *I NF No. 19 of 1983..\ssGmblies, 1 983.
3ommu & Kashmir General election to 44-Kgrgil assembly 21.2.85 Election PetitionLegislative constituency. *^p No. 32 of 1983.assemblies, 1983. . .
-do- 42-Dooru assembly 6.3.85 Election Petitionconstituency. *NP No. 5 of 1983.
Uttar Pradesh . General election to 85-Harduar(SC) *wp 2.4.85 Election Petition. tha House of the ' . . No. 9 of 1930#
People, 1980. Parliamentary constiu^ency.
Moghaiaya General Election to 19-3aiauassembly *^p 8.2.85 Election PetitionLegislative constituency. |\j0. 15 of 1933.Assemblies, 1983.
Uttar Pradash Council of States ' - - *Nf:j 23.7/84 Election Petition v
No, 1 of 1984.
Haryana Bye-election to Fatohabadassembly 16.7.84 Election PetitionLegislative assembly constituency.- 4*jp . No. 2 of 1984.of Haryana. ,
— ™ 4. -._ _ _. _ .
.indhra Pradosh
Assam
Andhra Pradesh
Bihar
Karnataka
Rajasthan
General Election toLegislativeassemblies, 1983.
General Election toLegislativeHssembliss, 1983.
General Election toLegislativeassemblies, 1983.
General election toLegislativeAssemblies,1980.
-do-
General-election toLeg islativira.issamblies, 1985.
General Election toLegislativeAssemblies, 1980.
-do-
General Election toLegislativeAssemblies, 1983.
General Election toLegislative -Assemblies, 1980.
220-Siddipet assembly 21.9*84Constituency.*NP
96-Khumtai assembly 2.3.84constituency. *NP
201-Tandur assembly 21.9.84Constituency. *
228-Ramgarh assembly 29,3.85constituency. *INF
198-Hilsa assembly 15.4.85constituency. *INF
120-Hadhupura assembly 15.5.05constituency. , . / , .
97- Mohinydin Naqar 27-3 R5assembly J i ' " 3 « w
constituency. *INF
134-Thakurganj assembly 1.4.85constituency, * T M r
178-Kalghatagi assambly 2.4.85constituency. *INF
196-Makrane assembly 22.3.85constituency, -*n\jf
Election PetitionNo. 18 of 1983.
Election PetitionNo. 18 of 1983.
Election PetitionNo. 17 of 1983.
Election PetitionNo. 4 of 1980.
Election PetitionNo. 26 of 1980.
Election PetitionNo. 16 of 1985.
Election Petition No.22 of 1980.
Election PetitionNo. 33 of 1980.
Election PetitionNo. 18 of 1933.
Election PatitiorHo, S of 1980.
Uttar pr^cJjsh
Fiadhya Pradesh
andhra Pradesh
55 -
3"
Karnataka
Bye-election to LokSabha, 1902,-
General Election to,Legislativeassemblies,1980.
General Election toto LegislativeAssemblies, 1983.
General Election toLegislativeAssemblies, 1983,
General Election toLegislative
s, 1980.
Dammu & Kashmir General Election toLegislative.Assemblies, 1983.
- d o - -
-ua-
Andhra Pradesh General election toLegislativenssemblies, 1983.
2-Garhwal parliamentar^^.1.85constituency. #I(\|F
213-5eoni assembly*U 27.8.85constituency.
88-P!alleswaram 25.1.85*INF
290-Ramannapet *U 21.2.85ssembly constituency.
200-Gokak(ST) assembly 16.1.85constituency. *i^p
40-Bhol?.th assembly 22.5.85constituency. *
57-Baribxahminan 23.5.85assembly *NPconstituency•
59-Ranbersinghpura 5.4.85assemblyconstituency,
20.5.85
120-Cumbum assembly 21.12.84Constituency. *NP
Election PetitionNo. 2 of 1982.
Election Peti t ionNo. 15 of 1980.
Election PetitionNo. 15 of 1983.
Election PetitionNo. 11 of 1983.
Election Petitions Nos,7 and2tof .1983-,
Election Petit ionNo. 3G of 1980.
Election PetitionNo. 13 of 1933.
Election PetitionNo. 2 2 of 1903.
Election PetitionNo. 20 of 1983.
Election PetitionNo. 31 of 1983.
- 5 6 -
- ^ _ _ _ . 2 . _ _ " ~ - 4 - - - / - - - - - - - - . - - - - -HHH 44ra ' ^ _ _ .WA ^U4 • P ^ ^ - ufj ^ m *>*•. Wf4w ^rfW ftww Mortal 1W£A ll^^b ^ ^ ^ _ B^* ^^^M ^^^H MHV ^^>B W1M V^flk ^^^H ^^^B • • " ^ ^ • • • • ^ 3 ^ O H ^ SVW < t ^ * *^<Bt AKfS VMH t4ltV <MH A M^^B ^B^D ' *^^f ^^m^ — •— ^ " ^
Andhra Pradesh Gant^ral Election to 42-3aggampet *NP 15.3.05 Election Pet i t ionLogislatiUG assembly N o . 3 0 o f 1933.Assemblies, 1933. constituency.
Uttar Pradesh Bye-election to Lok 2-Garhual parliamsntary 10.2.05" Election Pet i t ionSabha. constituency. *NP No. 1 of 1902.
Andhra Pradesh General Election to 215-Karuan 15.3.05 Election Pet i t ionLeaislat ive Assembly, Parliamentary *NP Mo. 27 of 1983.1983. constituency.
Tho C i v i l nppeal No. Q330(NCE) of 1333, 421 (NCE) of 1984, 4255 (NCE) of 1983,
4233 (NCE) of 1982, 3150 (NCE) of 1933, 1792 (NCE) of 1984, 3150 (NCE) of 1903 and
1330 (MCE) of 1970 were also dismissed by the Supreme Court vide order dated 5.9,04,
18.12*34,13.9.84, 10.12.04, 1.5.65, 1.5.05 » 1.5,05 and 19.9.04 respectively for ":
various reasons l i ke non-prosecution, debarred by l im i t a t i on of time in f ruct ious e tc ,
*-j\jP stands for Non-Prosecution,
* U stands for Withdrawan, ' "
*INF stands for infructuous. .
. . • . •
- 57 -
CaSES OF DISQUALIFICATION
During the month cf Duly '35, 26 persons
were disqual i f ied under section 10a of the
Representation of the Hoopla act, 1951 for their
fa i lu re to lodge their accounts of elect ion
expenses at a l l or within the time and/or in ••
the manner required by lau. The names and
addresses of these persons are giverf in the
as appendix, •
- 58 -
Particulars of persons disqualified tocontest-election under section 10A of
Representation of the •Jeoplo'_i\_ct>,
""HJT_ 1 « , . -^IT.'NQT "•"&" "Na"mB<*"a'nd'~'ad'd~es's""oT "tho* ~ "Oa"te""o"f "** Date~"cn uFhTchof person disquali- disqualificationconstitue disqualified* fication. shall 'Standncy. .. removed
autbmatically.
1111111 Z2IIIIIIIIIIII3IIIIII2II-I-HHRYHNA HOUSE OF THE PEOPLE5-Rohtak S h r i Mohan L a i , 8.7.85 8.7*.88
House No. 158,UardNo. 9, Balua POohalla,Kheri Kyi Ki Pass,
Rohtak.
FlAHARnSHT^a
A4-Satara Shri Shaikh Dilauar
Badshah, 0.7.85 8.7.08R/o 504-A/4,Shivaji Housing Society,DGshmukh Colony,Satara.
DELHI
6. De lh i Sadar 'Sh r i Mukesh Hun ja l , 8,7.85124- Dr. Mukherjee Nagar,Delhi.
3.7.88
HANIPUR LEGISLATIVE ASSEMBLY
1 . 15-Uangkhei
Shr i Laishram GokulChandra Singh,Nongmeibung,r ianipur.
8.7.85 8.7.88
C o n t d . . .
- 59 -
Manipur(Cnntd.)
2. 16-Sakmai(SC) Shri Khuairakpam,ringangjao, Sekmai,
4
8.7.85 6.7.88
3 . 2 9-Kumbi
4 . 29-Kumbi
5.-29-Kumbi
6 . 29-Kumbi
7 . 2 9<rKumbi
Manipur.
Shri Abdul Satar, 8.7.85 8.7.68Borayangbi V i l lage,P.O. Ploirang,Manipur.
Shri KhangambamTamulc, " 8.7.85 8.7.88Kumbi Village,B.P.G.Kumbi, P.S.Moirang,Qishnupur District,Manipur.
8.7.85 8.7.88Shri ThingujamBabudhon Singh,Pombikhok Village,P.O. fbirang,Manipur,
Shri Patsangbam Keli, 8.7.85 3.7.88Ungoo Sabal,Nacdakhang,(la nipur.
Shri LourambamBirendra Singh,B.P.O. Kangvai,Manipur.
8.7.85 .8,7.88
8. 35-Khangabo Shr i Laishram ^ a n i , 8.7.85P.O. Khangbok,
9. 45-Chingai(ST) Shri K. KeisonNangbi Khullen,Manipur.
8.7.88
8.7.85 8.7.88
Contd...
- 60 -
afitlNACHAL HRAQESH
1 • 1-Tauang
2. 3-QirangKalakta'ng
Shri Tashi Norbu,I / i l l . Lumla.P.C.Tauang, vArunachal Pradesh.
8.7.85
Shr i Oorjee Tser ing, 8.7.85Ui l lage Kalaktang,P.O. Kalaktang,D i s t r i c t Uest Kamangj,«runachal Pradesh.
8.7.88
8.7.88
GOA.DAPIAN & .OIU
i . 1-Pernem(SC) Shr i Har i jan BabloDhondgo,Ozzi Deuluado,P.O. Pirna,Bardez.
8.7.85 8.7.68
2. 2-rq
3. 5-f'lapusa
4. 6-Tivim
5, 7-Bicholim
Shri HarmalkarNamdev Shonkar,House No. 376,Harmalkaruada,Tuem,Pernem Goa.
Pandit ChandrakantJairam, :
E/644,H.No. 967,AnsabhatyMapusa,Goa.
Shr i O'Souza DacintoCajetano,St» Jeronimo
8.7.85
8.7.85
Shri Farrao Agnelo3erje,Pcnha do Frana,f%nshabhatGoa. .
8.7.85
8.7.85
Shri Gadekar KamalakantKrishna, 8.7.85H.No. 276,Gaokaruada,
' (Ylayem,Bioholim,Gca.
8.7.88
8,7.88
8.7.88
8.7.88
8.7.88
- 61 -
ZC Z Z Z Z Z Z Z Z Z I 2 Z Z Z-Z Z Z Z ZZ. Z I Z Z Z Z Z*IGoa,Daman & Oiu (Contd. )
7. 7-Bicholim Shri Raut UnmanGopal, ' 8.7.05 8.7.68H>No* 192 -1 ,Sakailau/ada,
>• Salerno G o a .
8 . 7-Bicholim Shri Teli AnantRamchandra, 8.7.85 8.7.88Ehaili Path,Bicholim,Goa,
9. .11-Santa-Cruz Shri Braganza 3ojori inuel, 8.7.85 8.7.88237-Neu 86, St .Caetan Flaraces,Goa.
10. 11-Santa-Cruz Shri Dalvi LJdaySybay, 8i7.85 8.7.88
. C5-40-6,ridarshColony, Caranzuam.
- 62 -
CHAPTER -
° N pETI TI 0NS
Curing the month of July '85, the Commission
received intimation about disposal of 5 election
petitions from different High Courts. No intimation
regarding disposal of any appeal in election matters
uas received from the Supreme Court of India.
Details of 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 Lok Sabha held in 1980, (c) General
Elections to the Legislative Assemblies, 1980,
(d) General Election to the Legislative Assemblies,
1902, (e) General Elections to Legislative Mssemblies,
1983, (f) General Elections to House of the People,
1984, (g) General Elections to Legislative Assemblies
1984 and (h) General Elections to Legislative
Assemblies, 1985 are furnished in the eight statements
(I to VIII) annexed.
An appeal relating to the year 1972 is also
pending in the Supreme Court. This appeal is against
the order and judgment of High Court of Punjab and
Haryana in Election Petition No. 27 of 1972.
- 53 -
U'ttam Singh Vs. Kirpal. Singh by which the High
Court had allowed the patiti-n.\
MS -n 31.7.85, 471 election petitions and
39 appeals were 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. i
STAXEfCNT-I
GENERAL ELECTIONS TO THE LEGISLATIVE A..SS_CTB LIES^1977 t o 1979
IiHLnJi?ILJl£»JLM£^ ,-0 /JU. .pending i nt h a Hiqh"**Cou r_ts a>n_d a J3p_ea.ls j .n ttig_Supj;em,e .Courtt.
(As o r 31 .7 .85)"."NoT N"evnG""o"f StaVe/"" "'"E'leHtTo'n Tel: i t ion's Tn^t*he~H'lq'h "Court JEpje'als" T.n"t'he']"s'upre'me'*'Court "' _
Union F i led __£LsJi£§^.i,°JL - Pending Filed^ __Dis£osed of Pe*ridinqT e r r i t o r y Upto the During To t a l Upt.o the ~During To ta l
end of the • ."• end.of thel a s t niont-h_i_mo>inith_ ^ ^ _ _ _ ^ . . . . "„,._«» ^. Aa2.^_.rn2.ni^l
-.m2L^i.h
1-. , .- ™ Jls* — .* - - 3 A - -4-«- - • 6 A - - • - • 8 - ^ - —9A ^1-* -1-*- 1-2--
1 . Andhrs Pradesh (1978) 21 21 - 21 5 6 62. Assam (1979) 99 - 9 - 3 3 - 3 -3. Bihar (1977) * 31 31 - 31 - 6 6 - 6 -4. Haryana(i977) 7 7 - 7 - 2 1 - 1 15.. Himachal Pradash<1&7?) 5 5 - 5 - . . _ - .
' S. Dammu & Kashmir (i 977) 19 19 - 19 - 4" 4 47. Karnatekc(i978) 74. 74 74 4-• 4 - 48. Kerala (197?) 19 19 - 19 - - 6 6 * 6 • -9. Fiadbya Pradash(i977) 2'8 28 - 20 6 6 . . . - 6 -1O.r'-.ahnraahtra(i978) 13 13 - 13 - 2 2 211.HGqhalaya(i978) 1 1 - 1 - - -12.Nannlcnd(i970) 99 - 9 - 1 1 - 1 -13-0rissa(i9?7) 6 6 - 6 - 1 1 - 1 -14,Pun1ab(i977) 16 16 - 16 - 10 10 - 1015..Rajasthan(i977) 18 18 -. • 13 - ^ 4 - 4 -16.Sikkim(i.979) 22 - 2 - - - - - -
- 17,Tamil Nad.u(i977) 88 - 8 - 5 . 6 - 5I S . U t t n r Pradesh(1977) 37 37 - 37 - 9 7 7 219.Uest Bangal<1977) 1 1 - 1 - - - - - »
1 .* Do I h f Cf977) 44 - . 4 • - * - - - - ' - '2 . Goa,Daman & Diu(t977) 1 1 - 1 — 1 1 - 1 -3 . Mizoram(i979) 22 - 2 - 22 - 2 -4. Pondicherry(i977) 2 2 •<• 2
- - - - TOTAT:" "" 3"33" "" 3"3^ - 3"33" "" *""-"* ™ ~ 72 tf "-"" " ~69 ' 3*"
: - 6 s - - . ' . • •
STATEMENT - ^JJ ,
GENERAL ELECTIONS TO THELOK SABHA, 1900.
jjumb er of e_lsction j j e t i t i ons f i l 6d T dispose_d of,^ pending inthe, jjigji ...J^jJrts. jL.ajppeals in the Supreme.. Court. . • •
_ ^ .. , . . ,_._ _., - — — « - . . - , - — _ . - . « . . . . - „ . „ , . - . . „ . „ . - . „ „ _ XA£ o n 3 1 • 7 ..852.No, Name of State/ Election Petitions i n the High Courts Appeals In tho Supreme" Cou'rt. "" "*'
Union FTled i t\\t tiisposeo' of " ^ 'Pendino Filod_, Disposod of PendingTerr i tory Uptp the During Total Upta the During Total
end of the end of tho„, _ _ _, M ,_ _ . JL^^^n ih— iiioj t h ^ ^ ^ ia£.t^m io inih>- rnorith •
• - 2 A „ . „ w ^ » . i - 5-t _ - 6A __ Jfx _ _ 3 . 9A IOJ. _ _ 11 A _ _ 12^ _ _
, Andhra Pradesh 1 1 - 1 - - - - - . « .; Bihar 1 4 1 1 - 1 1 3 3 1 - 1 2« Gujarat 2 2 - 2 - 1 1 - 1, Hnryano 1 1 - 1 - - „ « «^-Himachal Pradesh 1 1 •- 1 - ~ M ^ _ #>_
Jamiriu & Kashmir 2 1 - 1 1 - - - - « .Karnctaka 1 1 ' , 1 - 1 1 «. 1 „Kerala 1 1 - 1 - - - _ _ ^nadhya Pradesh 4 4 - 4 - 2 2 - 2
..fiaharnshtra 6 5 - 5 1 - - _ „ j,• Oriosa 1 1 - 1 - - - - - -.Rajasthon 2 1 - 1 1 1 - - _ 1.Tamil Nadu 1 1 - 1 - 1 1 <].Tr ipura 2 2 - 2 - 1 1 - ,. -j. Uttar Pradoah 14 13 - 1 3 1 3 2 - 2 1, West Bengal 2 1 1 2 - - - - - „• Arunachal Pradesh 1 1 - 1 - 1 1 - T • Z,0o lh i 22 - 2 - - - - >,Dadra & N.Havsli 1 1 - 1 - - - ..
TOTAT:" " ~ ~ *"*5f 5T "* "" - ~ r - • = " - - ?2"" " "T " ""14 "" ~ To «"" ~ "-i o " "4"*
* 66 - l•STATEMENT - I I I
GENERAL _E,LECT 10MS| TO LEGISLATIVE ASSEMBLIES. 1980
Number of e lec t i on pe t i t i ons f i i i l ed l disposed o f , Jjgjidijiq i n the,High Courts_ ond ap,PJB;3As,nl.Lri...ftlltl
lr Supreme Court .
r (AS'on 31.7.05)
5~,"fTaT !Tarne~o7 S"ta*tF/"" Tle'_cti~n~'^e"ti'tio'n's"iT> The" TTiq'h'"C'o"urt3 ~".A'ppo'aTs"*i'n the" 5\i"pre"rrm Ho'u'r't *"* " " " " " ***Union , F i led ^""Disposed. o_p i Pending FilGd___u^^s-p^^^jj__of___ „ _ _ PendivtgT e r r i t o r y Upto the During To ta l Upto the During " "Tota l
end of l as t the " end of the„ „ _ ^ SIPX&h -.>-.-» H°Il^il _ _ . _ — _ . - . • . _ . - , — JLa^_m£:nJknA.mJ2,riihjU ^ _-
! • « ...... _2JU ...,.. _ „ «. ,?.•-. «. - £• ^ # - - 6 J . 7 A •£• 9 J . IO.. i i A , X2-s-
1 f c Qil iar- . 39 27 - 27 12 3 3 . - 3 -
2 . Gu ja ra t 5 4 -s- 4 1 1 1 -^ 1
3 . KG r a i n 0 - 8 , - 0 - 2 2 - 2 -
4. i^adhyn Pradesh 23 23 ' •«• 23 5 4 ^ 4 1
5. f ' lahoroshtn 16 16 ' r 16 2 1 ,. 1 1
6. Hani pur 4 4 - 4 - . 1 1 * 1
7. Orissa 4 4 - 4 - _ _ ^ • ».
0. Punjab 42 41 •* 41 -1 11 9 9 2
9. Rcjasthan 20 16 - 1 6 4 -
10.Tamil Nadu 17. 1 7 . - 17 - 11 9 - 9 2 .
11 .Ut te r Pradesh 29 27 - 27 2 8 5 ~ 5 3
i2 .Arunachal Pradosh 1 _ 1 ' " •» 1 •*• 1 1 ^ 1
13.Goa,Daman & Oiu 2 2 - 2 - ^ ^ . ^ ^ „.
14.Pondicherry 1 1 - l - ' # - ^ - _ _
TOTAL: 211 . 191 - 191 20 45 36 - 36 9
- 67 -
STATEMENT - IV
GENERAL ELECTIONS, TO LEGISLATIVE ASSEMBLIES, • 1 982
Number of e l ec t i on pstition.s_,fjLle.c!.«.. disposecL_g_fLJ pendinq in__th£""High Court and A_ppeals i n the Supremo Court.
- (As on 31.7.85)
.*No7 "Na'me"-of S*ta"t.e/"~ E'le'cFion'^Potitions i n thf i H'iiqh"'Co_ur'tsi "Appeals' .Tp7"tlTe~Sap^en:i'e"**Co'ur't"" ""Union Filed Diisiuf3qs.e"^*ofi l er>*di*nQ F i l o d Disposed of PondTinQTerritory Upto the During Total Uptp the During Total
end of the end of the_ _ .,>, _ .-. „ . - _ » " « . _ l ^ . s i £loi2^i2 HL°ILtJh _ „ » « _ „ . _ ^ .„ . Js^t^m^on^h^m^anth,.^ „ . „ . _ „ ^
2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 1 0 . 1 1 . 12 .
. Himachnl Pradesh 12 12, - - 12 - 5 3 - 3 2
. Haryana 27 27 - 27 17 13 13 4
, 'Kera la ' . 15 14 - 1 4 1 4 4 _. 4
, West Bengal 8 3 * 3 5 - - - - • -
, Nagaland 4 3 - 3 1 2 1 - 1 1
TOTAL: 66 59 - 59 7 20 21 - 21 7
- 6-8 - 'STATEJCNT.M/
GJ-NERAL ELeCTI_ON TO THE LEGISLATIVE ASSEMBLIES. 1983
l-y^ipPJ of e l e c t i o n poA4JLlgiLS.jLll.sd, djjsjjjs^ectjxf.A....pgndijiQ i n t_he_"Hi'gji Courjbs._and /V ;p.eaj-_s i n . .the 5up.rjrog_.jjo.u_r,t_.« • "• •- '
(As on 31,7*85)
'S.TJoV *Narria"""*pf "3 t a t " / * " Tlgct | io"n"P^t i t i o ns i"n t"ho Tij"Qh"*C"ouVts Aj.go'aXC^-H /fch^_S\jpVomQ1 CoZvt *" ""Union Fi led" n ~*pTFjosnp.d of Pending F i fod Ujsppsed of ^PendirtnT e r r i t o r y Upto'lbhe -During To ta l Upto the During T o t a l
and of tha end of tho„ • «» _- ™^£si £1°H J3 jnqjitjn „ „ „ . „ , _ „ „ _ „ ' _ . i ^ t ^ m ^ n t h_>-miont>h
1 . 2. 3. 4. 5. 5. 7 . 0. 9, 10. 1 1 . 12.
1 . Andhra Pradesh 39 34 - 34 5 11 2 • - 2 9
2» Acsarn 6 1 - 1 5 - - - - - - -
3. Damrnu & Kashmir 76. 10 1 11 65 ' -
4 . Karnqtpka 22 20 - 20 2 4 - 4
5. rioghalaya 5 4 - 4 _ 1 - - . _
6. Tripum . 4 2 ' . - 22 - -
7. Dolhi 14 4 - 4 10 1 - - . - 1
sTOTSL: 166 75 1 76 90 16 2 - 2 14
- 69 -STATEMENT-MI
GENERAL ELECTIONS TO HOUSE CF THE PEOPLE, 1934,
Number of election petitions filed, disposed of, pending in theHigh Courts and appeals in the Supreme Court. .
(As on 31.7.85).
sVTJoT *Na"me~oT "sta"t~/**"ETe'ctTon Petitions in the High CoUrtsT Xppeals in""th'e~Sup7e'me"*"c'o"u7tT ""Filed Disposed of Pending Filed Disposed of Pending
Upto the During Total Upto the During Totalend of the end of the
__ __ __ last month__month _ „ „ _ _ .last mo_njth_ J2o_nth _ ' "~1I Z 11 . Z 1 Z4ZI I5_ I Z Z6 !_Z!Z~.ZI____ i°Z Z .SI 111 . Mndhra Pradesh 5 - ' • - - 5 - - .- - -
2.. B i h a r 5 • - - - 5 - - • - - . • .
3. Gujarat 2 - . . - 2 - - - - - '4 . Haryana 2 1 - 1 1 • -
5 . Oamfnu & Kashmir 1 — — - 4 - . - . « . . • . - • «
6 . Ka rna taka ftarnata-ka - - 1 * - •<• — -
7 . K e r a l a 1 - - - 1 - ' • - - ; ^ ' „
0 , Hadhya Pradesh . 2 - - - 2 - - . • — ^ « »
9 . Maharash t ra 2 - - . - 2 - - . _ . «
.10. O r i s s a 1 - - - 1 - - - - • -
1 1 . U t t a r P r a d e s h 1 5 4 - 4 1 1 1 - . - - 1
12. LJest Bengal . 6 - . •' - - 6 - • - •«*• ^ -»
13. Lakshadueep - 1 - - • -. 1 - - - — - '
14.^ Dadra & N. Uaveli 1 4 - 1 -• -1 . - - 1
15. Delhi - . 4 - - - 4 - ^ '*..'•TOTAr: 4*9 "" ~ ""6~ -"" ~6 43 " j - - - - - ~ - j- - -2~ -
- 70 -
STATEHENT-l/II
GENERAL ELECTIONS TU LEGISLATIVE ASSEMBLIES, 1984.
Number sf elections pet i t ions f i l ed ? disposed of, pending in__thg_'High Courts and appeals in the Supreme Court,
(As on 31.7,85),
5. No. Nam3 af Sta"te/~" Election Peti t ions in the Hi'q'h Courts. Appeals iT? The ^upr'amo' jfculr't'. *~Union Filed Disposed of _Pending Filed^ ^ _ Disp*o"s"e"d o f PendingTerr i tory . ' Upto the During Total" Upto the DyrTng Total""
fend of the end of thelast month month last month month
I1Z II2IZIIIIIIIIII-IZI5III Z6Z ZZIZZZIZZZ2ZZZ 1°. Z VZ Z Z I2Z1« T a m i l Nadu 5 - - - • 5 -. - - - • - •
2 . Manipur ' 4 • - . - •- ^ . 4 - . „ «. _ _
3 . A r u n a c h a i Pradesh 1 — — - 1 — _ - - _ — .
4 . Gca Jo man & u i u l - . ' • - . - 1 - . « _ _ _
5 . f ' l izoram 1 - - - 1 _ , « - _. «
T U T H L : 12 - - - 12 - - - • -
- 71 -STATEMENT-MIII
GENERAL ELECTIONS TO THE LEGISUTIVE ASSEMBLIES, 1985,
Number of e lect ion pet i t ions f i l e d , disposed of, pending i n theHigh Courts and appeals i n the Supreme Court, . •
(A3 on 31.7.85)
S.No. Name of 5tate/"""ETec"tion Petitions in the High" Courts Appeals in the Supreme" CTou'r't'* ""Union Filed Disposed of Pending* Filed Disposed of ^Pending
'Territory. Upto the During Total Upto the buring Totalend of the . end of the_las_t__fti£n_th__m£nt_h __ ia£t^_m£nt.h__ J2°.ntfi.i_ _
_ i - _ ™2~ 2 4 _ . 5_ ™ „ -,6 „ 1 . 3 , , _ ..„ _ 9 _ 1.0 1J _ ~121 . Andhra Pradesh 17 - - - 1 7 - . » - - •
2 . Bihar 45 1 - 1 44 - ^ . ^
3. Gujarat 9 - . ~ - 9 - . -. - „ _4 . Himachal Pradesh 11 - - - • 11 - ' .. . ,
5. Karnataka 26 - - ' " - 2 6 - - - - «
6. Maharashtra 26 - 1 1 25 - - ' - .
7. Hadhya Pradesh 54 1 1 53 . - -
0. Orissa 3 - » - 3 - - - -
9. Rajasthan 24 . - - - 24 - - - -
10. Sikkim 2 - - - 2 - - - - -11. Uttar Pradesh 74 1 1 2 72 - - -
12. Pondicherry 1 - - - 1 - - . _
TOTAL: 297 2 3 5 292 - - -
i • , •
- 72 -
SJATEflENT 3H0U-ING PER IO£S^jj£«JJJ^CH -EJ^CTI£l\l t >JJJJX~ J -1.1". X 1£
(.is on 3 1 . 7 . G 5 ) .
Name o f "Sta te / " " Less" "than * EFetu'cTeTf-i ~"bo"tui"oc'rf" Ev>G'tua"\/n "" i-,uc-r~4n Yn- r 1-? ? -^ ^,-4 Y ^ - r s i
„ _ _ _H£Andhra Pradesh 22 2Assam — —
Bihar 49 2
Gujarat . 1 1 -
Haryana ' 1 2
Himaehal Pradesh 11 1
Jamfnu & Kashmir 1 —
Karnataka 27 2
Kerala 1
Mndhya Pradesh 55
Maharashtra 27
Clanipur 4 -
Meg ha laya - -
MngalandGrissa 9Punjab 1
Rajas than ' 24
Sikkim ' 2
Tamil Nachj 5
Tripura , -
Uttar Pradesh 03
West Bengal 6
ArunachalPradesh 1
Delhi 4
Lakshadueep 1
Mizoram
Goa,Daman & Oiu 1
Pondicherry 1
Dadra,Naqar Haueli-
1
1
1
3
5
5
10
1
/erjrs. years(l_f O L* I lu *.
- 65
2 2 -,
— — 1
- 15
1
1 1
SC
1
1
2
T0TAU346 16 27 14 72 1 3 26an appeal psntiing For more than 13 years re la t ing to 1972general e lect ion.
- 73 - ~ .
CHAPTER -U
UAJ^A]^'STATBWT
At the end of July'BS there, existed 33 vacancies
in the House of People and 2 vacancies in the Council
of states. In the Legislative Assemblies of •
various States there existed 21 vacancies whereas i n
the leg is la t ive councils of states there uero 132
vacancies. A statement shouing detai ls of vacancies
is given in the fol lowing pages1.
- 74 -
A3STRACT-I
Tqta 1 ..j-yjrnber_ of sjl^ts^Jj^Cj^-HT^JJ^ jxf_.
S.No.Name of State/ Council of State L^ - . , . , . ^ , ^ ^Union ' T o T a i V a c a n t Total" l/ace.ntjTerr i tory . C R ' c" R
I.Andhra Pradesh 18 -2:»Assam 7 " * " * " " * " *3:..Bihar ' - , i "" ~ ~ -4.Gujarat \\ ' ~ " 9 6 - 345:.Haryana ' 5 I " " " *" ~6,Himachal Pradssh 3 I I " " "7.3ammu..& Kashmir 4 7 Zc ~S.Karnataka <,? 1 I6 1 89.Kerala % ~ 6 3 - 21
,, - Pradesh 16 «.11.Maharashtra 1Q • ' •"12.,.Manipur \ ~ 7 8 '813Lneghalaya 1 *" ~14, Nagaland t 1 " " " • "iS.Orissa -jg " " - . " " " "* *"16* Punjab 7 I " " " " * "17.Rajasthan in "* " •
19.Tami l Nadu 18 63 - 2120,.Tri,pura 1 - ~ - - -21 .U t tn r Pradesh 34 1 ' - 1 0 8 - 3922.U)8St Bengal 16 - - -UNION »TERRITQ,RIE:S; '1.Andaman '& Mi;i"slands '1 _ _ _2,Arunachal Pradesh - - - ~ , ~3.Chandigarh - - -, ' -4.Dadra & N.Haueli - ' - . -5. Delh i ' '3 -6...Goa,Daman & Diu - -7:. Lakshadueap - . « . , - « - . . -8.Mizor3m 1 - _ » - - . -9,Pondicherry 41 - - - - ~
7T:~":~~"~* "*. 7 ~ . . ? ! 5 T T C '• ~32~*7 1~ T~444 "T""^!^!!.C=Casual uacancies.R=Uacanci8s due to retirement. .NB:Details of vacancies are .3houn in the enclosed statement1.-
A
Tota l number,.Psople a_nd __Stand vacanc.i.es
5.rJo• flaroG of S ta te /* P * ^ 1 W V _ » ) P < " V - • I I I ' — W > _ — f
UnionTerri tory
1 2 „
1,An-dhra Prpdesh2»Assam3.Bihar ..4 , Gujarat, ,5..Haryana6,Himachal Pradesh7»3ammu & Kashmir8,Karnataka9,Kara la10,Madhya Pradesh11*Ma harashtra1 2;. Ma n i pur13,Megha'laya14:. Nag a land15'*0rissa16, Punjab17,Rajasthan18,Sikkim19»Tamil Nadu2O.Tripura2l»Uttar Pradesh22;,Uest BengalUNION TERRITORIES:
- 75 «-BSTRACT- I I
"a±e ' iVr'i's'J ai
rfouSB of tTotal
3
4214542610
46
28204048
221 •
2113
. 251
392
8542
1.Andaman & N*.Islands 12#Arunachal Pradesh3« Ch?i ndigar-h4,Dadra & N.Haveil5., Delhi-6, Lakshadueep7.Goa,Daman & Oiu8... Mi z or am9mPondicherry
• T OTA L
21171211
542
t he Houpbiv/G Asse
(j\s oj) 31
I/a cant
4
141
-—--------
• . . .
i13
1-mm
mm
1' 1
_
-1
-
3"3
mbliGthe.!S
7 1 985_)
Tot a J
5
294126324182
9068
'76*224140320288
606060
147117200
32234
60425294
-30
- i
—
303030
3997
L Uscant '
' S1
171-
' ——wm
1—1
-
—--—
-
1
—--
M M
* •
**m mm i M< m m'mtm • • • « " • »
Note: Uetails of vacancies are shown in statement enclosed,^Excluding. 24 seats ear-markad for Pakistan occupiedTerritory,
^Metropolitan Council Constituencies.
VACANCIES IN PARLIAMENT AND STATE LEGISLATURES •
' (As'on 3 1 . 7 . 1 9 8 5 )
"flame' "oFTtaTe'" ""~"~~Nd. of "*TT5*.""and'"Na'rne"* "Tause "of uacancy~"""~Da'tV~oT Uate"'oF V[emarks""^"seats of Constituency. vacancy pollvacant
> n - _ _ — 2""*"*"" "' - 3 . '. ~~~~~~~~~~.^A • ~~~~~~-~-"s" '-~-7 "T"TT~T7"7 ~~ "^g£^|ffg|M^Qr''* j--7~'-'-"- * . (TOU¥CTL ,.Qf_Ti|Tg5| • • • . . • * * .I.DamrnU & Kashmir 1 By members By retirement 10.1.84 -
i
CPiSJJALJ^AG, A f ^ E S • • ' • - • • •
I.Uttor Pradesh 1 By members Resignation 14y5.85 - -
, • HOUSE OF THE PEOPLE \ x
" ™ t * * ™ ' ™ " ~ " — — • • - "-••* •"• • " \
1.Assam . 14 All the 14 General 31.12.84seats arc election,
. vacant . not held* . -
2.Bihar 1 23.Kisanganj Death , 2.7.853.Punjab ' -~ 13 All the 13 General 31 12 84 -
seats are Election * * ,vecant not held
4.0rissa 1 B'.Kindrapara Resignation 25.3f85 - -
S.Rejasthan " 1 3'.ChurU Death "-'22.6f85
S.Uttar Pradssh 1 5!.Bijnor(SC) Death 16.5.85 - -*
7.Uest Bengal 1 41.Bolpur Daath 5.5.85
8.Delhi 1 15.Delhi Death 31*7,85 - -
- 77 -
I.Bihar 34 Patna L.A. . Retired 11 members retired - Information regardingNalapda^.L.A. on 6.5.78,11 members • constitution of localGeya L.A. retired on 31.5.80 r bodies(Members ofAurangabad L.A. and 12 members rstired uhich constitute theNauada L.A.. on 6.5.82. electorate of localBhqjpur L.A. •' , authoritiesRohtas L.A. •. constituencies),Saran L.A. awaited, from theS.iuan L.A. , Chief ElectoralGopal Ganj L.A. . . • • • Officer1.East Charnparan L.A*Uest Champaran L.A.Fluzaffarpur L.A.Vaisha It .L.A.Sitamarhi L./\. •Darbhanga L.A..Madhubani L.A.Samastipur L.A.nonghyr, L.A;«Begusar^i-cum-Khagaria L.A.Bhanalpur L.A.Pur.oea. L.A,.. ^Katihar L.A'»Sant'halParganas L.A.(2 '.ssfcts)"Hazaribagh L.A,Giridih L.A. -*4
Ranphi; L.A. {?. seats)Pa la ma u L.A.. -.Dhanbnd ,'L.A*Singhbhum L.A. (2 seats)Madhepura L.A»
" - 78 -
3 . 3 a m r a u & B By MLAs ...' ..' . . ' . • '6 Kashmir Tahsil Kargil Retired 5.9,84
(1 seat)
Dammu Province( 4 seat) Retired 11.9.84
Kashmir Province(3 seat) Retired 11.9.84 - -^
• 4.Karnataka 21 BidarUA. Retired 7 members" ' Cettain local bodies' .:_uiDaroa L.H. retired on " yet to be constituted^.Bijapur UA. 1.7.78, 7Belgaum UA.. membersU t t a r a ^ r s t i r 8 d o n ••/ _, • n 14.5,80 andKannada L.A-. • „ ' ',n, • . 1 n 7 rrsemoers
Raichur L.A.Bellary L.A. .Chitradurga L.A..Shimoga L.A. -Dakshina L.A.Kannada L.A.Chickmagalur L.A. ;Hassan L.A-.Tijmkur L.A.Mandya L.A.Bangalore L.A.Kplar L.A.-Kadagu L.A-.Mysore L.A. ;
- 79 -
— '~~r~~~~~~~T~~ -•• a 'lTr~~~'''~"'*'~~~~"~3r—~~~"'^'^"~~—~g~ — - ~ - ~ — ^ ^ ^ ^ . ^ ^ ^ . . _ _ ^ .5.Maharashtra 8 Nasik U . I Retired 7.7.82
Pune L.A. AOsmanabad-cum &
Latur-cum-Beed. L.A.I „ „ « * • , " U B 5 V TRurangabad U t . • I exiatance of local bodiesParbhani L.A. I .. u 1 ^ 0 1 3 1 ^ a 8 t l o n s c a r t t bQ
Raigad-cum- " ' X " • • held. . - ; ' • ;Singhdurg -cum- X R e t i r e d 27.6.84 - -do-Ratnagiri L.A.Sangii-cum-Satera L.A. 'Arnravati L.A.
S.Tamil Nadu 21 Madras L.A. Retired 21.4.74 - Reconstitution of the MadrasCorporation(the members of
• : which constitute the electornte)is auaited.
_ • y
Chengalapattu L.Ai Retired 21.4.76 - Reconstitution of Local BodiesCoimbatore*- t auaited,Nilgiris L.A. j(2 seats) \ \Madurai L.A. j(2 seats) jTirunayeli L.A. ](2 seats) \ ' 'North Arcot L.A. Retired 21.4.78 - «-do*«(2 seats)South Arcot L.A.(2 seats)Tirunchirapaily-Pudukkottai L.A. [(2 seats) ;Kanyakumari L.A. .
- 80 -
Tamil Ncdu Thanjavur L.A. \ Retired 21.4,80 '. - Reconst.itution of Local Bodies(2 sests) I awaited.Salam-Dharampuri(L.A.(2 scats) I 'Ramanathcpuram \L.A. (2 seats) \
7.Uttar . ' \ .-. Pradesh 39 Tehri' Garhual L.A. Rotirod 26 mombers - Reconst.itution of Local Bodies
Garhual L./u re t i red on awaited.Kumaon L.A. 5.5.80 andFloradaba.d- 13 mQrr,bers ,B i j n o r ' L . A . r e t i r e d onR.'mpur— . . . . . 5.5.02*Bare i l l ey ! L .A .Badaun L.A.P i l ibh i t - 'Shahjchanpur L.A.Hcrdoi L.A.Khori L.A. .Sitapur'L.A.Lucknou-UnnaoL.A*Rao Bareli L.A. -Pratapgarh L./\.Sultanpur L.A.Bara'Banki L.A.Bahraich L.A.Gonda L.A. .Faizabad L.A»
; Basti' L.A.Gorakhpur -L.A«Daoria L.A-. •Azamc.arh L.A».Bal l ia L.A. • <Ghazipur L.A.
- 81 -
Uttar I- Daunpur U A. Retired 26 members - Rsconstitution of Local BodiesPradesh feanasi L.A. retired on awaited.
^ " z e p u r U A . . . 5 5 a 0 a n d -Al lahabad L.A. - - 1 3 m G f n b e r s
Banda-Hamirpur retired oni:;A* . -, , 5.5.80Jhansi-Jalaun-Ls l i t pur L.A.Kanpur—Fatohpur L.A.Etauah-Forrukhabad L.A.Agra L.A»Mathura-EtahHanpuri L.A.(2 sqats)Aligarh L.A. - .Bu la nds ha hr L.A.Fleer ut~Ghazi abad L, A.Pluzaf f arnanar-Saharanpur L.A. . .
JC A S jUjfvJ-^JUVA i CA - NC p I _ES i -•• ••- - - ' •p a * u & 1 By Kashmir Regd* 11.6.33 Panchayats in KashmirKashmir Panchayat prouinco hauc not yet
been cons t i tu ted .
- 02 -
I.Assam 17 32.Bongaigaon '!. . p o l l 27.2.83 - -34.Abhayapur North adjourned35.Abhayapur South on,
(SC) 17/20/2/8365«Kalaigaon
66«Sipajhar ^71.Dheklajuli72.Barchal75.3ootoa
33,Bijni • P"oil Electionadjourned countor-on . • manded17/20,2,83 _ on 3.9.83
76.Bisuanath - Electioncountermanded •*
• • • . . - • ' o n 1 5 , " . 8 3 .
77 f8ehali Poll78,G.qhpur adjourned81 .Lalariqhat on - - -99.Rajuli(SC) 17/20/2/83
118,Duliajon119,Tingkhong12O.Naharkatia
2.Bihar 1 120 Fladnopura Death 8.5.85 - -
- 83 -
=~f~-»-
lU &
Kashmir
3 u-
48,Doda Declaration on 18.4.83 ofrGsult uas cancelled andrepoll ordered in 16polling stat ions videCommission's orderdt.22.6.1983.
18.4.83 ~
4, Kerala 1 m.Ronni Death 22.3.85 -
~ L_j_z__7 T-Z-Z.The Commission's orderdated 22.5.83, cancellingthe R.0*9 declarationof result and directionof repoll in 16, p»9? uasstayed by 3&K High Court on29.6.83 in urit petitionNo/291/83. On appeal by theCommission the SuprerreCourt- vacated the HighCourtis stay order on19.7.83, and directed thsHigh Court to disposeof tha urit petitionexpeditiously. The HighCourt decision in the uri.Vpetition is still awaited.
5..Uost' ,Bengal 1 , 51.Aurangabad Death 7.6.85 -
- 84 -
CHM/TER-WI
COMMISSION'S VIEWS. ON CERTMIM HSPECTS GF ELECTION.
During the month of Duly, 85, Commission's
views on prospects of Holding e lect ions i n Assam &
Punjab, e l ec to ra l reforms and rev is ion of e l ec to ra l
r o l l s of Assam appeared i n £ sect ion of the press.
The re levant press-c l ipp ings are being reproduced
i n f u l l i n the fo l lowing pages.
*- 85 •
EC SEEKS VIEUS ON PUNJAB ELECTIONS
The Election Commission has sought the views
of the Cantrs and the Punjab .government for their
assessment for holding parliamentary and assembly
elections in the state.
The Chief Elaction Commissioner, Mr. R.K.Trivedi
said here'today that he wrote in this regard to the
Punjab government and the Union home ministry on
June 26, the day the five year term of the state
legislative assembly expired. He also wanted to know
whether President's rule would be revoked before
October 5.
Under the. Constitution President's rule could
not be extended there after that date, he added.
fir, Trivedi has also suggested to the Punjab
government to consult political parties in tho state
on their view on holding elections,
fit, Trivedi said the Election Commission was
in favour of holding the assembly and Uok Sabha elections
simultaneously. It needed 42 days for holding
the poll. Although it was the final authority in
fixing the election schedule, it had to be informed
whether the government wanted to hold elacti,ons»
taking in view the law and order situation. The
Electioa Commission was ready to hold the elections, as
the electoral rolls were ready, he added.
About holding Lok Sabha, elections in Assam, he
was hopeful that the final electoral rolls of all 126
assembly constituencies would ba published by the
middle of August. Asked whether assembly elections
would also be held there, he said it depended an the '.
agreement to be reached between the government and
the agitation leaders.
Meanwhile, tha Election Commission was consulting
legal experts on the constitutional position of tha 17
assembly constituencies in the state where polling
could not be 'held because of the law and order
situation,he said«
Mr. Trivedi said in some parts of the 17
assembly constituencies, polling was held on ttie basis
of the 1979 electoral rolls. Polling was, however
later abandoned because of the law and- order situation.
It was yet to be decided whether fresh election
there would be held on the basis of the 1979 electoral
rolls or the revised one,. The Election Commission
would abide by whatever agreement was arrived at
between the government and the agitation leaders, he
added.
Contd...
- 87 ~
Meanwhile, he has suggested to the government
that some issues should be accorded priority in the
agenda for the proposed mooting between the government
and representatives of political parties on electoral
reforms. These included measures to prevent people
with criminal records from contesting elections,
reduction of multiplicity of candidates, steps to
be taken to check booth capturing, delimitation of the
constituencies without increasing their number and
rotation of reserved seats for the scheduled castes
without reducing their number.
Times of India,New Delhi,4.7.85.
- 88 -
•POLLS IN ASSAPI ONLY AFTER SEPTEMBER1
Parliamentary elections in Hssam uill be held
only after September, the Deputy Election Commissioner,
Mr. V.Ramakrishnan said in Nau/ Delhi on Monday, reports
UNI.
Mr. Ramakrishnan said since the monsoons in the
State uould last till September and the electoral rolls
were still being revised, it uould not be possible to
hold elections to the 14 Lok Sabha seats before
September, ' . .
Before finalizing the election schedule, the
State Chief Electoral Officer" would be consulted on
public and administrative convenience. The Chief
Electoral Officer had been asked to expedite completion
of the draft and the final electoral rolls, to which
there had been no resistance from any quarter so. far, he
added.
Draft electoral rolls of 124 o_ut of a total of
126 Assembly constituencies had been reportedly
published and all efforts were being made to adhere
to the deadline of middle of August for the publication
of the final electoral list, he added.
Asked about the pending by-election from 17
Assembly constituencies where polling uas adjourned
due to violence during the last elections, Mr. Ramakrishnan
said no dacision had be.en taken about them as yet.
- B9
About Punjab, ha said the Election Commission
was still awaiting tna State Government's reply
to its communication on.holding ©lections in the State
before the expiry of President's rule on October 5*
The State Government has been asked to consult the
political parties and others concerned about conducting
elections. If the reply comes before August second week
it would be possible for the Election Commission to hold
elections there, it is learnt.
The Statesman,, Delhi,16.7.85
- 90 -
EC ASKS CENTRE TO CONSULT OPPOSITION ON PUNJMB POLL
The Election Commission has asked tha Union
Government and the Punjab Government t^ consult
opposition parties before deciding whether the
situation in the State was conducive for holding
"peaceful and orderly elections".
The Commission's communication was sent on
26 June, the date when the term of the Punjab Assembly
expired.
The departure from the established convention
of leaving it to the Government to decide whether the
situation in a particular State was good enough for
holding of free -and fair election has been given up,
according to Election Commission sources, because of the
"peculiar situation prevailing in Punjab".
It is imperative that all political parties -
there are agreed to holding the elections, a Commission
official said, "Ue most certainly do not wish to
repeat an Assam", he added referring to the orgy of
violence the State had experienced in 1983.
In ttie case of Assam the officials say, the
commission had no choice at all as the term of the
President's Rule was expiring and the Government had
not spoken of renewing it by a institutional amendment.
However, the Prime Minister himself has spoken of the ,
Constitution being amended in the case of Punjab if the
- 91 -
situation in the State does not improve onaugh for
holding the polls, -
Deputy Chief Election Commissioner V. Ramakrishnan
said on Wednesday that the commission would require
between 30 and 40 days' notice for holding elections
in Punjab, The intensive revision of the roils had
already been carried out there and all that the
commission was nou waiting for was the Govsrnment to
clear the polls in the State from the law and order
point of view.
Mr. Ramakrishnan also said that the commission
had published the draft electoral rolls for all but two
of the 126 constituencies in Assam and added that the
remaining two constituencies}3raft rolls would also be
published before the end of this week.
The finalised electoral rolls, after disposing
all claims and objections, had already' been published for
21 constituencies, Mr. Ramakrishnan said. Eighty more
CD nstituencies would also have their finalissd list soon
as the last date for filing claims and objections in
their draft list had expired some time back. If the present
pace of work went on, Mr. Ramakrishnan said,
the finalised list for all the 126 constituencies in
the State would be available by the middle of August and
the Government willing elections to tho Stats assembly
could bs held within 30 to 40 days after that.
Patriot,New Delhi,18.7.85
- 92 -
GOUT. ^LHNNIJ^^U-L~p/iRTXNEETON POLL
The Government is planning to invite: political
parties for a discussion on electoral reforms, the
Chief Election Commissioner, Mr. R.K.Trivodi said
here today.
The Election Commission had sought the
comments of major political parties on its views on
electoral reforms. On receipt of the comments from
the parties, the Commission would examine and forward
them to the Government along with its observations.
So far the Congress (s) and the B3P have replied
to the Commission giving their stand.' Reports have
appeared about the views of the Lok Dal, Danata and
the CPI.(Fl),
Hr. Trivedi said the Commission would forward
the views of the political parties to the Government
so that there? ciuld ba a free discussion during the
proposed all-party meeting.
In reply to a question, Mr, Trivedi said there
was nothing more the Commission could do at the
moment, within the existing powers, for electoral
rsforms. Certain things within the Commission's
powers had already been implemented.
Expressing tiappiness at the Government withdrawal
of ban on company, donations and the enactment of the
anti-defeqtiop law, he said these were two major
recommendations of the Commission,
- 93 -
Time ripe for delimitation: Mr Trivedi felt that
time was ripe for delimitation of'constituencies in the
country. In the past fsu yaars innumerable administrative
changes had taken' place and new districts and taluks
had come up. This had resulted in overlapping of
several constituencies.
The Chief Election Commissioner said .'
industrialisation and urbanisation in the last 10
to 12 years had resulted in movement of population,
as a resultf while in some constituencies the population
was 13 lakhs in some others it was only three lakhs.
There had to be some uniformity,
Mr. Trivedi pointed out that the earliest Assembly
elections were due nou only in.1986 in Haryana and West
Bengal. There uould be enough time for the political
parties to get to know the newly delimited constituencies*
An amendment to article 170 of the Constitution
uould be required to effect delimitation of the
constituencies. PTI and UNI«
- 94 -
.' A5SAP1 DRAFT ROLLS .PUBLISHED
The draft roils of tha 126 assembly
constituencies in Assam have been published fur
the purpose cf holding parliamentary elections.
The Chief Election Commissioner, MR. R.K.
Trivedicaid today that efforts were underway to
publish the final rolls after disposing of claims
and objections by the middle of august so that
the elections to the 14 parliamentary constituencies
could, be held after the monsoon which lasts there
till the end of September.
Expressing satisfaction at the progress of
the revision of the electoral rolls, he said 4,50,000
claims and 3,50,000 objections had been dealt with .
by the electoral officers.
In reply to a question, Plr. Trivedi s aid the
law and order situation administrative convenience,
availability of the central police fdrces, local
festivals, agricultural operations and other factors
uould be taken into consideration before finalising the
poll schedule. The state government would be
consulted on the factors, he added.
The programme uould be finalised only after
publication of.the entire electoral, rolls, he added.
Regarding the state assembly elections, he said
it would depend on the decision of the government.
i • * *
Times of India,New Delhi,23.7.85.
- 95 -
CHAPTER-Vir
(A) Biennial e lect ionto the Cpuncil
A vacancy occured in the Council of State
to the retirement on 27,7.83 of Sh.A/. P.Munnusamy
an elected member representing the Union Territory
of Pondicherry, The biennial election to f i l l the
seat could not be held as the Leoislative assemblywas
uas dissolved on 24,6.83 and the territory/under
the Presidents rule,- After the new assembly came
into existence after general election held in ivlarcht8^>
the Commission decided to hold the biennial election to
f i l l the vacancy and recommended to the President of
India to issue a notification under section 12 of
the Representation of the People Act,1951 calling upon
the elected members of the Legislative Assembly of
Pondicherry to elect one member to the Council of
States , Accordingly notifications were issued by the
President/Commission on 20.7,85 notifying the following
programmes
(i) Last date of making nominations: 27,7.85(Saturday)
(ii) Date for scrutiny of nominations: 29.7.85(Monday)
(iii)Last date for withdrawal of 31.7.85candidatures': (Wednesday)
(iv) Date on which a poll, if necessary 7,8,85was to be taken (Wednesday)
(v) Date before which election 9.8.85uas to be completed (Friday)
- 96 -
The hours of poll were fixed as from, in a.m. to
2 pm.
The Secretary of the Legislative Assembly of
Pondicherry and Deputy Chief Electoral Officer and
Ex-Officio Secretary to the Govt.(Election)Pondichsrry
were appointed as Returning Officor and Assistant
Returning Officer rasoectively for the biennial
elections.
There uere two validly nominated candidates.
One of them withdrew from the election fray leaving
Sh,Narayansamy of Indian National Congress as the only
contesting candidate who was declared elected un-
contested, A notification under section 71 of the
Representation of the People Act,1951 was ' published
on 5,8,85 in the Gazette of India. Hence, the term
of tho member will extend t i l l 4.0,91,
($ Biennial _ sleet ions to Maharashtra Legislative.,Council. flFom Local Authorities Constituencies,
16 vacancies existed in the Legislative Council of
Maharashtra due to the retirement of the members in
1980, 82 and 84. Thene vacancies could not be filled
as rnconstitution of local bodies which constituted
the electorate for these elections was awaited. The
Chief Electoral Officer of. Maharashtra intimatad to the
Commission on 15,5,85 that biennial elections to the 8
local authorities constituencies i . e , Dhule, Kolhapur,
Solapur, Ahmednagar, Nogpur, Akola-cum-Buldane and Bombay
(2 seats)could bd held and p roposed a programme to
hold the biennial elections. l/acancy of Dhule occurod
• 97 -
in 24.4,80, Kolhapur in 7,9*82 and rest on 27.6,84
except Bombay uhere tun seats fell vacant on 21.12,84,
The biennial elections for the other saats could not
be held alongwith this biennial elections as a large
percentage of electorate of local authorities consti-
tuencies i , e , Zila Parishad, Municipal Corporation or
Munispalities are s t i l l non-existent.
As these vacancies occurred on different dates,
these could not be clubbed together and filled by single
biennial election. Hence separate biennial elections
mere held though the election programme was common.
On the recommendation of the Commission, the Governor
of Maharashtra under Section 16 of the Representation
of the People Act',1951 issued a notification calling
upon electorate to elect member(s) specified against
each constituency.
The following was the programme to hold these •
biennial elections',
1, Last date for making nominations: 10.6',85(Monday)
2, Date for scrutiny of nominations: 11.6»85(Tuesday)
3, Last date for the withdrawal of 13,6.85candidatures: (Thursday)
4, Date on which a poll, if necessary 4,7,85was to be token: , (Thursday)
5, Dote before which tha elections 8,7.85were to be completed: (Monday)
uereThe hours of poll/fixed .-..• from 10,00 am, to 4.00 pm,
exdept for Bombay local authorities constituencies where
for the poll to f i l l 2 seats these were from 10,00am.
- 98 -
to 2.00 pro* subject to the condition that the rosult
would not b3 declared before 4.00 p.m. so as not to
effect polling in other constituencies.
The number of nominated candidates, those uhose
nominations uer rejected, volidly nominated candidates,
those uho withdrew their candidatures and contesting
candidates are given beloui
Name ofConstituency
1tfhule.
Kolhapur
So la pur.
Ahmedanagor
N-gpur
Akola-cum,Buldana
Bombay(2 seats)
filod 'nomina-t i on .
2T6
19
26
20
mm
9
nomina-tions UQTQrejected.
' 3-
1
15
n.a ,
3
-
.1
Candidates uho/£Jnose
Validly.nominated
18
11
-
17
22
8
• . . ! • • . 1 . . -
Uithdrew Cont.3sltheir ' tingcandi- candi-dature, date.
•~~T3~~
12
9
12
17
3
63
6
2
4
5
5
5
- 99 -
The poll UBS taken as scheduled and the following
candidates were declared elected;
*'*'"***** ~ N*ame* aP re l ec t ed cand ida te PartyConstituency
'"~~" 5 h . R aglnlv/anshT Batesing INCfauthority Kanhaiyalal.
2.Kolhapur local Sh.Dharawade Baburao INCauthority Abasaheb
3.Nagpur local Sh.Tejsinghrao Raje INCauthority Laxmanrao Bhosole
4,Solapur local Sh.Mano Brahmadeo INCauthority Krishnat
5«Ahmednagar Sh.Tekauado 3anardan : :'-:
local Yoshuantraoauthority
6,Akola-cum- Sh.Patil Uithalrao INCBuldana local Narayanraaauthority
T.Bombay local 1.Sh.l%nohar Gayanan IND(2 seats) 3osKi
2.Sh,Sudhir Doshi IND
Notification under section 74 of the Representation
of the People Act,1951 was published in the official
gazette of the Govt. of Maharashtra on 6.7,85, Hones
the term of members elected will extend upto 5*7.91.
(C) Bye^elejcti^ns^ toi the LeQislatiiwe[ Council
A vacancy occurred in the Karnataka Legislative
Assembly from Karnataka South-East Graduates constituencyupon • • .. ..
consequent/resignation of Sh.V.S.Krishna Iyer on 9.1,85,
Ther term of the member - would have otherwise
expirsd on 11.6.88. Before delimitation of council
constituencies (Mysore) Amendment Order 1983, the constituency
was knoun as Banglore Graduates constituency and was a
double member conctituency and consisted .only of Banglore
- 100 -
d i s t r i c t . After reds l imitat ion, Kolar d is t r ic t was
also included.in i t and i t uas named Karnataka South-
East Graduates constituency.
The Commission ordered revision of electoral
r o l l with 1.11,84 as qualifying date. The ro l ls as
revised afresh uero f ina l ly published on 10,6.85, I t may
be recalled that at the time Biennial elections to the
Karnataka legislat ive Council from Karnataka South-
East Teachers constituency held in 3une,84, in 'order to
avoid impersonation, a neu procedure for verfication
of signatures of voters on counter-foils of ballot
papers with those on applications made for enrolment
in the electoral ro l l s uas adapted on experimental
basis. The schema uas found feasible and uas aoplauded
by po l i t i ca l parties as uel l as candidates. Hence, the
s?me procedure to check impersonation uas adopted in
this bye-election too:,
.^P.l.lo^i n,Q, y,5'iSi the programme .f.pri the bye-election.:
Last date for making nominations: 5.7.85(Friday)
Date for scrutiny of nominations: 6,7.85(Saturday)
Last date for withdrawal of 8.7,85(lvlonday)
of candidatures: A
Date of po l l , i f necessary: 28.7,85(Sunday)
Date before which election 31.7.85(Uednesday)
was to be completed: '
Hours of pol l wc3TG fixed as 10.00am. to 4.00.pm,
Theres wera 12 validly nominated candidates and
8 contesting candidates. The pol l waa taken as schedule
and Prof, B.K.Chandrasekhar of Danta Party was declaredelected to f i l l the vacancy.
- 101 -
(d) Bya-e lectionVt o thg_ Lgjnj laj jjje_j j_£n h ly^
A vacancy occurred in the Legislative Assembly
of Andhra Pradesh due to the death' on 27*4,85 of sitt ing• • ( •
member from 100—Pattikonda assembly constituency, •
The Commission fixed the following programme to fill
the vacancy.
Last data of making nominatinns: 26.6.G5(Uednesday)
Date for the scrutiny of nominations: 27,6,s85(Thursday)
Last date for withdrawal of 1 ,7,G5(M'onday)
candidatures:
Data of poll, if necessary 2T.7.85(SUnday)
Date of completion of election. 24.7.G5(Uednesday)
Hours of poll were G an. to 4.TO pm.
There were G validly nominated candidates, 4 of
whom withdrew, leaving 4 contesting candidatss in the
election fray.
The poll was taken ns scheduled and Smt.Kuppa
Suhbrathnamma of Telugu Desam was declared elected to
fill the seat. The detailed result showing the
votes secured by each contesting candidates is
appended.
- 102 -
State : rt'ndhra Pradesh
Constituency : 180-Pattikonda AssemblyConstituency.
Electorate : 1,03,092
Valid votes polled : 66,719
Rejected votes polled : 1,238
1. -. Kuppa Subbaratnamma (E) TOP 38,780
,2, Shri R. Somesu/ara Reddy
Aiauaia v INC 25,934
3. Shri Sreedhara Sesha Sarma INQ 1,196
4. Shri K. Sekhanna IND 809
• 103 *
CHAPTER - V I I I
v
CHANGES IN THE ELECTORAL LAUS AND PROCEDURES
During hearing of the batch of transferred writ
petitions No, 364-82 of 1984 ( with CA No. 1219/79)
with CMP No. j99'!5/84» before the Supreme Court,
the Election Commission made the commitment that
in the electoral card, the word •elector1 will be
substituted by the word 'citizen*• In pursuance
of this commitment made by the Commission, the
revised electoral card substituting the word 'elector'
by the word 'citizen'was used in the current intensive
revision of electoral rolls in the State of Assam.
It uas clearly mentioned in the electoral card itself
that any person who makes a false statement or
declaration is punishable uith imprisonment for a
term which may extend to one year or with fine or
with both. It was also brought to the notice of all
electors that inclusion of name in the electoral card
will not automatically entitle the person to have
his name included in the draft electoral roll. The
Commission found that the revised electoral card did
serve the purpose it is intended for. The Commission
has, therefore, decided to use the revised form of
- 104 -
of electoral card for all intensive revision
of electoral rolls in. the entire country in
future. A copy of the sample of the ravisad
electoral card for use in future intensive
revision of rolls is being givsn as appendix
alonguith letter sent to Chief Electoral
Officers of all State/, Union Territories*
- 105 -
ELECTION COMMISSION OF INDIA
$ . 'Nirvachan Sadan1,Ashok Road,New Delhi-1.
No, 22/2/85/ ' Dated 16th Duly, 1985.
To
The Chief Electoral Officers of. all Statesand Union Territories'.
Sub:- Revised Electoral Card- Enumerationfor intensive revision of electoral rolls.
Sir,
I am directed to say that in connedtion u/ith
the hearing of the batch of transferred writ petitions
No. 364-82 of 1984 ( with CA No. 1219/79) with CPJP
No. 29915/84, before the Supreme Court, the Election
Commission made the commitment that in the electoral
card, the word 'elector' will bg substituted by the
word 'citizen'. In pursuance, of the commitment made
by the Commission, the revisad1 electoral card substituting
the uord 'elector' by the word 'citizen' and indicating
the penality for false declaration and also bringing,
out the fact of inclusion in electoral card will not
automatically entitle the person to have his name
included in the draft electoral roll, was used in
the current intensive revision of electoral rolls in
the State of Assam. The Commission found that the
revised electoral card did serve the purpose it
- 106 -
intended for. The Commission has, therefore, decided
to use the revised form of electoral card for ail
intensive revision of electoral roils in the entire
country in future. A copy of the sample of the
revised electoral card { in duplicate) is sent
herewith for use in future intensive revision of
rolls, I am to request that suitable instructions
may kindly be issued immediately to all the Oistrict
Election Officers and Electoral Registration Officers
in the matter. A copy of the instructions issued in
this context may kindly be forwarded to the Commission
for its information and record.
2. Uhile printing electoral cards kindly ensure
that tho cards are numbered serially, constituency-wise,4
or district-wise as may be convenient. The numbering
may be done by offset machines while printing or by
handnumbering machines according to the facility
available in the Press, Books or pads of electoral
oards containing 50 or 100 electoral cards may be
prepared for convenience of use and each Book/Pad should
be duly numbered serially,
3. As per the existing scheme, the electoral rolls
are prepared polling stations-wise and electoral roll
part number and polling station number is same.
Accordingly in the electoral card, identical number
is to be given for part number and polling station numbert
4. Kindly acknowledge the receipt of this letter
and i ts enclosure.Yours faithfully,
r Sd/-C.L.RoseUNDER SECRETARY .
- 107 -
STATE/UNION TERRITORY
BOOK NO. Electoral Card SERlHl NO,
Part No.^ _Name of Panchayat/
Block-/Village/CityLocality/
Municipal Uard No,if any.
Number of Constituency^Polling Station No.House No.
Names and particulars of adult citizensordinarily residing in the above premise?*
S.No* Name o? the Citizen F'atheFIs/Mo'the'rTs7^l'e "ofor Husbands Name Female
rApprx,ageon 1st Dan.,19
Total Number of adult citizens (in words)
I solemnly declare that the particulars given above aretrue to the best of my knowledge and belief and nono of henames mentioned, above has been included in the electoralroll for any other constituency.
I have received a copy of the above card wherein thenames of all adult citizens of my family have been recorded.
Signature of Enumerator(with date) Signature/Thumb impressionName(in full)^ of the Head/Senior memberCod© No. -»-*— o f t( e households,
; \ Name(in full).
x - 103 -
INSTRUCTIONS
Please check the relevant par^ of the e lectora lr o l l to bs published in draf t i nv i t i ng claims andobjections. In case of a mambar'Of the familyenumerated in th is card not finding his/her name inthe said draf t r o l l , he/she should file.; an ind iv idua lclaims under the law in Form 6 for his/her inc lus ion.
Any pt9rs-on who makes a statement or declarationwhich he either knows or believes to be false ordoes not believe to be t rue, is punishable undersection 31 of the Representation of the People Met,1950 with imprisonment for a term which may extendto one year or with fine or with both*..
C.HA . f t XREG 1ST RAT I ON A N D JjEJ^QGJ^ITji^
Goa Congress a political association formed in
September'OS applied for registration ss a oolitical
party in October f83. But i t uas advised first to
contest 'a general election nnd then approach the
Commission for registration. During the General
£lect ;ons to Lok Sabha and Legislative Assembly of the
Union Territory of Goa,Daman & Diu the sr-id organisation
uas granted preferance over purely independent
candidates in the allotment of free symbols to candidates
set up by i t , subject to the compliance by i t of paraof
•1 3^E-lection symbols (Allotment & Reservation) Order,1968.
The said organisation fought both tho General E
Elections to the Lok S-bha & Legislative Assembly of
Goa,D.aman & Diu and secured 17.35$ of valid votes
polled in the General Election to Lok Sabha and 15,61%
of tho valid votes palled in the General Election
to Legislative Assembly, (The poll performance of tho
said organisation is after excluding the valid votes
of such candidates uho uero not elected and who had
net polled at least i/i2th of the total valid votes
polled). The required percentage of valid votes for
getting a party registered under para 3 of the symbol
order is \% only and for getting a political oarty .
recognised under oara 6(2)(B) of that order is 4%,
Hence, tho said organisation ,,Goa Congress uas entitled,
for registration as uell as recognition as political
party under the provisions of the symbol order,1968,
- 110 -
The Goa Congress requested for reservation of the
election symbol. fTuo loaves on which i t had fought the
general e lections and u!\ich. uas a freo symbal in tho
Union Territory. After examining various documents
liko Membership register, Duplicate receipts issued
for membership contribution. Accounts books, Minute
books of meetings, Authenticated copy of the l i s t of
office bearers of the party, Manifestos of the party at
the Goner?! Elections, tho Commission vide i ts
Notification dated 1st Duly, recognised Goa Congress
as a state party in the Union Territory of Goa
Daman & Diu and reserved the sytnbol^wo leaves* for i t
in that Union Territory. A copy of the said notification
is appended1*
- 111 -
ELECTION COWMSSICiN OF INJIATo be Nau Dolhi.published inthe extra- Dated the,J.JiJi..^:1J:XjJJ^?^ordinary issue Msadha 10,i9d7("sJof the Gazetteof India Part II,Section 3(iii)immediately.
• NOTIFICATION
S.O.LJhereas the Election Commission-is satisfied
that as a result of its poll performance at the general
election to the House of the People from the Union
Territory of Goa,Daman & Diu and the Legislative
Assembly of ths said Union Territory, held in
December,1984, the Goa Congress-is entitled for
registration and recognition as a State Party in the
Union Territory of Goa, Daman & Diu in terms of
paragraph 3 and 6 of the Election Symbols(Reservation
and Allotment)0rder,1968;
And whereas the Commission has decided to recognise
the Goa Congress as a State Party in the above Union
Territory, and reserve the election syrnbol'Tuo leaves1
for the said party in that Union Territory.
Nou, therefore, in pursuance of clause(b)and (d)
of sub—paragraph(i) and sub-paragraph(2) of paragraph
17 of the said Symbols Order, the Election Commission
hereby makes the following amendments in its notification
No.56/84-1,dated tha 13th Navambor,!984,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 1 2 - x .•
(1) In TMBLE 2 of the said not i f icat ion against the
Union Territory of Goa,Daman & Diu specified under
column 1 of the Table, _for tha entry ' ffiaharashtrauadi*
Gomantak...»Lion',spacifiod in columns 2 and 3,
the following entries shall bo substituted; —
"1«Goa Congress ..Two loaves'
2,naharashtrauadi Gomantak • •'Lion11
(2) : In TABLE 4 of the said not i f icat ion, against the
Union Territory of Goa,Daman & Diu mentioned in column
1 thereof, the entry "20.Two Leaves" specified In
column 2 thereof shall be deleted.
The recognition granted to the above party is
subject"to the following conditions:—
(i)The party shall communicated tooths Commission
uithout delay any change in i ts name, head
off ice, office-bearers, address of office -
bearers and po l i t i ca l principles, pol icies, aims a
and objects and any change in any other material
mattars;^
(ii)The party shall intimate the Commission
immediately whenever any amendments are issued >
to party constitution alonguith the relevant ',
documents l ike the notice for the .meeting to
consider amendments, agenda for the meeting,
minutes of the meeting where the amendments have
been carried, etc. • . .
* 113 -
(iil)The party shall maintain all the -records
like minutes book, account books, membership '
registers, receipt books etc, properly;
(iv)The said records shall be open for inspection
at any time by the authorised representative-^)
of the Commission? and
(v/)The recognition granted shall be reveiuod
by the Commission from time to time.
/"56/84-XIV7
By order
Sd/~
(R.P.BHALLA)SECRETARY.
- 114 -
CHAPTER ~
PASSING AUAY OF SRI S . R. 5 ETH I , IJ NQ ER 5 ECR ETA-R Y,IN THE'ELECTION^OMMISSION OF INDIA.
We record u/ith deep regret the sad: and
sudden demise of Shri S.RiSethi, Under Secretary*
on 9th Ouly, 1985 of a massive heart attacks He
reached office on that fateful day as usual,! At
the entrance to the office, he complained of
pain in the chest and immediately was rushed
to the hospital where he expired. It uas
characteristic of the man that he attended office
even on the last day. The nous of his sudden
death shocked everyone of the officers and staff
of the Commission.
A condolencevmeeting uas held on the next
day; in the office in which the following
resolution uas passed after which all the staff
members present kept two minute's silence to
pay homage to the departed souli -
"The Chief Election Commissioner, officers
and staff of the Election Commission are greatly
shocked to learn of the sad..demise of Shri
S«R.Sethi, Under Secretary, Election Commission
of India. Shri Sethi uas admitted in the
I
m m
- 115 -
S3KK*3saSS«BBS^rrS
Dr. Ram Manohar Lohia Hospital on 9th 3uly,
1985 after reaching office and he could not
survive the heart attack and expired at
about 12.30 p.m. in the hospital.
Shri Sethi joined Government service
on the 2nd December, 1946 and he was due to
retire from service on 31st May, 1987. Shri
Sethi was a dedicated worker and he constantly
served diligently even at the cost of his
health. The loss of Shri Sethi is great and
the Chief Election Commissioner and the officers
and staff of the Election Commission offer
their condplense to the bereaved family,
"May Shri Sethi»s soul rest in peace."
The. office lias closed for the rest of the
day as a mark of respect to Shri Sethi.
Chief Electoral Officer of Tamil Nadu,
Shri O.K.Oza, IAS, sent a condolence message
on his own behalf and on behalf of his staff
members.
- 116 -
PRESS REPORTS ON ELECTORAL AMD POLITICAL SYSTEHS
During the month of Duly'85, roports/odltoriais/
articles op electoral and political systems of foreign
countries and othor matters of interest appeared in tho
press. The press rcports/editorials/orticles uhich ore
considered of special interest are being reproduced in
full in the following pages:
Name of N G U S - Date
Times of India, 1.7,05Neui Dolhi,
Hindustan Times: 4,7,85Delhi,
Indian Express: 5,7,05Neu Delhi.
Hindustan Times: 7,7.05Nou Delhi,
Amrit Bazar 7,7,85Patrika,Calcutta,
National Herald: 8,7,05Nou Delhi,
Patriot:Neu Delhi,
8.7.85
Topic
Regarding assassination ofPresident of the Republic ofPalau,under U.S.Trusteeship.
Regarding re-election of SriDaniel Arap Hoi as the Presidentof Kenya.
Regarding election of Sh.FrancesiCossiga as the President of I tal '
Regarding victory of ZimbaueAfrican National Union(ZANU)at the General Elections holdin Zimbaue.
Regarding General Elections inMexico.
Editorial on resignation ofSh.Madhavsinh Snlanki and electiof Mr.Amarsinh Choudhary asChief Minister of Gujarat.
Editorial on change ofleadership in tho State ofGujarat,
cantd.
- 117 -
Indian Express:New Delhi.
T£P.i.c.10.7,85 Regarding outcome of General
elections held in Zimbnuo,
Arririt Bazar 12.7.85Patrika,Calcutta, _
Hindu:Madras,
Hindu:Madras,
i j .
Ratriot;. '
11.7.85
10,7.85
•
18.7,85
Regarding outcome of Generalelections held in Zimbaue.
Regarding outcome of Generalelections hold in Zimbauo.
Regarding decision of DopanosoSupremo Court uhich held 1903General election unconstitutional.
Regarding decision of OapanesaSupreme Court uhich hold 1903General election unconstitutional.
Times of India: 25.7*85Nou Delhi.
Regarding/ruling of Supremo. Courtthat Govt, can dismiss Govt.omployeos uithout an inquiryunder a r t . 311(2)(B) of theConstitution,
The Statesman:Delhi.
29.7.85 Regarding aloction of Mr,AlanGarcia as the President ofPeru.
- 113 -
PRESIDENT 0F,i PHL/,iJ SHOT
President Haruo I Reineliik of the western pacific
island rspublic of Palau was shot doad at 12.40 a.m.
(8•12 p.m, 1ST yestarday)today, and a galauan uas
arrested in the slaying, officials said,
Mr.Remeliik in his second term and the only elected
President the U.S.trusteeship has known, was shot four
times as he walked from his car to his home in the
capital city of Koror, said the presidential assistant,
Mr.Bonifacto Basillus.
The vice-president,Mr,Alfonso R.Oiterong, who
succeeds Mr.Remiliik, was snroute to Palau from New
York, said Mr.Basilius. Mr,Thomas Remengesau, Palau's
minister of justice, was named acting president until
Mr.Oiterong 's return, said the trust territory high
commissioner,Ms Oanet McCoy,
Mr.Basilius said a special election would be
called within 60 days,
Ms Mccoy said a Palawan was arrested but could
not provide an identity or furhtar details. •The U.S.
ambassador, Mr,Fred ,Zeder, in Uashimgton, also said
an arrest had been made,
Palau is on the west side of the international
dateline, -, '
Mr.Rameliik, who uas shot with a handgun, was dead
on arrival at McDonald Memorial Hospital, said Mr.Basilius,
- 119 -
An autopsy showed, four bullets struck Mr,Rameliik,
in the temple,cheek, neck and torso and all exitad
his body, he said,
Mr,Remengesau, in a national broadcast, asked
the people to remain calm, said Mr.Basilius. No
state of emergency has been declared and "the
government is functioning", Mr.Basilius said.
The situation is calm arid normal, although
Palauans are in a state of shock" he said, adding
that there had been no threats against the President*
TIMES OF INDIA
NEU DELHI
1,7.1985
- 120 -
ARaP FIOI RE-ELECTED
Kenya's Pres iden t Daniel :\rap Moi has boun
re -e l ec t ed Pres ident for another tarrn,
Daniel Arap Tioi of the American National Union
Party came to pouer in 1978 a f t e r the death of 3omo
Kenyatta,
HINDUSTHN TI^ES
NEW DELHI
4*7*1985
- 121 -
COSSIGA SWORN IN ITALIAN PRESIDENT
Mr. Francesco Cossiga, who quit his party saying
he wanted to represent the common people, was on
Wednesday sworn in as the Italian republic's eighth
President.
After taking the oath of office, Mr.Cossiga,
56,led a standing ovation in Parliament to honour
88-year-old Sandra Pertini, who resigned theJ presidency
10 days before bis seven year term expired, saying
he wanted to ease the transition to the new head of
state.
The communists as wall as the five parties in
Socialist Premier Battino Craxi's coalition government
supported the election by Parliament of Flr.Qossiga,
a Christian Democrat, on 3une,24«
Although the post is largely ceremonial, the
President has the power to appoint the Premier and
dissolve Parliament,
INDIAN EXPRESS
NEU DELHI
5.7.1985
- 122 -
LANDSLIDE WIN FOR PlUGriBE
Uith an expected landslide victory in th-3 f i rs t
post-independence election in Zimbabwe, Prims Minister
Robert Mugabe uas today swept into another five yaar
term of office giving him a firm mandate to go ahead
uith his plan for a one-party State*
His ruling Zimbabwe African National Union(ZANL))
party won 63 of the 79 constituencies contested uith
massive majorities.
But the tiny Ndebele tribe in troubled
fiatabelaland remained loyal to Mr, Jcshua Nkomo, the
heavily built Opposition leader whose Zimbabwe
African People's Union (ZAPU) party garnered al l the
15 seats in tha southern province.. •
HINDUSTAN TIMES
NEU DELHI
7 .7 .1985
- 123 -
MEXICO GOES TO THE POLLS
Mexico congressional and state elections on 7
will be a crucial test fur the country which boasts the
record of having the longest period of .'"•olitical
stability in Latin America.
After 56 years of uninterrupted constitutional rule
and, generally speaking^ social peace, the point at issue
is not whether Mexico's Party of the Institutionalised
Revolution (PRl) is about to berejected,. however, is a
hefty dent or two in its armour*
The vital question is whether the PRI is prepared
to take some measure of defeat in good grace. And if
the answer should prove to be no, the violence likely
to result will set alarm bells ringing in the White House
and throughout the world's banking 4'apitala,
The election will be putting on offer some 400
seats in Mexico's Chamber of Deputies, but the most
important contests will be elsewhere. The governorships
of seven of Mexico's 31 states uill be up far grabs
at the ballot box^ and never, in mare than half a
century now, has the PRI lost in such a state election*
Its time may have come# For its platform in the past,
it has generally traded on the principles of Mexico's
1910 Revolution - a better deal for the workers and
peasants and opposition to powerful business and land
owning interests.
But few people are impressed these days by such
sloganeering. Not least, this is because the PRI can
count among its numbers a considerable quota of rich
business and landowners.
- 124 - . . .
One of the PRI's gr^at strength in the past has
been its ability to whip uut tha voters-it, reckons
to have I million 'vote promoters' ra^dy for 7 3uly
to knock on doors. Some would say, that lass innocent
methods have played their part in past PRI victories,
such as bribery, coercion and ballet box fraud.
It is largely because of nearly three years now
of IMF—impasted economic austerity, that the prospect
of defeat for the PRI in one, or more, of the states
is looming. Hou far will the PRI aptivists or
hiearchy tolstate a 'clean election result if such
losses seem increasingly likely on the day?
Here, President Miguel de la Madridfs much daunted '
'moral renovation1 campaign— a major part of the
platform on which ha uas elected in 1982-is very much
on the line. The elections could be a major test to
see the President's efforts to clean up corruption have .
achieved the desirad results.
But possibly, more important is that if the PRI
Should suffer losses, yet report to well—established
methods of electoral fraud, the response from the
ground could -i be violent.
Less important local elections, in the north of
Mexico* in 3anuary, sparked major riots right on
the US border. Some Opposition politicians, who
claimed to have uon but said they had been cheated
by the PRI,found themselves beating a rapid retreati
into exile in Texas,
- 125 -
Some of the keenest-fought contests in 3uly will
again be by the border. These are more accuatamod to
US consumer patterns, than regions further south in
Mexico, and areas which have saen their ability to keep
up with such patterns eroded by economic austerity and
crisis.
Political analysts have oeen making strong
predictions of more violence* In the world*s banking
centres this could do little but increase fears that
Mexico is moving steadily towards a position whereby
it will never be able to repay its 96 billion foreign
dabt. ,
The response in Washington could be even more
alarmist-ot the Reagan Administration, its worst fears
that 'Central America' actually begins just across the
Rio Grand would seem well on the way towards being
confir mad.
The major challenge to the PRI comes from the right
wing National Action Party, usually knCwn as the PAN
This party basically represents big business and private
enterprise.
But its virtue tc many voters is that it is an
alternative to the PRI. If that altermative is not
given at least some chance, Mexico's history of 56 years
without social unrest could be in serious danger.
AMRITA BAZAR PATRIKACALCUTTA7,7,1985
- 125 -
CHANGE IN GU3.-\Rr\T
The Gujarat COngress(l) legislature party has
unanimously chosen a young Adivasi as its loader
following the .resignation of Fir.Fladhavsinh Solanki.
The neu leader, Mr. Amarsinej Chaudhary, who uas sworn
in as Chief Minister on Saturday, has announced that
his first priority is restoration of peace. Gujarat
has suffered"enormous loss during the last four months
in .the wake of the vi-tlence let loose by anti-social
and anti-national elements taking advantage of the
agitation on the issue of reservation. Though Fir.Solanki
enjoyed the confidence of the party which was voted
to power with an overwhelming majority, his efforts
to resolve the issue wore foiled. This confirms the
impression that some political elements are bent upon
pursuing destabilising policies. The new Chief Flinister
has made it plain that the interests of students
should not suffer. However, the first reaction of the
so-called Navnirman Samiti and the parents1
organisation does not sound helpful , Gujarat needs
an all-out drive against parochial minds. Al those
who ars out to create trouble must be isolated and
dealt with sternly. There can be differences orj the
implementation of reservation policy and the policy
may need a review on an all-India plane but by no
stretch of that imagination can justify the recourse
of violence. All political parties must exercise a
- 1 2 7 -
measure of self-discipline - particularly those uho
seem to bo never tired of swearing by the freedom of
expression. The new Chief Ministsr of Gujarat belongs
to the weaker section of society. If the Congrass(l)
has chosen the new leader from this clasat it is in
keeping with the pledge of Mahatma Gandhi* who stood
for the emancipation of the humble and lowly. Those
who are importing casteism in politics will have to
realise that vested interests cannot thrive for long.
Now i,s the time for all responsibla persons to work
for restoration of normalcy in the state. It is a
challenging task but not an impossible one if
undertaken with a sense of mission,
NATIONAL HERALD
NEy DELHI
8.7.1965
- 128 -
Change in Gujarat
By changing tha Chief Minister in Gujarat
the Congress Leadership has bought only temporary
reprieve. For the leaders cf the agitation in
the State and those pulling the strings from
behind, the reservation issue was only an alibi.
If opposition to the to the State Gpvernmontsfs
policy on reservation for backward classes Was
the the real issue, the agitation would have
been called off as soon as implementation of
the increase in the reserved quota, announced
on the eve of the assembly elections, was
indefinitely deferred. From the the very outset
the agitationists aimed at pulling down
Mr. Madhavsinh Solanki from office. When
Mr. 3inabhal Darji and Mr. Sanat Mehta, on their
return from Delhi, raised the demand for imposition
of President's rule, the signal was loud and
clear, that is, the the agitationists should
persist and they could depend on the support
not only, from dissident Congressmen in Gujarat
but also from influential quarters in Delhi. If
reservation was not the real issue, it is also
- 129 -
clear that questions of rectitude in public
life and morality were injected solely with a
view to put "moral" gloss over a patently
amoral political, casteist and communal operation.
As the evehta in Gujarat after the Navnirmao
movement amply demonstrated in the seventies^
lip service paid to morality by some leaders in
Gujarat is merely an exercise in hypocrisy.
How otherwise could those who hurled unprintable
abuses at Mr.Chimanbhai Patel feel comfortable
in his company and accept him as a leader after
he was removed from Chief PUnistership.
All this is not to suggest that
Flr.Solanki *s handling of the situation was
flawless. If he had not committed serious
mistakes, he would not have had to step.down
so soon after leading the Congress party to an
impressive victory in the State assembly elections*
Mr.Solanki's biggest mistake was to underestimate
the power of vested interests he had antagonised by
attempting to change the political balance of
social forces in Gujarat and the support they
could mobilise. The Congress High Command has
acted wisely by rejecting the dissidents' plea
to appoint an upper-caste leader as Chief Minister.
By succumbing to the agitationists'blackmail it
would have further emboldened those intersts and
encouraged the tendency of forgoing dissident-
- 130 -
nexus against Congress chief ministers in other States*
Mr.Amarsinh Chaudhary, Gujarat's new Chief Minister,
faces a formidable challenge. In certain respects, his
task is more difficult than his predecessors .. Ha will
need ths fullest support of Mr. Sclanki, Everyone
in the State should also feel that he enjoys complete
confidence of the Centre. The Congress High Command
would not be making his task easier if it advises
Mr. Amarsinh to reward those who played an active role
in pulling down Mr. Solanki*
The Prime Minister has said-and rightly—that tho
agitation in Gujarat is political and.several Opposition
parties are exploiting tho situation for their narrow
ends. Will they, having won the first round, give up the
opportunity of pressing tha advantage further? Will th,e
change in Gujarat bring the reservation controversy to
an end? And wnat is likely to bo the effect of the
Gujarat events in other State? A judgment on the manner
in which the situation in Gujarat has been handled must
be suspended till the future course.of events provides
replies to tha,se questions.
PATRIOTNEW DELHI
8.7.-'1385
- 131 -
•VERDICT, IN ,Z_I_MBAj3UE
PERHAPS no one eve r s e r i o u s l y doubted t h a t t h e
Prime M i n i s t e r , Mr .Rober t Mugabe's Zimbabwe A f r i c a n . .
National Union (Partiobic Front)would uin the recently
held elections in Zimbabue. If i ts tally of 63 out of
the 80 seats reserved for the blacks -• with 15 going
to Mr. Doshua Nkomo's Zimbabue African People's Union,
one to Rev. N.Sithole's party, and one result to come-
surprised some, the lack of any reoort of intimidation
or harassment of voters and the absence of security
forces seems to rule out unfair play. So* does the
winning of 15 of the 20 seats for the unites by fir Ian
Smithes party* By a l l accounts, there has been a
polarisation along racial lines with the blacks, *• *
overwhelmingly supporting ZANU(PF)and the Whites
Mr Ian Smith.
One expected that his party's convincing victory
would incline rfr. Mugabe to be moderate and conciliatory
going out of his way to reassure his opponents and
removing the scars of past, bitterness. His outburst at
at a press conference on Saturday at Harare, where he
accused ths black opposition parties of ••organising •
counter-revolutionary activities" and warning that
"tHey will have no one to blame but themselves when,
the hand of law and order exercise itself over them1'*.,
is therefore disquieting. So is his reaction to tha
success of Mr.Smith's party which prompted him to say
that those Whites "who hove not accented the reality
- 132 -)
of a poli t ical order in which the Africnn set t.he occo u i l l
have to leave the country.1'
Any argument that thssG uere no more th^n tho kind
of outbursts Mr. Mugabe is knoun. to bo prone to , is
difficult to sustain in tha f~cs of his declaration
that he u i l l not be bound by the present constitution
and u i l l crpate a one-party State in the next five
years. There is clearly an underlying design which
gives a s inis ter ring to His threat . Ths fact that he
doss not have tho 70 black seats needed to amend the
constitution only suggests that he may rely on force
and crush a l l opposition ruthlessly, as he did in
natabeloland last year uhen the dreaded Fifth Brigade
unleashed brutal atroci t ies on Mr«Nkompls, followers,
Zimbabwe clearly has s t r i fe- torn days ahead unless
Mr, Mugabe decides to be more accommodating.
INDIAN ODRESS
> NEU DELHI10,7. -^85
- 133 -
Tho impressive victory which fir Robert- Mugo.bo, the
Minister of Zimbabwe has notched up in tho last
election should hove provided an extremely fitting cause
for rejoicing to al l tho well-wishers of this developing
country. The stability and freedom of action which the
massive majority won by Mr Mugabe's party - the ZA'NUf as
i t has been known for before the attainment of Zimbabwe's
independence - signifies for the noxt five ypars for this
erstwhile colony of Britain an unhampered advancement
towards political and, more imprirtantlyi economic
development of the State and i ts diverse tribes.
Unfortunately, not many would be inclined to view the
result that way especially because of Mr Mugabe's reported
post-poll declaration. The electoral triumph, Mr,Mugabe
appears to feel, gives him a clear-mandate to introduce
the one party system in Zimbabwe,
Mr, Mugabe's Marxian preferences seem to relate^ more
to tho single-party system than to the basic Marxian
contentions about the fundamental rights, different tribes
and communitites within a State are expected to onjoy
to work for their own fulfilment in their own chosen
way. The transformation of the political tradition that
Zimbabwe had inherited from Britain - Mr Mugabe has not
minced words in conveying his dissatisfaction with i t -
into a one-party system, can be brought about only by
contd,,,•
- .134 -
taking, no cognisance of t'r<e unite-d mannar In which
tho supnortcrs of Mr Plug a bo's opponent, P-1r Nknmo hnvo
indicated their electoral-will . Tho Ndo bo la tribe in
the troubled Matnbelelnnd has solidly backed Mr Nkorno's
ZAPU enabling i t to secure a l l the 15 sears in the
southern province. They have not embraced Hr Mugabe's
one-party State plan.
Prime Minister Mugabe has, however, threatened tough
action againaft the minority whites and black opposition
lenders whom ho regards as standing in his way, because
they had succeeded in getting some of the votes cast
against him. He has also given the unfortunate impression
that protection of the rights of minorities is not an
article of faith with him* The way he has accused the
opposition parties of "organising counter-revolutionary
act ivi t ies" and warned that they "will have no one to blame]
but themselves when the hand of law and order exercises
i tself over them" is far from statesmanlike. Actually,
the possibility of a civi l war and consequent outside
interference looms largo on account of the stand he has
taken, Mr Mugabe has sufficient legislative majority to
carry out revolutionary measures without imposing one-
party rule and precipitating any such c r i s i s .
Amrita Bazar Potriko:Calcutta;12.7.85,
- 135 -
In what uas billed as. the most important political
event in the history of post-independent Zimbaue , i t s
people hnve exercised their franchise in the" country's
parliamentary elections to return Mr, Robert Mugabe to the
helm* The oIcetoral^ event spread over four days say an
almost cont per cent turn out, uith some 29 millions
casting their ballot. Uhile tho ruling African Notional
Union (ZANU) managed to boost i t s strength to 63 seats from
57 in tho lOO-member House, tho main opposition party
of Mr. Doshuo Nkamo,.the African People's Union (ZA PU)
obtained only 15 seats, down from 20 cj&b in the outgoing
Parliament, And in a separate election for the whites
held earlier, the party of Mr. lap Smith t- the former Prime
Minister of Rhodesia - had a sooop of 15 out of the 20 st
seats reserved for them. Although the election as such
u&nt off without any major disruption, the supporters of
Mr. Nkomo had a l l along contended that they were subjected
to acts of violence and intimidation that included tha
killing of hundreds of party, officials in the i r stronghold
of Western Matabeleland — a province that has remained
loyal to the ZAPU aven in the'current election. The
campaigning centred around what the tuo main parties held
out as the vi ta l issues of the day and on their respective
achievements, Uhile the ruling party argued that a ballot
cast for Mr. Nkomo would be a vote for instability and
contd, , . , .
- 136 -
unrest, the ZAPU contended that Mr. Mugabe had not
delivered the .goods as promised in tho f i r s t five yoars
in off ice. (
El/EN i f . ths verdict is accepted as. an endorsement of
the policies of the Mugabe Government, the f ina l tff&ly
in Parliament' together uith the- resurgence of the Smith
factor mean that i t would be no easy task for the
administration in i t s second term. Although the Government
has claimed much credit for i ts socio-economic reforms -
such as the opening of more schools, hospitals, i r r igat ion
projects and higher wages for the * industrial workers
in the ci t ies - the problem without doubt is going
to arise on the po l i t ica l front which is bound to have an
impact on the long-term development plans. Though at f i r s t
Mr. Mugabe indicated that he is for building a united natio
through a policy of reconcilation with the diverse polit ica
groups, the overwhelming support shown by the whites for
Mr* Smith -whose aversion to the present Government is no
secret -clearly indicates that they arc for from reconciled
and are not ready either to get assimilated into the system
or contributing to the economic advance of the country.
And even as Mr, Nkomo suffered reverses in the re.cent
polls, he is by no means a spent force, although i t
seems unlikely that he would forge an alliance with
Mr,Smith against the ruling party* But more important
and beyond the personal differences between Mr,Mugabe and
cantd,...
- 137 -
fir Nkomo, are the diverse bases of support of tho twoI
lenders. If the ZANU draws its strength from the
Shonos tribe, Fir. Nkomo commands the loyalty of the
Ndebeles, nnd tho rivalry between the tuo dates br.ck
to over a century. Arguing that the recent victory
has given a mandate to move towards a one party socialist
state. Mr.Mugabe has warned political groups, both
black and white, that he would move forcefully against
them if they come in the way of his vision of a united
Zimbabwe, The present constitutional arrangement calls
for a unanimous parliamentary consent for any change in
the political structure, and Mr, Mugabd!s quest for even
greater power would seem to push the country into a period
of unrest.
Hindu:Madras;11.7.85.
- 138 -
The Dapnnese Supreme Court today dacInrod the Dscember
1983 general G lections as unconstitutional because cf
disparities of vote value, but ruled that the Government
of Mr.Yasuhiro Nakasone could stay in power.
In a 13-1 decision, i t ruled as unconstitutional
the present distribution of 511 Lower House seats among
130 constitufcnciiG&ijs
The Diet failed to correct the gap in the electoral
value of each vote which had widened to 4.40-1 on election
day, December 18, 1983, the judgment said.
The Bench, however, said the election results were
s t i l l effective because otherwise there would be major
inconveniences,
Mr.Nakascne, now in Italy on a 10-days tour of Europe,
issued a statement and promised what he called 'maximum
efforts' to rectify the imbalance.
The court warned that the judiciary might deny electior.
results if the legislature is dissolved for a general
election before the disparities are rectified.
Mr.Justice Masataka Taniguchi gave a minority
\decision declaring as null the election results in
constituencies where the per-seat number of voters was
50 per cent or more or less than the national average.
Hindu:Madras;18.7.85
- 139 -
3APAN SC HOLDS 1983 POLL1UNCONSTITUTIONAL'
The Suprema Court tcday declared tha December
1983 general'elections as unconstitutional because
of disparities of vote value but ruled that the
Government of Yasuhirc Nakasone could stay in power.
In a 1.3—1 decision tha court ruled as unconstitu-
tional the present distribution of 511 Lower House
seats among 30 constituencies.
The banch, however,- said the election results
were still effective because otherwise there would
be major inconveniences,
PARRIOT1 • NEU DELHI
10.7.1985
- 140 -
can sack employee without inquiry: SC
ARMING the executive with sueepinq powers, the
Supreme Court has hold that n government sorvnnt could
be dismissed or removed from service without an inquiry
under Article 311(2)(3) of the Constitution in "public
interest" and for "public good", reports PTI.
Striking o lethal blow on government servants, the
court ruled that the principles of natural justice and
Article 14 (equality before lau) of the Constitution
were not violated by denying them a right to be heard
under this article.
Under Article 311(2)(.B) if the disciplinary authority
empouerec! to dismiss or remove a person ot to reduce
him in rank, is satisfied that it' is not reasonably
practicable to hold such inquiry^ it can dispense uith it.
An inquiry need not be held if the government servant
is convicted on a criminal charge or if the President
or the governor is satisfied that it is not expedient
to hold such inquiry in the interest of the security of th|
state under Article 311,(2) (IS) and (C),
"Government servants uho are inefficient,
dishonest or corrupt or have become a security risk should
not continue in service" and should be summarily
dismissed or removed from service instead of being
allowed to continue at public expense ar\d to public
contd,,..
- ' • 1 4 1 -
detriment, the court observed,
Much ns this may senrn harsh and nprsssive to a
government servant, '''sympathy and commiseration cannot
be allowed to outweigh considerations of public policy,
concern for public interest, regard for public good and
the peremptory dictate of a constitutional prohibition,"
the court said.
This ruling was given by a Constitution bench by a
4-1 majority. The majority^ 237*-pagc3 judgment, written
by Mr,Justice D.P,Radon, was supported by the former
chief justice, Mr.Y.V.Chnndrachud, fir, Justice V.D,
Tulzopurkor and Pir.Justice R.S.Pathak,
In his brief dissenting judgment, f1r#3ustice
M.P.Thakkar, who is at present heading a commission
inquiring into the assassination of Mrs,Indira Gandhi,
feltthnt the five judges should have seriously deliberated- *
upon the issue and evolved a consensus before coming to the
present conclusion.
The judges overruled the*ruling, of a three-judge'
bench of the Supreme Court in Challappan's case which
held that delinquent government servant could be dismissed
or removed from service only after ho was given an
opportunity to be heard,
Uhils the majority held that the decision in Challoppan"
case was not correct and never held the fiel<5f Mr.Dustice
contd.«,.
- 142 -
Thakkar said the cnse had rightly bcgn decided nnd there
uas no compulsion to ovorrula i t .
Dismissing a botch of writ petitions by miluny
servants uho urnre dismissed or removad from service without
any inquiry for taking part in oll-Indin strikes, the
judges observed that since the country had been held to
ransom and i t s public interest and public good pre judiciallyi
affected an inquiry uas not "reasonably practicable."
The judges allowed two appeals of the Union of India
against the decisions of the Patna and fiadhya Pradesh
high courts, which had relied on the decision in Challoppar1-
case, in a group of petitions by dismissed employees of
the central industrial security force*
The judges also rejected a large number of petitions
by dismissed officials of the Pladhya Pradesh district
police force or the MP special armed force for their
alleged involvement in an incident that took place on
Danuary 18, 1981, at the annual mela held at Gualior
in which one man uas burnt alive. Several members
of these forces had indulged in violent demonstrations
and rioted at the mela ground.
i!The police are the guardians of law and order"
and "if these guards turn law-breakers end croate
violent public disorder and incite others to do the
same" i t was necessary to take prompt action and the
- 143 -
holding of an inquiry into tho conduct of each of
them would not have been expedient in the interest
of the security of the state, the judges observed.
Article 311 (2) stipulates throe conditions
where an inquiry need not be held before the dismissal
or removal of a government servant.
(a) Where a person is dismissed or removed
or reduced in rank on the ground of conduct which
has led to his conviction an a criminal charge,
(b) Where the authority empowered to dismiss
or remove a person or to reduce him in rank is
satisfied that for some reason, to be recorded by
that authority in writing, it is not reasonably
practicable to hold such an inquiry,
(c) Where the President or t ha govornor, as
the case may be, is satisfied a that in the interest of
the security of the state it is not expedient to
hold such an inquiry.
On behalf of the affected government servants
it uas contended where a full inquiry was dispensed
with under Article 311(2) (8), thero was nothing
to prevent the disciplinary authority from holding
at least a minimal inquiry because no prejudice1
could be caused by doing so.
It was nrgued thnt the chargesheet or at least
a notice informing the government of the charges agninst
- 144 - .
him and calling for his explanation thorcto uns
always feasible.
"These arguments, though attractive r.t the
first blush, do not berr scrutiny," the judges
observed. . H. . .
The judges held thnt the sti'Tulatou clauso regarding
no inquiry in certain coses was "mandatory" and not
"directory". ' •
"It is in the nature of a constitutional prohibitory
injunction restraining the disciplinary authority from
holding an inquiry under Article 311(2) or from giving
any kind of opportunity to the concerned government servant"
the judges observed.
It was argued that n government servant ought to be
placed under suspension until the situation improtfecbrt
or the danger to the security of the state had passed
and it became possible to hold an inquiry.
Turning down this plea, the judges pointed out that
there were two remedies open to him, namely departmental
appeal and judicial review.
On behalf of the government servants, it uas submitted
that Article 14 (equality before law) of the Constitution
should be read into Article 311(2)(B) and this uould
entitle a government an opportunity both of showing cause
against the charges made against him as also against
the pbnn.J&y proposed to be imposed on him.
contd.,..
'- 145 -
"The principles of natural justice arc not the
'creation of Article 14. It is not their begetter but
their constitutional guardian..•.What Article 14 forbids
is discrimination by law, that is, treating persons
similarly circumstanced differently or treating not those
similarly circumstanced in the same way," thR judges
observed.
If the government servants' contention for a right
of hearing was correct, the result uould be ustartling and
anomalous" and it uould make a "mockery" of the provisions
of the Constitution, the judges pointed out,
"The concept of natural justice is a magnificent
thoroughbred on which this nation gallops forwards towards
its proclaimed and, let us pray, its destined goal of
justice, social, economic and political,"
"This thoroughbred must not be allowed to turn into
a wild and unruly horse, careering off when it lists
unsaddling its rider, and bursting into fields where the
sign 'no passage is put up' tho judges observed.
Referring to 311(2)(A), the judges said where a •:*:. oi.
disciplinary authority came to know that a government
servant had been convicted on a criminal charge, it rfy"
must exporte consider whether his conduct which had led to
his conviction was such as warrants the Imposition of a
penalty which could be dismissal, removal from service
or reduction in rank.
oT INDIA:NEU DELHI %25.7.85.
, - 146 *-
MEU PRESIDENT OF PERU 3UORN IN
Peru ' s neu Pres ident Mr Alan Gnrcfca, uas
suorn in today under s t r ic t security after guerrillas
exploded a car bomb and bleu up electricity pylons
in a bid to disrupt tha inauguration reports UNI.
DPA.
Mr Garcia the 36-year-old chief of Peru's .
social democratic "Popular Alliance of the American
'Revolution" uon elections on April 14 with 53% of the
vote.
The Statesman:Delhi;29.7.85
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DocumentationMonthly
Election Commission of India,
2. n 2 iz a i. iLPage Mos.
CHAPTER-1
Books and Articles 4 ™ 15
Motes on j u d i c i a l decisions i ne lec t ion matters A 6 — 37
Cases of d i squa l i f i ca t i ons 3 8 - 4 8
CHAPTER-IV • • .
Disposal of e lec t ion ps t i t i ons . 4 9 - 5 9
CHA'PTER-V
l/acancy Statements 60 - 69
Commission's uieus and press-statements on cer ta in aspectsof e lect ions 70 - 94
CHAPTER-UII
Press reports on e lect ions andp p l i t i c a l systems of fore igncountries and other matters ofinterest. 95
arh:
r % f
9 6 - 1 0 5
1 0 6 - 1 2 4
2 5 - 130
The Documentation is intended to acquaint
the Officers and staff of the Commission end 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 Lau and
Procedure, Progress in the disposal of election
petitions, judicial decisions thereon, Commission's
decisions on qu^eti^n as to disqualification of
members to either House of Parliament or of the
State Legislatures and bye-elections to both
Houses of Parliament a ns State Legislatures,
_ 4 -
CHAPTER -, I
BOOKS AND ARTICLES -
A feu books hav/e baen added to the Library of the
Elect ion Commission. The de ta i l s of the books are
given i n Anhexure-I.
A number of a r t i c l e s on current p o l i t i c a l issues
and other matters of in te res t appeared i n various
periodicals/newspapers, which were received i n the
Commission's Library during the month of August, 1985.
A l i s t of such a r t i c l e s as are considered to be of
specia l i n te res t i s given in Annexure-I I .
- - • E - -
AUTHOR . TITLE PUBLISHER
Follet,ken On Uings of Eagles. bombay,India BookDistribution,1983.
Forsyth,. The Fourth Protocol, Londonj,Corgi, 1 984.Frederich
Puzo,f1ario The S ic i l ian . New York, Bantam,• • • 1 9 8 4 .
ANNEXURE-I-I
tURHOR
(a) feqazines
LIST OF ARTICLES;
TITLE
N S AND P O L I T I C S
REFERENCE
De Silua, ilervyn Sri Lanka: The FightFor Peace.
Patra,Saral
Editorial
Editorial
Editorial
Editorial
Editorial
A bra ham, A . S.
New Alignments to meetBang la Crisis,
Reg. the political scenein Bangladesh. •' ' ;
*Nigerian Nightmare.
^Pointless Coups.
*Chance of Guard.
*Soldiars of Fortune.
*Coup In Nigeria.
*ReQ. coup in Nigeria.
Colombo set to use Force-Neutralising India KeyTo Strategy.
India Today,Mugust 16-31,1985, p .93.
Patriot:New Delhi,August 27,1985,p. 4,
National Herald:New Delhi,August29, 1985,p.7.
The Hindustan Times:New De Ihi,/iuqus t
• 2 9 , 1 9 8 5 , p . 9 . . "
The Tiroes, of India:New Delhi,August,29,1985,p.6,
The 5tatesman:Delhi,August 29,1985,p.6.
Indian Express:New Delhi,August29,1985,p.6.
The Times of India:New Delhi,August30,1985,p.8.
Contd...
SUTHOR
- 7 -
TITLE.
B.INDIAN E LEC TI 0NS A N_D_ _PO LITI_C_S_
A u a s t h i , S u r i n d e r Ths accord and a f t e r ,
• On the Punjab accord ,
B a n e r j e e , I n d r a n i l Assam-Prospects o fPeace.
Bakshi,Raj ni
REFERENCE
Caravan,Auqust(2nd) }
1985, p. 23,-24.
I n d i a Today:August1 6 - 3 1 , 1 9 8 5 , p , 2 8 .
I i J I :Auaus t 2 5 - 3 1 ,1985, pp . 3 0 - 3 1 .
Shubha BrataSunday;/August 4 - 1 0 ,19-85, pp . 1 0 - 1 1 .
A Sacred Psyche.
The reporter feels thatonly cursory attentionhas been paid to thefestering uounds amongthe Sikh community.
Punjab-Peace At last.
Reg', the Punjabaccord which has broughta sigh of relief to theentire nation.
- • Co ng (i ) , A kalis Or :Coalition?
This is regarding theprospects of differentparties in the forthcomingPunjab elections.
Gosuami,Sabita Assam Poll List Mess. Blitz:August 10,1985 D 7On defects in Assam electoral ' *
rolls.&
Gosuami,Sabita Jubilation/problems.Face Assam pact.
Blitz:August 24,1985,pp. 1 & 23.
Blitz:August 24,1985, pp. 3 & 23.
Guha Seema Assarns Accord In Sight.
The writer feels thatthe Shillong talks haveraised hopes for a settlement.
Sunday,August,11-17,1985,pp. 26-27.
Gujral,InderKumar
Can Punjab RiskAn Early Poll?
Sunday:nugust,11-17,1985,pp.18-19.
The author feels that thePunjab accord should begiven some time to eink insinc^ the election campaignmay sharpen the communaldivide.
AUTHOR TITLE REFERENCE
Punjab Accord-Behindthe scenes,-
India Today:August16-31,1985,pp.24-25.
Johnson ,Marguerite
K.P.Sunil
A Victory For B.#th Sides. TimesAugust 5,1985,
This is' regarding the p p " 24~25«Punjab accord.
Heat And Dust.
Qri the con f l i c t betweenthe leg is la t i ve andJudiciary in Tamil Nadu.
Minna,/ishuini A New Dawn In Punjab.
The author feels that theaccord has ushered in anew era in Punjab,
i\!agi,Saroj
M n n T« a n i ;.': Q
Raghvan,A. '
IUI:August 11-17,1985, pp. 32-34.
Sunday:August 4-10,1985, pp. 14-15.
To This Night,a Qawn? IUI:August 11-17,T , . , „ , ,, , • 1985, pp. 20-23.The wri ter feels that the ' ri
historic Punjab accord maywell ensure the restoration ofpeace in a trboubled land.
The Punjab Accoxd-A. Balance IWI:August,11-17,Sheet. , ; 1985, pp. 24-25.
The writer examines therecent accord in the l ight ... . ...of past fftegoitiations.
nee Negociator. t Onlooker: August
This is regarding Punjab 22^985> PP» 8^g*Governor arjun Singh'srole in unknottingPunjab tangle.
Terorism Tapering Off In Blitzjriugust.Punjab. 10,1985,p.9.
This is regarding thePunjab accord and SantLongowal's trimijjtth overShri jog index Singh, as a - * ' --result of which terrorismin Punjab is on the wave.
MUTHOR
Sharma,Rita
- . 9 -
TTTLfe
The Fight For Supremacy.
•This is regarding theintra-par.ty r ivalry inthe Akali Dal.
The Alien.
The author analyses theinterplay of varioussub-surface forces thathave culminated in theinjured psyehe of Sikhs.
Singh,Khushwant Punjab Lives Again
REFERENCE
Sunday:August11-17,1985, p.16.
Singh,Darshan(Maivi)
11-17,1985, pp. 5 0-51. .
The author hails the ;
Punjab accord as. one of thevictories of the forcesof national integrity overthose plotting disintegration.
Su nday; A ugus t '4-1.0,1985, pp.12-13.
Thakur,SankarShah
Thukral,Gobind
(b) Newspapers
K iduai,A nser
Editorial
Abraham,M.S.
Mischief "In Kashmir.
Reg. the growing ;instability in Damrnu &Kashmir culminating inthe attempt on the lifeof Dr. Farooq Abdullah.
Punjab;- The ElectionQuestion, ,
Sunday:July 28-August 3,1985,pp. 26-30.
India Today:August16-31,1985,pp.22-25
Punjab:Back To Political National Herald:norms,
Cong(l) Role in 3 & K.
Neu Delhi,Auoust 1,1985, p.7.
National Herald:New Delhi, August 1,1985, p.7.
Barman,Ashis
Looking Beyond Gujarat- The Times of India:Ripening Issues In The Neu Delhi, August 2",Wind. , 1985, p.8,
Reg. the general situationin the country.
Congress,Communists and Patriot:Neu Delhi,Communalism. August 2,1985,p.4.
fUJTHOR
Gangu l i ,Amulya.
Tharyan,P.
Pisces
- 10 -
TITLE
After Punjab,Assam? -The Uay To a Selution
Assam; Search For A-fo rmu la .
Governor Ar jun Singh
Regarding the ro le of
REFERENCE
The StatesmanjDelhi ,August 2, 1985,p.6.
The Hindustan Times:Neu Delhi,August 3,1.9.35, .p. 3.-
T-he Hindostan Times:(SundayyNeu Del(vi>August 4,Governor Arjun Singh in IORC *1'
solving the Punjab IP us,. • p, u.tangle.
Editorial Real, I*sue In Punjab. fta Su.nday--Statesman:n J - • , , i_ " 1 _ J • J ? Delh i , Auous t 4»1 985,Regarding the holding of t _ y
elections in Punj.ab* ^'*' 'Winning elections'-is' not Indian Expfess:Neu
Suaminathan enough* Delhi,August 5,1985,S * ' .• The author's opinion Is &"6i ' •
that losing an election . . , -honourably can yield more . =
• "dividend than winning one• by rynicaily manipulating . . . . , -:• forces of casteism and
• ; rommunalism. . ; . • ,. : -
• * •
Kar i ,3a is ingh A Gross-root approach
The author appreciates theaffects of the PrimeMinister Rajiv Gandhi in
- solving the various criticalproblems facing the country*.
Indian- Express: Neu DelhiAugust 7,1985,p.6.
Editorial *Dilemma In Punjab-,
Edito.ria-1 *Up To Akalis.
Editor ial
Editorial
^Punjab Poll.
^Punjab and •Poll..
The Times-- of India:Neu Delhi,August 9,19.85, f),8.
Th-e Hipdus-tan Times;New Delhi,August 9,1985,--p.. 9,. '
Patriot: New. Delhi,,august "9,1 985, p.4.
National- Herald: NeuDfelhi, August 9,1985,
- 11 -
TITLE REFERENCE
Editorial
S i n g h , R a h u l
Mitra,C hand an
*Thes Sant Holds The Key. The Statesman: Delhi ,^Regarding the prospects • : i U g u s t 10,1985,p.6.
of holding e lec t i on i nPunjab before October 1985.
Should Punjab go to the Indian Express:NeuPol ls? • Delhi ,august 12,1985,
-' . P • 6.
The Statesman:Delhi,August 12,1985, p.6.
The Past Hangs Heavy —Byt Punjab Pol i t ic iansUnconcerned,
Oassoual, j ,S . Significance of Punjab National Herald: Newaccord.
Malik, B a l j i t
Datta-Ray,Sunanda K.
Looking Beyond ThePunjab Accord,
Living Up Tp PromisesBeyond The.- Search FarLaurels.
Delhi, august 1t5,1985,p. 7,
The Statesman:Delhi,August 15,1985,p.6.
The Statesrnan:Delhi,Auoust 15,1985,p.6.
Regarding the Prime MinisterRajiv/ Gandhi's efforts to'f u l f i l l the promises madeby him to the people o fIndia.
Editoria 1
Editorial
Editorial
Editor i a l
*A nd NQU ;ISSam.
*rissam Breakthrough'
'Just ice to A l l *
*Doubts On Accord.
Indian Express:NeuDelhi,August 15,1985,p. 6.
Patriot:Neu Delhi ,august 16,1985,p.4.
E d i t o r i a l • *Uelcome Accord,
National Herald:De lh i , August 17,1985,p.7.
The Times of India;Neu Delhi , August17,1985, p.8.
The Hindustan Times:New Delhi,August 17,1985, p.9.
— 1 2 —
ALLLtiSS,
Editorial
Editorial
•^Concessions In its sain.
JR EFER EN£E
The S ta tesman ;De lh i ,August 17,1 9 8 5 , p . 6 .
*No Flash I n the Pan T h i s , The Hindustan Times
* R e g . the Assam a c c o r d . - ^ ^ 1 ^ ' A u g u a t W
hditor ial Punjab Campaign.
- Rag. Rajiv Gandhi's
Editorial
Patriot:New Delh i ,wugust 20,1985, p .4,
guideline to party workerson the election campaign inPunjab, :
Khanpa,K,C • ' Mine Field of Uncertain The Timss of India:tiessThe Assam Accordand / i f te r .
Ne'u Delhi, August 20,1985, p.8.
Logic For a ka l i s . The Times of India:Neu Dalhi,August 20,
•' 1985, p. 8.
Ed i to r ia l ^"Punjabi Renewal, Indian Express:NewDelhi,august 20,1985,p.6,
Ed i to r ia l *Punjab And Congress(i). National Herald:New
Sri Raman,3
•*Rtig. the decision tohoid elections inPunjab.
Pattern of problems tocome .
Delhi,August 20,1985,p.7.
Patriot:New:Delhi,August 21,1985,p.4.
Editorial
The authors discussesthe problems which are likely :to follow the Punjab andAssam accor.d i.g. Reservationissue, border.dispute betweenKarnataka and Maharashtra , :
etc, etc.
Tasks In Assam*, Indian Express: Newa 4.L J- i J. • P Delhi,Auqust 21,1985,Reg. the d isso lu t ion of : * yu ' 'the Assam Assembly. *
flUTHOR
Sahay,S.
_ 1 -7
TITLE •
H Close Look-TouardsCleaner politics.
REFERENCE
The Statesman:Delhi,August 22,1985,p.6.
Reg. the change, for thebe t te r , i n the Centra lGovernment's approach toproblems - an opon min'dodnessresponsiveness to publ iccr i t i c ism which justdid not exist during Mrs.Gandhi's regime.
l\lij ivahan,P.K.
Mitra,Chandan
Editorial
No End Of Terrorism InPunjab.
Back To Square 0ne ?Sant's fiurder LeavesDangerous void.
The Price In Assam.
Reg. the Assam accord.
The Times of India*New Delhi,August 22,1985, p.8.
.The Statesman; Delhi,August 23,1985,p.6.
The Statesman?Delhi,August 23,1985,p.6.
,braham,A.S. Pressures On The System- The Times of India;
Editor ial
Editorial
Editorial
Edi to r ia l
•ft
Coping With TheTrauma Of Punjab.
Punjab poll. '
Assam accord.
*Ansuer To Terrorism.
*The Hour of Decision.
*Reg. the elections inPunjab.
Neu Delhi, "August 28,1985, p.8,
National Herald; IMeuDelhi,August 24*1985,p.7.
National Herald:NewDelhi, Auoust 24,1985,
' p *7 . ..
The Hindustam Times:'Neu Delhi, August 24,1985, p.9.
Indian Express:Neu•Delhi,August 24,1985, p.6. i
Chopra,Prem.*Keeping Faith With Punjab. Indian Express:Neu
*RQg. the s i tuat ion in ? ^ i , '^gust 24,Punjab after the iJa^} P'b'assassination of SantLongoual.
AUTHOR.
- 14 -
JILIJi
3 a i n , G i r i I 1 After The Assassination-Fresh Complications in
• Punjab.
Ramachandran,C.P, J_gjig_oua_l -Before .-v nd
Editorial ' Punjab Elections MustBB: Held.
Ganguli,•• • Mfter The Accord-!-Arnuiya .Minority Fears Persist
I n A s s a m.
Ganguli.5. . Mfter The Ac c o rd - I I - .Amulya , Sectarian Trends
Strengthened. •
Editorial Ballot,Not Bullet.
Reg. slactions in "Punjab.
Editorial Opposition and elections.
Chopra,V..D. No Cooling Period ForPunjab.
Khanna,K.C. Terrorism And PunjabPoil-A'Gamble On Sikhpsyche,
Menon, N. C. Punjab: Left AfterLongouai.
P1itra,Chandan Akalis a f ter LonqoualThe Rich Peasant "/abandons Badal.
Dua,H,K. To the People InPunjab.
Regarding the situationin Punjab after L
REFERENC_E '
The Times of India!Neu Delhi,August 24,1985, p. 8.
The Hindustan Times:Neu Delhi, August 25,1985, p. I.The Hindustan Times:Neu Delhi,August 25,1985, p.9.
The Sunday Statesman:Delhi,August 25,1985,p. 6.
The Statesma n: Delhi,August 25,1985,p.6.
National Herald: NewDelhi,nugust 26,1985,
Patriot:New Delhi,August 26,.1985,p,4.
Patriot: Neu Delhi,august 26,1985,p.4.
The Times of India:Neu Delhi,August 27,1985, p.6.
The Hindustan Times:Neu Delhi,august 2'8,1985, p.9.
The Statesman: Delhi,August 28,1985,p.6.
Indian Express:NewDelhi,August 28,1985» P«6»
- 15 -
XLLL£Implications Of PunjabAccord.
AUTHOR •
Suri,Surinder
Kiduai,Anser P^njaib; Po 11 s , Stakes &Pointers.
Editor ial Poll Compulsions.
Reg. elections inPunjab.
Sahay,S. I:I, .p, Jr°.?£,, Look V i r t u a l l yShielding The Corrupt.
Randhir,G.S. Punjab Poll - I .Cong-I may f ield neufaces.
Randhir,G.S. Punjab Poll -II.Division in Akalis mayhelp Cong-I.
Randhir,G.S. Punjab p o l l - I l l .Accord to help Cong-I.
Randhir,G.S. Punjab Poll-I\ j.Barnala faces uphil l
' ' • - t task, ;
S i ng h,Jaswant
S i ng h,Jaswant
Assam Sett lement-I.Prospect and retrospect,
Assam Settlement-II.Some dangers andwarnings.
ftangarajan, Punjab accord and a f te r .
Ed i to r ia l Side Effect Of Assam.
3a in ,G i r i l a l What I f The Akalis Lose:Some Basic problems InPunjab,
REFERENCE
The Times of India?New Delhi,August 28,1985, p.6.
National Herald:New Delhi,August29,1985,p.7,
The Hindustan Times:New Delhi,August 29,1985, p.9.
The Statesman;Delhi,August 29,1985,p.6.
National Herald:NeyDelhi,rtuqust 24,1985,p.12.
National Hsrald:NewDelhi,August 25,1985,P.12.
National Herald:Delhi,August 27,1985,p.5.
National Herald:NewDelhi,August 29,1985,p. 6,
Indian Express:NewDelhi,August 29,1985,p. 6..
Indian Express:NewDelhi,August 30,1985,p.5. ? (
Nat iona l Herald:-NewDelhi ,August 30,1985,p .7 .
The Statesman:Delhi ,August 30,1985,p.6 ,
The Times of I n d i a !New Dsl | | i ,August 3 1 ,1985, p'.8.
- 16 -
Under Sections 106 and 116 of the Representation of
the People Act,1951 the respective High Courts and Supreme
Court are required to send a copy each of the orders passed
by them in election petitions. Gists of these orders are
published in this chapter with.a visu to acquaint readers
of the salient points of those orders. This issue contains
the gists of orders of High Courts in 3 election petitions ~
two from the High Court of Dudicature at Gauhati and one from
High Court of Dudicature at Allahabad (Luckiou Bench)* All
these petitions uers dismissed by the respective High Courts.
A common order of Supreme Court in 3 Civil Appeals uhich
challenged some interim orders passed by Allahabad .High
Court during trial of certain election petitions uas also
received. The Supreme Court by a common order allouad all
these appeals. Acting on the line of order passed by the
Supreme Court the Allahabad High Court dismissed these
election petition.
In addition to these an order of the High Court of
Kornatoka in the urit petition No,1126/85uas also received
by uhich it dismissed the contention of petitioner, u ho had
questioned the validity of disqualification order pnssed for
him issued by the Election Commission of India. The
gist of this order is also given in the following pa ge-s
alonquith the gists of the orders pa ssed by the High
Courts and Supreme Court, "
IN THE HIGH COURT OF JUDICATURE AT GAUHATI
(HIGH COURT CF ASSAM, N A GA LAND, PEG HA LA YA , MAN I PURAND TRIPURA) .*
(ELECTION PETITION NO.11 OF 1983)
Abdul Dabbar v .... Petiticrmer
Versus • ;
Syeda Anauara Taimur & others ...Respondents &
Tha election of respondent no.1 Shri Syeda Anauara
Taimur to the Legislative Assembly of Assam from
Dalgaon constituency at the general election held in
J983 uas challenged through this election petition by the
defeated candidate, Shri Abdul Dabbar on various grounds.
The maintainability of the petition was challenged by the
respondent stating that the election petition uas not
presented in the manner prescribed by section 80, 80A
and 81 of the Representation of the People Act, 1951 and th;
Rule 1 of the Chapter VIII of the Rules of High Court of
Gauhati which provides for presentation of an election
petition before the Stamp Reporter of the High Court. the
uas violation- of/provisions of the Constitution and
Representation of tho People Act, 1951 and uas thus
ultra vires. As such the election petition uhich uas
presented before the Stamp Reporter of the High Court uas
uorth to be dismissed. Other objections ucre as follousJ
(i) Election petition uas barred by the limitation
as it uas not filed on 8.4,83 i.e. the last date for
contd,....
- 18 ~
presenting the petition but uas filed only on
11.4,83. . ' " . . . . . . .
(ii) The nlocticn petition uas not presented by the
petitioner himself as required by section 81 (1) of the
Representation of the People Act, 1951. Instead, i t uas
filed by the counsel of the petitioner.
(iii) Section 81 (3) of the Representation of tho poople
Act, 1951 uas also violated In asmuch as no copy of
challan showing deposit, of Rs,2000/- as security deposit
UGS filed olonguith true copy of tho potition served on
the respondent.
(iv) The required number of copies of the election
petition wore not filed in the High Court.
The Court first of all took up the question of the
validity of its proscribed rule for filing or presentation
of an election petition. The respondent contented that
the rule providing for presentation of tho election
petition to Stamp Reporter uas vlolotivo of Article 329(b)
of the Constitution and Sections 80, BOA and 81 of
tho Representation of the People Act, 1951 because section 81
provides for presentation of the election petition to the
High Court, Articlo 226 of the Constitution stipulates
that every High Court shall consist of a Chief 3ustice and.
such other judges as President may, from time to time, decide,
to appoint. As such, it excludes officers of tho High
Court (like Stamp Reporter) other than Chief Dustico and
contd....,,
- 19 -
3udges, Hence, election petition must bo presented,
keeping in view the provision of Article 329(b) of the
Constitution arid Section 81 of the Representation of the
People Act, 1951, to the Chief Dustice or to a Dudge
of tho High Court. On this issue, tho Court observed
that section 81•has not specified the 'instrumentality1
through which the election-; petition is to be received,
Further tho High Court has the power to fcame rules under
Article 225 ofthe Constituti'on, Tha rules are not framed
under any provision of the Representation of the People
Act, 1951, Section 81 of the Act does not provide that
petition shall be presented to the Chief' Dustice or any
other 3udge under the Rules of the Gauhoti High Court,
Stamp Reporter is authorised to accept election petitions.
The Stamp Reporter is a limb of the High Court and not
the delegate of the Court, Hence the Court concluded
that the said Rules were not inconsistant with
Constitution or any provision of the Repesentation of
the eople Act, 1951 and over ruled the objection of
the petitioner,( , .
As regards the objection that the election petition
uas barred by limitation as it was filed on 11,4,83 and
not on 8.4.83 j-'.the last date for filing, tho . respondent
submitted that on 8.4,83, a bandh for 7 days uas called
inthe State of Assam and on 8.4,83 except for a feu
contd,,,.
- 20 -
Dudges, no office employee attended his duties in o f f ice ,
Shri Buzarbarua uho uas the Stomp Reporter and uho appeared
as a.uitness deposed that on 8,4.83, he could not come to
the office due to bandh c a l l . .Ho, however, came to the
High Court at about 12.30 hour as Mr. Snikia, Dy,Registrar(A)
informed him that the Deputy Registrar ( j ) had telephoned
the former to send him to the office to attend an urgent
duty relat ing to arr urgent pet i t ion. He uont to the
High Court as directed by Mr, Saikia and wont to the
office of the Deputy Registrar (3) at about 12.30 hours.
The Dy. Registrar (3) handed over the or ig inal election
peti t ion to him asking him to do the needful. The
Stamp Reporter stated that he did not sign the attendance
Register on 8,4.83. The High Court stated that the
non-existence of the signature of the Stamp Reporter
in the attendance register in the circumstances of the
case uas a ueak and negative evidence. This evidence uas
to be read alonguith the other evidence. Considering
the evidence on record, the High Court concluded that
the Commissioner of Oaths-cum-Stamp Reporter uas
present on 8.4,83 at about 12.30 hours.
The next question uhich arose for consideration uas
uhether the election peti t ion uas presented in terms
of the expression 'presentation' used in section 81. The
contd.. .«.
- 21 -
High Court stated that the uord 'presentation' had'many
different significations in the context and circumstances
in which it uas used. The dictionary meaning of 'prescntatio
is delivering; filing; showing. A mere depositing of the
petition and marking of filing by the clerk is not a filing.
The paper is said to be filed uhen it is delivered or
deposited to the proper office or custodian for keeping
it on fif-e, A file mark or endorsement on the petition
is merely an evidence of filing and not actual filing since
filing is delivery to the proper officer or clerk for
his acceptance for record in his office.
The evidence of Stamp Reporter showed that he
just put the rubber stamp of the Filing Section and
kept the petition in the almiroh of the Filing Assistant.
He did not make any entry in any register. His evidence
further showed that the dealing assistant was to scrutinise
first and then the petition was to be placed before
him for examination. He examined and scrutinised the
petition only on 11.4.83 according to the Rules of the
High Court. Therefore, he did not apply his mind to the
petition as he did not examine the petition on 8,4.03.
Though it was the duty of the Filing Assistant, he put
the filing mark. As already held by the High Court, mere
marking of filing mark is not actual filing. In this
view of the matter, there was no filing at all in accordance
with law and the filing was deemed to have been made on
11.4,83 in the context of tflis case.
contd,...
, - 2? -
As regards the objection that the election petit ion
uas not presented by tho petitioner himself, the Court
relying on decision of High Court of Madhya Pradesh in
Ramanlal's case, (AIR 1978.NOC 182, 56 ELR 174) and Supreme
Court's decision in A. Madan Mohan Us. Kalavakunda
Chandrasekhro,(AIR 1904 SC 071) ruled that peti t ion must
bo presented by the candidate and no one else and annot
advocate could/substitute a petitioner in that regard.
The advocate of the petitioner in his. evidence disclosed
that after an oath uas administered to the -petitioner, ho
lo f t the room of Stamp Reporter-curn-Oath Commissioner and
waited outside the room. The f i r s t page of the pet i t ion
showed that the peti t ion uas f i led by the petitioner through
his advocate. The High Court held that tho election
petit ion uas neither presented by tho petitioner himself
nor by his advocate in his immediate presence. I t thus
uphold the objection. :
The Court also held that requisite number of copies
of election petit ion wore not f i led at the ..time of
presentation of pet i t ion. Therefore, this objection of
the respondent uas also upheld.
As regards tho allegation that no copy of challan
showing, deposit of security uas f i l ed alonguith true
copy of petit ion served on respondent, the High Court
hold that tho respondent had fai led to prove his al legation.
The High Court, therefore, dismissed the election
peti t ion vide i t s order dated 6.8.85, uithout any order
to cos. ts .
- 23 -
IN THE GAUHATI HIGH COURT
(HIGH "CO! RT OF ASSAM, NAGA LAND, P1EGHA LA YA, MAN I PUR-; • ; , • ; AND TRIPURA)
(ELECTION PETITION NO.12 OF 1 9 8 3 )
Somesuar Borah . . . . P e t i t i o n e r
1 Us. " ,
Nagen Neog and others . , , .Resjpondents
The val idi ty of the election of Shri Nagen
Neog respondent no.1} who was elected to the Legislative
Assembly of Assam from Golaghat assembly constituency
in the general election held in 1983 was questioned
through th is pet i t ion on various grounds by the
pet i t ioner , uho was an elector of the constituency.
The respondent no.1 , however, raised the following
objections to the maintainability of the pet i t ion .
1. . Rule 1 of Chapter VIII-A of the Gauhati High
Court Rules which provides for presentation of the
election peti t ion before the Stamp Reporter of the ,of
High Court is ultravires/Ar t i d e 329(b) of the
Constitution and Section 169 of the Representation
of the People Act, 1951. . •
2. The said Rule which provides for presentation
of the petition before the Stamp Reporter of the High
Court is void, being violative of Sections 80, 80A
and 81 of t he Representation of the People Act, 1951.
contd. . , .
- 24 -
3, The election petition was presented before the
Stamp Reporter uho is not the prescribed authority for
presentation of the election petit ion.
4, The election petition was not present uithin
the prescribed period. .
5, ' There uas non-compliance of sub-saction (3)
of Section ,81 of the Representation of t he People
Act, 1951 inasmuch as copy of the petition attested
by the petitioner under his own signature to be a true
copy of the petition did. not accompany the notice
served on him.
The objections at (1} to (3) usps over-ruled
1)
by the High Court in view of i t s decision given in
election petition no.11 of 1983,
The othor two objections were uphold and the
election ^petition was summarily dismissed by the
High Court vide i ts order dated 6.8.i985.
i)f~or gist of this decision, please see pages 17-22of this issue.
- 25 -
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(LUCKNOU BENCH)
(LECTION PETITION NO.3 OF 1980)
• O • 0 0
Ashok Bajpni ~ . . .Peti t ioner
Smt. Kamlo Devi & others, ...Respondents
The petitioner Shri Ashok Bnjpai, a defeated candidate,
through this election petition, called in question the
ele'etion of the 1st respondent Srnt. Kamla Devi to theAssembly
Legislative/of Uttor Pradesh from 80-Pihani assembly
constituency at the general election held in May, 1900.
The margin of victory between the elected candidate and
the petitioner uas 105 votes only. The election of the
returned candidate uas questioned on the ground of
irregularity in tho counting of votes.
The petitioner alleged that A.R.O. Shri B.i7!,Singh
uas personally biased aoainst him and rendered a helping
hand to boost the election prospects of the returned
candidate. He said that when he uas Minister of Education,
he raceived complaints against the A.R.O, Shri B,PI.Singh
and therefore he get his transfer orders under the
order of the Chief Minister, Shri Singh however, got
this order stayed. He was therefore personally biased
against him. Further he being a Thakur by caste had a
leaning towards the elected candidate also a Thakur by
caste,
contd
— °6 ~
The following allegations uera made by tho
pcstitionsr t ' / •
1. Seals of some ballot boxes uera found tormored uith
and inspite of. the written.complaints, made by the counting
agents of the petitioner, t hs ballot, papers contained
in those ballot boxes wore included in counting,
2. On tho day of counting at about 5.00 p.m., there
uas a storm followed by rain which disrupted the electric
supply. The ballot papers of all the tables were ordered
to be placed back in the ballot boxes. But it was noticed
that ballot papers on one of tho counting tables i.e.
table No»10 were put in the bundles of ballot papers
of the elected candidate,
3« There was improper acceptance of invalid votes and
rejection of valid yotes,
4, There uas tampering of votes in respect of tendered
votes too. -. _ .".......
5, The A.R.O, did not keep and maintain the correct
record of counting of votes in Form 20 and there was
inconsistency in the recording of votes in Farm 16 and
Form 20.
6, During the counting of votes,, supporters of the
elected candidate stormed into'the counting hall and
created turmoil. In the meantime, grave irregularity& was committed,
of counting ' in the votes already counted^ Tho A.R.O.
meanwhile, declared the respondent no.1 elected,
contd,*..
• - 27 ~ , . . .
The pe.titionor also alleged that as A.R.O. uas
personally biased in favour of elected candidate. He
drafted such counting staff as would render a helping
hand in doing a l l these i r regular i t ies. The hidden
consent or connivance of A.R.O. uas there in a l l such
manipulation. On raising objections and filing•complaints
in writing by the counting agents, tho A.R.O, simply turned
them down without hearing. I t uas violation of lau.
The A.R.O, also turned down the application for the
recount af votes although i t uas f i led before the'
declaration of the result . . • . .
The respondent denied a l l these allegations. The
A,R,O. and D.E.O, uhn too were ma da parties, denied.'
allegations against them. The elected candidate also
prayed for summary dismissal of the petit ion as i t uas
not maintainable because of mis joinder of the parties and
as i t uas not accompanied by the proper af f idavi t .
Further, i t uas not verif ied in accordance with tho lau
and the security deposit uas not deposited. But the Court
rejected these objections raised by the respondent anil
proceeded to try the petit ion.; . ' -
The allegation of personal bias of the A.R.O. against
the petitioner and in favour of., the respondent uas held
n.otto be/proved as the petitioner fai led to substantiate his
allegation with material facts. Similarly, allegations
. contd.,.,»
i- 28 - '
of the supply of tuo jsepe for electioneering to elected
candidate by A.R.O, and addressing of tuo election
meetings in the' constituency in which Shri Singh,A,R.0.
tried to arouse and instigate caste feelings of tho 'Thakur'
to vote in favour cf the respondent, were also found by the
Court to be not proved as the witnesses produced by the
petitioner were got up witnesses and their evidences
could not be corroborated by material facts. The petitioner
.produced before the Court, copies of complaint uhich he
had sent to Chief Secretary, Uttar Pradesh, District
Election Officer and Shri B.f'i, Singh. But Court did not
accept them as not coroborated by any independent source.
Also there was no allegation about these tuo meetings
in the petition. . • V .
The petitioner also questioned the locus standi of
the A.R.O, to function and discharge his duties as such,
in view of the order passed by the Joint. Chief Electoral
Officer of Uttar Pradesh on 31.5.80 that some one else
should be appointed A.R.O. in place of Shri B.fi,Singh,
against whom the petitioner had lodged a complaint. The
petitioner alleged that uhen he filed his application
before the Returning Officer for change of the A.R.O,,
he inspite of the clear order of Dt, Chief Electoral Officer
dismissed his request. In his order, the Returning Officer
observed that after polling the ballot boxes were sealed
in presence of petitioner, he had not till then filed
contd,..,„
~ 29 -
any complaint against'him and allegations against
Shri Singh were vague and Shri Singh had already stopped
into the process of counting by receiving the ballot papers
Hence, he concluded that there uas no need to change A»R,O,,
Also the appointment of Shri Singh as A.R.O, uas approved
by the Election Commission. The Court observed that none
of the authorities passed any order for removing Shri
B.M. Singh from tho office of A.R.O, The order of
3i. Chief Electoral Officer, was only recommendatory and
uhich uos not accepted by Returning Officer. The Court
specifically pointed out that Section 22 of the Representa-
tion of the People Act, 1951 provided that Election •
Commission may appoint one or more persons to assist
Returning Officer, Shri Singh, uos appointed A.R.O.
by-the Commission. If the petitioner genuinely wanted
any replacement of Shri 3. M,Singh by some one else,
he should have approached the Election Commission and not
tha Chief Electoral Officer, Uttar Pradesh. Hence, this
contention uas also dismissed.
Regarding the allegation of tampered seals of ballot
boxes, the petitioner alleged that the ballot boxes of
three polling stations i.e. Itara, Gajua Khera and
Sikandrapur were broken. And one of ballot boxes uas
not brought in a bag, sealed or otheruise. The A.R.O. uas'
uhen approached in this regard, turned doun the objection
of the counting agents of tho petitioner, The Court held
contd, ...
:. - 30 -
that comploint about ballet box uith tampered seal was
received in respect of only ono ballot box of Itara palling
station and that top uas received after the counting of
Votes-, Ho had inspected the questioned ballot box and
found nothing inconsistent. The allegation uas dismissed
by the Court.
On the other allegations regarding counting, cf votes,
the Court held that protests for these were mode after
the counting of votes. The Court relied heavily on the
evidence of A.R.O, in this rogard. The order passed :
by the Returning Officer and evidence of the observer and
Dy. District Election Officer, Returning Officer etc, during
the counting uere also taken into the consideration by the
Court. The oral evidences by'the petitioner, too, could not
substantiate the allegation and documentary proofs put
up by the petitioner falsified even his own contentions.
The allegations uore dismissed as not proved and hence,
the order of the A.R.O, dismissing the request of recount
of the votes uas also held to be justified. The Court
did not grant the prayer for recounting of votes,
As none of the allegations uas proved, the pBtition
uas dismissed by the High Court vide its order dated
15.3.1984 uith costs. -
- 31 -
IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO,3702 (NCE) OF 1982 '
Rajendra Singh . . . . . A one l l a n t
Us.
,Smt, Us pa Rani & others . . . . . Respondents
' . ' Ui th
CIVIL APPEAL NO, 9 OF 1983
D.P.Goyal . . . . . A p p e l l a n t
.Vs.. . . .. . •
Raj Narain & others Respondents
and •
CIVIL APPEAL NO.10 OF 1983
Bisharnbhar Math Pandey & others . . . . A p p e l l a n t s
V s . •'
Raj Ncrain . .....Respondent
A div is ion bench of the Supreme Court comprising
Justices S.Murtaza Fazal A l l , A, Varadrajan and Ranganathas they
feiad aUL t.haae (
po in t of law and dismissed them i n l i m i n e .
A defeated candidate Smt. Usha Rani, through election
petit ion No.28 of 1980, called in question the election
of the elected candidate Shri Rajendra Singh to the
Legislative Assembly of Uttar Pradesh from 37"5~Iglas
assembly constituency at the general election held in
May, 1980 on certain grounds of corrupt practices.
contd.
— 32 —
At the very i n i t i a l stage of hearing of p e t i t i o n in ths
High Court, the appellant f i l e d an app l i ca t ion before the
Court- for re jec t ion of the e lec t ion t i t i t i o n on the ground
that the copy of e lec t ion pe t i t i on served on him was
neither at tested to be a true copy nor uas i t a' correct
copy of feh'3 crlqir.n 1 p e t i t i o n f ~s contemplated by the
provisions contained in sect ion 81 (3) of the Representation
of the People Act , 1951 and hence ths pe t i t i on uas worthy
'to be dismissed ' i n l imine under section 86 of the Act .
The a l lega t ion that the copy of the pe t i t i on served
on the respondent (appellant i n the ins tant case) contained
v i t a l ommissions and mistakes was not disputed by the
t pe t i t i oner (respondent i n the ins tant case) but the charge
of the appel lant uas rebutted and i t uas asserted that
the appellant had got a corrected copy of the p e t i t i o n .
However, the pe t i t ioner i ..G . respondent i n the ins tant
case, admitted i n the High Court that out of 22-23 copies
of pe t i t ions f i l e d by her, 10 copies were correct and usre
duly signed by her and the rest were l e f t wi th the
counsel u i t h ins t ruc t ions to get them corrected. DUB
to mixing of copies i n the reg i s t r y of High Court, i t uas
not un l i ke ly that the elected candidate might have received
uncorrected copy. But she could not prove that the copy
which the elected candidate had received uas corrected
copy. The High Court came to the conclusion that the
contd*. .«
- 33 -
respondent i .e . petitioner had f i l ed corrected copies
also and therefore he did not violate the provisions of
section 81(3) and i t Lias for the appellant to have chosen
the corrected copy from the two sets. The High Court
also invoked the doctrine of benefit of doubt in order
to curs non-compliance of mandatory provisions of
Section 81 (3).
This order of the High Court dated 2,8.82 was
v challenged by the elected candidate i .e . appellant in
the Supreme Court.which did not agree with the order of
High Court, The Supreme Court observed that l
"A perusal of sections 81(3) and 86 of the Actgives the impression that they do not contemplatef i l i n g of incorrect copies at a l l and i f an
••••••'.' election petition/disregards ths mandate containedin soction 81 (3) by f i l i n g incorrect copies,he takes the r isk of pet i t ion being dismissedin limine undsr section 86 of the R,P.Act,1951.And also that there uos no jus t i f i ca t ion ingiving benefit of dodbt to the petitioner assection 81 (3) of R.P.Act could not bo yquatod uithsection 537 of the/Cr. P.C.«.
The Supreme Court allowed the appeal vide i ts order
dated 27.2.1984 and directed the High Court that the
election pet i t ion bo disposed of as dismissed summarily
under section 86 of the Act, u i th no order as to costs,
Accordingly the election pet i t ion was dismissed by the
High Court of Allahabad vide it's order dated 5,9,84.
C iv i l Appeal Nos.9 and 10 of 1983;
Through these election petit ions, the petitioner
Shri Raj Narain. questioned the val id i ty of elections of
Shri u.P.Goyal and Shri Bishambhor Nath Pandey to the
c o n t d . . . . .
- 34 -
Council of States on certain grounds. When the case
camo up before the Court, an application for the amendment
of the petition by inserting page 17 in the original petition
was moved/which, uas allowed by the Hiqh Court. The
appellants (respondents in the election petitions), although
they hod received the copy of the election petition which
was amended, through an application prayed for the rejection
of election petitions because no amendment could be allowed
which would have the effect of defeating or bypassing the
provisions of section 81 (3) of the Representation of the
People Act,. 1951. The High Court, did not accede to the
request of appellants. Hence they moved to the Supreme
Court.
At the stage of the trial of appeals in the Supremo
Court, the name of Shri Bishambhar Math Pandey uas deleted
from the category of the appellants, as he hod been
appointed as the Governor, of Orissa. The counsel for the
respondent i.e. election petitioner submitted that'appellant1 s
objection about omendinq the petition was a highly
technical objection and d'id not cause any prejudice to
the appellant's because so far as the copies supplied to
them were corrected and contained page 17. The counsel
of the . appellant .i.e. elected candidate, contended that
the contention of the counsel of respondent could not cure
the invalidity of the original petition filed. The Court
admitted the submission of the appellant i.e. elected
c ontd,...
" - 3 5 -
candidate;, that mandate contained in para 81 (3) of the
Representation of? the People Act, 1951 enjoins that thoro
should be no dlfferonco whatsoever betuoon the copy of
pet i t ion served on 'respondent and f i l ed in or ig inal .
The Court'accepted the appeal, directed the High
Court to dispose of. petitions accordingly vide i ts
order dated 27,2.84. Before parting with cases, the
Supreme Court again quoted in i t s order i t s earl ier-
observations in Satyo Narain Vs. Dhuja Ram and others
(1974) 3 SCR 20.
''Our decision restores the primacy of procedureover just ice. I t makes s.86(i) a tyrannicalmaster. The r ig id i ty , of the rule of precedent,ties mo to i t s chains. Ply only hope now is thatParliament would make a just choice between thesocial interest in the supply of copies by theelection petitioner alongwith his election 'petit ionand the' social interest in the purity of electionby excluding s.8i(3) from the purview of s5.86(i)of the Act."
Accordingly the High Court of Allahabad dismissed
the petitions vide order dated 3.4.84,
- 36 -
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
WRIT PETITION MO. 1 1 2 6 / 8 5 .
N.IMagaraju .'. . . . Petitioner
- Versus -
1. Election Commission of India2. The Deputy Election Commissioner
and the Election Officer,Piysore. . . . . . Respondents
Through this petition, the petitioner, a defeated
candidate at the general election to Legislative
Assembly of Karnataka 1983 from 122-Heggadevanakote(SC)
assembly constituency and who was disqualified under
section 1OA of the Representation of the People Act,
1951 by Commission's order dated 7.9.1983 to contest
election for 3 years for his failure to lodge account
of his election expenses within the time and/or in
the manner prescribed by iaUj challenged the validity
of Commission's disqualification order.
The petitioner averred that he had lodged the
account of his election expenses within the stipulated
period of 30 days after his declaration of result,
as required by lau. He produced before the Court
photostat copy of so called statement of his election
expenses. He alleged that Election Commission issued
disqualification order without paying any head to the
statement of election, expenses submitted by
- 37 -
The Court on perusal of documentary proofs
produced by the Commission before it observed £hat the
petitioner had not lodgsd the account of his election
expenses and had sent only the communication dated
6.2,1983 which read as follows; -
"Uith reference to the aboue, I am herewithfurnishing the accounts of expanses inconnection with the General Election heldon 5.1.1983,
The expenses reached approximatelyto about Rs. 10,000/-. The said expensesmet are supported by my friends, companiansand relatives for which I have notmaintained any vouchers or so and the thingsare not purchased by me directly i!.
The communication sent by the petitioner did
not satisfy the requirement of law. The Commission
therefore issued notice to the petitioner calling
upon him to show cause as to why he should not be
disqualified for his failure to 1-jdge his day to day
account showing date of expenditure, nature of
expenditure, and date of payments etc. As the
petitioner did not submit any account he was
disqualified for not filing the account in the manner
required by law by impugned order dated 7.9.83,
The Court concluded that the petitioner's statement
that he lodged account of his. election expenses was
frivolous and photostat copies of the same which he
wanted Court to believe were fake. The Court upheld
the validity of Commission's disqualification order
and dismissed the petition vide its order dated
7,2,85, with costs awarded to the respondents.
-. - 38 -
CHAPTER - III
CA5E5 OF DISQUALI FICMTI_OJ\I
During the month of August f85, 76 pex'sons
uere disqualified under section 10A of the
Representation of the People Act, 1951 for failure
to lodge the accounts of election expanses at all
or within the time and/or in the manner required
by law. There was no case of removal or reduction
in the period of disqualification during the month,o f •
The names and addressee / the disqualified persons
are given1 in the annexures.
- 39 -
Name and a d d r e s sss s o f___ thia _ P e_£ s o_n 3 disqualifiedunder section IDA of the Representation of the
People net, 1951,
S.No. and Nameof Constituency,
T
Name and address ofthe persondisqual i f ied.
Date of Date onorder of which disq-disqual i - ualif icat ionfication. shall stand
, removed_ automatically,
""1 - 4 - -
A PfMDESH
1. 9-Reua
2, 9-R9ua
PLJHE:^PEOPLE
Shri Ramandra Kumar,. 7.8.85 7.8.88Loader Press,Subhash f^arg, ;
Ghdghur(Reua).
Shri Ram Das Yadav, . 7.8,85 7.8.8 8Mill, Etah,P.O.fiankahari, Dis-tt. • .
3 . 1,3-Raigarh
4. 36-Dhar(ST)
RA3ASTHAN
1. 25-Nagaur
2. 21-Pali
Shri Lalit Singh, 7.3.85 7.8.38Kunjemura,P.O. . • •Sara i ta la ,Teh» Ghargoda,
Distt» FJaigarh.
7.8,85 7.8.86Shri Sita Ram U'dia,Uill. Baluari, P.O.Dhani,Teh.GharampuriNadhya Pradesh.
Shri Nauab Khan, 7,8.85 7.8.88Masjid-Ke-Pas,Uill. Naua{Kuchaman Road)sDistt. Nagaur,Rajasthan.
Shri Chhagan LaiBharduaj," 7,8.35 7.8.8820, Himmat Nagar,Pali,Rajasthan.
Contd. . . .
% 40 -
1 - ~ 2. «
7.0.85
7.8.85
•7.8.85
7,3.85
7.8.85
£ _
7.8.88
RA3ASTHAI\i{Contd,
3. 21-Pali
4. 21-Pali
5. 21-Pali
6. 21-Pali:
7, 24-3odhpur
8, 24-Jodhpur
9. 24-Jadhpur•
10, 12-Ajmer
11, 12-,ijmer
12. 12-Ajmer
7.3.88
7,8.88
7,8.88
7.8.88
Shri Tej Raj,Badauaton Ki Gali,5ojat City,Rajas than,
Shri Ram Narain,Limba Bhauan 113-B,Mdrash Nagar Extn.Pali, Rajasthan.
Shri Laiit,Opposite PolideStation, Pali,Rajasthan.
Shri Saleem,Keriya Daruaza,Pali, Rajasthan.
Shri Anil Kumar,Rang Bhawan, KajiWada, noti Ch uk,Oodhpur,Rajasthan.
Shri Kav/al Mai Gang, 7.8.8513 0-Q, Shastri Nagar,3odhpur,Rajasthan.
Shri Zahoor Khan, , 7.8.85Sindh.ion—Ka-Bas,f1attuzon-Ki~Gali,Siwanchi Gate, '3odhpur, Rajasthan.
Shri 0m Prakash fiali, 7.8.85 7,8.88Pas-hchim Nehru Gate,Gali l\lo.1 , Beauar,Rajasthan. * :
Shri Kanti Lai .Mehta, 7.8.85 7.8.88I/ill. Karda,Post Karda,l/ia. Raniuara, Teh«Bhirmal,Distt,3alore,Rajasthan. -
Shri Nazir Ali, 7.8,85 7.8.88Will, & P.O. Alipura,Uia-3ethana,Ajmer,
Rajasthan.
7.8,88
7.8.88
- 41 -
RA3/,STHrtN(Contd
13. 13-Tonk
14. 13-Tonk
15. 7-Dausa "
16. 7-Dausa
17..7-Dausa
18. 7-Dausa
19. 3-Churu
20.' 3-Churu
21. 6-Jaipur
22, 6-Oaipur
Shri l/inod Kumar, 7.8.8b 7.8.88Daya Devi Gardep,Jhatuada, Jaipur ,•Ra jasthan.
Shri Shrauan, 7.8,85" 7.8.88Sanghpura,Purani Tonk,Tonk,Rajasthan.
Shri Sri Naraiaci, 7.8.85 7.0.86Vill. Chanuad,P.O.• HingO'tia,Teh.Dausa,Rajasthan. . • •
Shri Mrjun Singh(Saini)7.8.85 7.8.88khirki Daruaja,Ueir,Distt. Bharatpur,Rajasthan.
Shri Gajanand Soni, 7.3.85 7.G.88Sunaraon Ka Plohalla,Bassi,Distt. Jaipur,Rajasthan.
Shri Shambhu Oayal, 7.8.85 ' 7.8.88Sunderdas narg , Fianjanj ,Dausa,Distt. Jaipur.Rajasthan.
bhri Sheokat ali, 7.8,85 7.8.88Uard No. 30, Churu,Rajasthan.
Shri Yaad Ram, 7,8.85 7.8.88Gagoria Bhauan,Station area,Sadulpur,Rajasthan.
Shri Gajanand Soni, 7.8.85 7.8.88Sunaraon Ka Mohalla,Bassi,Distt.Jaipur,Rajasthan.
Shri Bhag Chand Ajmera,7.8.85 7.8.881056,Pahela Choraha,Uniara Fiao Ka Rasta,Chandpole Bazar,Jaipur.Rajasthan.
Cantd,.
- 42 -
N (Contd.) ' •
23. 6-Jaipur Shri Bhanuar Lai kumauat, 7.3.85 7.0.88Laipura Colony,Banasthali Marg,Jaipur,hajasthan.
24. 6-Jaipur • Shri Narayan Das Gandhi, 7.0.85 7.8.0059.Kanuar Nagar,Jaipur,
Rajasthan,
25. 5-Jaipur Shri Bal Krishan Khurana, 7.8.35 7.8.00• " Ram Gali No. 4,
Flat No. 122,AdarshNagar,Jaipur,Hajasthan.
26. 6-Jaipur Shri Seho Ram Fiaana, .7.8.05 7.8.88• I/ill. Sauai Gaitor,
P* 0, Jagatpura,-Tehsil Sanganor>Hajasthan.
27. 6-Jaipur Shri Haseen Ahmed Hashmi, 7.8.05 7.0.83Plot No. 26C,BanskhoHouse,Gangapale,Jaipur.Rajas than.
2J^
1 . 6-Jammu Shr i ChaudharyRam Suaroop, 7,8.05 7.0.88Plot No, 1 , Bakshi ' .
. . Nagar, Jammu.
2. 6-Jarnmu Shr i Subhas Chandsr\ 5 s t h i , 7,0.85 7.8.88
189,- Mphalla Paharian,Jammu.
3. 6~Jammu ' Sh r i Ha r j i t Singh, . 7,8.05 5,8,8824-Sector No.2,
. Nanak Nagar,Jammu.
Contd...
- 43 -
1
1 . 4-BombayS out ft
2, 4-BombaySouth
3. 4-BombaySouth
4. 4-BombaySouth
KEHALA
S h r i Zaheer Abbas R a z v i , 7 , 8 . 0 5 7 . 8 . 8 8M a r u a d i B u i l d i n g ,1 05-Ni -shanpada R o a d , 'Bornbay-9, : -:: • •
3hri Dadasa/neb Howlo,* 7»Q»05 7»8.0833-3, Mughhat CrossLanej Gorsgaon, ' / .Bombay-4.
S h r i Ramssh l / .Ffohta, - 7 . 8 .35 7 . 8 . 8 030-G, Bomarji Lane?Behind Bazargate, '"•Fire Bridgade Fort,Bombay, •
Sh r i Subhash Upadhyay, 7.8.05 7.8.8a4C-I I Bhoiuada Lane, •Bhuloshuar , Bombay» "' ,:
1 . 3-Badagara
2. 4 -Ca l i cu t
DELHI
Shri B.n.Sashtr i , 7.0.05Cheruvath,Thaya, . 'P.O. Keezhoor,Pin.673522,Ksrala.
Shri P.O.G. iMambiar, - . 7.8.35Suathanthra Bhawan,-P.O. neonangadi, ; |LJynad D i s t r i c t ,Kerala.
1 . 6-Qelhi Sadar Sh r i Mohan Lai Grovsr, 7.8.85B-10/12, Double Story,
' '•"-/ F l a t s , Ramosh Nagar,Delhi.
2. 4-East Delhi Smt. Hema Bhandari,C-2 9, Ind i ra Park,Delh i .
7.0.85
7.0.80.
7.0.83
7.8.88
7.0.88
Contd. . .
- 44 -
HIF1ACHAL PfiAOESH LEGISLATIVE ASSEMBLY
4-Jubbal Kotkh.aiShri Prakash -Chand,I / i l l . : Ptehand, 'P.O. Qochi,Tehsi l 3ubbal,D i s t t . Simla,Himachal Pradesh.
7.G,Qb
5-Chopal
3."21-Bilaspur
4. 22-Ghumaruin
5, 20-Nadaunta
6.•34-Nurpur
7. 47-Shahpur
0. 47-Shahpur
Shri Bhupinder Singh, 7.0.35I / i l l . & P.O. Jhiknipur,Teh. Chopal,D is t t . Simla,Himachal Pradesh.
Shri Narendet KumarPandit, 7.3.05S/o Shri Som'Nath,House-cum-shop No. 09A,Main Market, Bilaspur,Himachal Pradesh.
Shri.Hup Singh, 7,0.35Shri Chaudhari Ram,1/ i l i . Bani-Bhopral,Tehsil Ghumaruin,Distt. Biiaspur,Himachal Pradesh.
Shri Lekh Ram, . 7.0.05I/ill. Narkar, P.O.Nara, Teh. Barsar,Distt. Hamirpur,Himachal Pradesh.
Shri Pritam Singh, 7.0.05I/ill. & P.O. Giora,Tehsil Nurpur,'-'istt. Kangra,Himachal Pradesh.
Shri Karam Singh, 7.0.05I/ill. & P.O. Rait,Teh. & Distt. Kangra,Himachal Pradesh.
Shri Hans Raj, ' 7.0.05I/ill. & P 0. 0-arman,Tehsil & DistrictKangra,Himachal Pradesh.
7.0.00
7.0.00j
7.0,30
7.0.00
7*0.00
7,0* 00
7.0. 00
- 45 -
HlMaCHAL PRADESH(Contd,) . i
9. 63-Balh(SC) Shr i wnarit Ram, 7,0.05 7.0.80I / i l l , Nagchala,P , 0 « B a d s U j , ' ' •. •Teh.. Sadar, •Dist-U Tiandi,Himachal Pradesh. •• • ,- .. •
1 0 . 63-Balh(SC) Shri Karam Singh, 7.8.85 7.G.80Villages Kehar,P.O. Q Rajgarh> .Toh. Sadar,Dist t . •fiandi, Himachal Pradesh.
11 . 65-Dharampur Sh'ri Ram Nath, 7,8.85 7,8.83I / i l l . Sandoa,P.O. Qev Drarta, . -Teh. Sarkaghat,Distt . *Himachal Pradash.
12. 60-Handi Shri Prithv/i RajSharma, •• 7.8.85 7.8.88C/o Lakhan Pa l ,Tyre & Serv ic ing ,Simla Road, f'landi*Himachal Prsdosh.
AND KASHMIR v
1 . 59-Hanbir Shri Ashok Kumar Gupta, 7,8.85 '7.8.88Singh Pura I / i l l . K o t l i Shah Dul la ,
Tehsi l R.S.Pura,• • Jarnrnu and Kashmir.
•2, 59-Ranbir Shr i Janak Raj Sharma, 7.3,85 7.3.88Singh Pura R/o Miran Sahib,Teh. !
R.S, Pura, -Darnmu and Kashmir.
3. 59-Ranbir Shr i Ka ran Kumar, 7.0.85 7.8.80Singh Pura C/o K .K .Tex t i l e ,
below Gumat,3ammu,
4 , 59-Ranbir Shr i Ku lb i r Singh, 7.0.85 7.8,88Singh Pura R/o Chack Agra,
1 Teh. R.S.Pura,Jamrnu & Kashmir.
. • . - , C o n t d , . .
••• • • • - • • - 4 6 - ' . . , . ' : ) K • '. -
Z Z Z1Z Z Z Z Z Z Z Z Z Z2Z Z Z Z Z Z Z Z Z Z I Z Z Z Z4Z I• • • •
1. 12S- , i t t inga l Shr i N.Umarudean, . 7 .0 ,05 7 .0 .00Gharuvila l/oodu,Mudapuram P.O. , tC h i r a y i n k i l ,
'Trivandrum D i s t r i c t ,Kerala*
2. 120-Attingal Shri l\l. Mohanan, ' 7.0.35 7.0.80Pullanthara, , ._... •PadinjattGthara P.O.Pathanamthitta Dis t t .Kerala.
3. 120-Attingal Shri F.Rasheed, 7.0.05 ; 7*0.00.• . l/ilayil Pijthsnveedu,
f^udapuranr P.O.Chirayinkil,Kerala.
4. 120-Attingal . Shri Prabhakaran, 7.0.05 7.0.08Mannara Uoedu,l/ilayilmoola,Atfingal P.0,, :
Trivandrurn-District,K e r a l a . ' ' . . . . . . • • ' •
7,. 11 5-hamganjmandi •Shri Ram Chandra, 7.0.05 7.0.08Villager Kntar i ,P.O. Chechat,Teh. Ra^iganjmandi,District K ota,Rajasthan.-
2« 11 5-RamganJDjandi :
Shri Shyam Planohar, ' 7.0.85 7.0,00Village Modak,
• ' P.O. Modak Street ,Distr ict Kota,Rajasthan.
3. 100-Ladpura Shri Prabhu Lai, 7.8.85 7.0.00Village Ladpura,
• • Via Kaithoon,Distr ict Kota,Rajasthan.
Contd...
- 47 -
RAJASTHAN(Contd.)
4 , 107-Kota
5, 107-Kota
6. '1 07-Kota
7. 109-Oi-god
0. 109-Oigod
9, 109-Oigod
Shf i 'Kishan KumarKhetri, 7.0.05C/o Mohan Electronic &Electricals,Tippan Ki Chouki,Shripura, 'Kota,Rajasthan.
7.8S00
Sh r i Gajendra,105, Bapu Bazar,.Kota,Rajasthan.
7.8+05 7.8.30
Sh r i Ramosh Kumar Sharma, 7,8,05 7.8.00Near fiadha Kr ishanTemple* Oaduara,Kota 3 n . , Rajasthan.
Shri ashok Kumar,Teachers Colony,Gumanpura, K'ota>Rajasthan.
Shri Balkishan Neena,l/ i l lage Kundla,P.O. Shahapura,Tah. Mangrol,Q is t t . Kota,Rajasthan
7.0.35 7.8.38
7.0.65 7.8.80
Smt. Lal i ta OGUI, 7.8.85C-Cha-1, Uigyan Nagar,Kota, Rajasthan..
7.0.30
10, 18-Ratangarh Shri Satya Narain Ranua, 7.8.85 7.0.88Uard No, 16, Ratangarh*District Churu,
,' ' Rajasthan. .
11. 114-Chhabra Shri Kishan Lai UrfBishan Lai,Vill. Deori Jodh,
7.8.35 7.8.88
District Kota,Rajasthan.
Contd...
- 48 -
RA3ASTH/lf\i(Contd.)
12. 114-Chhabra Sbri Kssari Lai, 7.0.35 7.8.OSLJard No. 4,Chhipaboard,Dis t r ic t Kota,Rajasthan.
13. 114-Chhabra Shri Radha Kishan, 7.0.05 7.0.00l/illags Kadaiyauan,P.O. ka ta r i ,Teh« Chhabra,
* • D is t r ic t Kota,Rajas than.
14. 22-Sadulpur Shri Mahsndra Singh: , • l/erma, 7.0.05 7.8,08
Village & P.O.
Teh. Rampura Bary, • .Oist r ic t Churu,Rajasthan.
In addition to these following two persons from Rajasthan
uere also disqualif ied vide Commission1s order dated 8,7,85,
Hsnes their disquali f icat ion extends upto 8,7,88,
112-Kishanganj(ST) Shri Gobind Lai Saharia, 8.7,85 8,7.88P. O.Bhanuargarh,Dis t r ic t Kota,Rajnsthan.
110-Pepaldo (SC) Smt. Uimla, 8.7,85 .8,7,882-3-19,Toluan,Dis t r ic t Kota,Rajasthan,
49
..,PJ^£PAA,WJ?X A-^J.yW PETITIONS
During the month of Au -itjst' 85, the Commission
received int imation about disposal-.of -9 election
petit ions from di f ferent High Courts. No intimation
regarding disposal of any appeal in election matters
was received from the Supreme Court of India.
Details of election peti t ions f i l e d , disposed
of and pending' in- the High Courts and appeals in the
Supreme Court f o l louing (a)General Elections to the
Legislative assemblies held in 1977-79,(b) General
Election to the Lok Sabha held in 1 930 , (c:)' G eneral
Elections to the Legislative Assemblies,1980,(d)General
Election to the Legislative Assemblies,1982, (e)General
Elections to Legislative Assemblies,1'983 (f)G ensral
Elections to House of the Peopie, 1984(g)ueneral .
Elections to Legislative Assemb l ies 1984 and (h)General
Elections to Legislative Assemb lies,1985 are furnished
in the eight statements (1 to U I I l ) annexed'.
An appeal.relating to the year 1972 is also
pending in tho- Supreme Court. This appeal is against
the' order and judgment of High Court of Punjab and
Haryana in Election Petit ion No.27 of 1972 Uttam Singh
Us. Kirpal'Singh by -which the High Court had allowed -,
th e pet i t ion , .
- 50 -
As on 31.8.85,4?3 election petit ions and
40 sppeals uere pending in di f ferent High Courts and
Supreme Court respectively. A statement (l\!o.IX) showing
the periods for which these election petit ions in
dif ferent High Courts and appeals in the Supreme Court
are pending is also annexed.
" - " ... ^TATEfiENT - i ' "' ' ' •
•• • . • . (As on 31 . 8 . 8 5 )
S.Tio. Name of S ta te / """" £ . i£cEi / inLIE&^yI^Union Fifed .__.__._ P,isJH.9.sped.,.9X , ^.P0^ ''ing Fi led_ ^ ^^,9A.^Jl9.'^jLsJL^^n^-in2Terr i tory. Up to th'e DurirTj "th~e Total lip* to *th e 'B'urTng* '"""fo t s l
end of month • end of thelast last month
_ ~ __ _ «,rnrn^'L * _ •"' ««, nrsgjnth .'Tr~~.^dhra" PracTesFrT97?)"""2f'""" T f " " ' *"* " ~ ~ i " " - " " * 2 ~ " " - - v — - • g - - — ^ — ~ • — ^ - » — - —g— -~-^-2, Ass3m{i978) 9 9 . - 9 - 3 3 ; - 3 - :3 .Bihar (197?) 31 31 - 31 - 6 6 ' - 6 ~4,Haryana(iS77) , 7 7 - 7 - 2 1 '• - . 1 i5-.Himachal Prod esh {1977) 5 5 - . - 5 - - - • - - « •6.:iarnn-!uSKashrnir(i377) 19 19 - 19 - 4 4 - 4 •-7...Karnataka(i978) • 74 74 - 74 - 4 4 - 4 -e,Kera.la('1977) ' 19 19 - 19 - . 6 6 ' - 6 -g.Hadhya Pradesh(1 977) 2B 28 - 28 - . 6 6 - 6 -10.1*1 pharpshtra(i 978) 13 13 - 13 - 2 2 - . 2 - '11.Me3halaya(i97a) 1 1 " - 1 - -12,Np3alond(i978) 9 9 - 9 — 1 1 - 1 ~13.0r issa( i977j 6 6 - 6 1 1 114. Pun jab (1977) 16 16 - 16 - 10 10 „ 10 -15..Raiasthan(iD7*7) 18 18 - 18 - 4 4 - 4i6..Sikkirri(i979) 2 2 . . - 2 .,— » . - - . •17.Tamil Nadu(i977) 8 8 - 8 - 5 5 - 5 -18..Uttar Pradosh(i977) 37 37 - 37 - * 9 • . 7 - 7 219.Uesl Bengai(i977) 1 1 - ' 1 - - - -UNION TERRITDRX ' ' •T.FeThifTg77r™ 4 4 - 4 - - -2..Goa,Daman & D i u ( i 9 7 7 ) 1 ' 1 - • 1 - 1 1 - » 1 _3..r i i2oram(i97g) 2 2 - 2 - 2 2 - 2 ~4.Pondicherry(i977) 2 2 - 2 - - - ... - -
- , STATEMENT - I I
• • " • • • • • V ( A s on 3 1 . 8 . 8 5 )
Union T'ilecfZI.-Z.-..-^RkP£d3J^j£t^^Z,.^-.?end^r"9 ^ i ^ e d ^ ^ ^ jZTTspj^sjxi^jrf,21_£en'i ing "Ter r i t o ry - • . U'ptcT tFre' During " "Total LfpiTo ,5"uringToTal
o r i d o f . • • " • • - • • t h e ' .. t h e end ' t h el a s t ' month . • o f l a s t monthmonth month
I . A n d h r a Pradesh . 1 1 1 - - - -9 . B i h a r 14 11 - 1 1 3 3 1 - 1 23 . . G u j a r a t 2 2- . -• - 2 .- 3 3 ~ 1 S - -4 . H a r y a n a 1 1 - ": 1 — - - • • - . - . ' -5..Mimp.chal p r a d s s h 1 1 - . 1 . - - - . - < « .6.3ammu& K a s h m i r 2 ' 1 ~ 1 1 - - . . ~ - ^. . .7 . . K a r n a t a k n 1 1 ~ 1 1 1 - • 1 ~S . K a r a l a . 1 1 - 1 - - - ig .F l adhya P ra r i osh 4 4 - 4 2 2 , -. x 2 -1 O . . M a h a r s s h t r a 6 5 - '. 5 - 1 . - - : • - $'TUDrissa . 1 1 - 1 - - . r1?.,Rajas.than' 2 1 - . 1 1 1 - - - ' 1- '13'.Tamil Nadu" 1 1 - 1 1 1 . , 1 -t 4 . T r i p u r a 2 2 - 2 - 1 . 1 . - • -1 -15-.Uttar Pradesh 14 .13 ~ 13 1 3 . 2 2 i1 6 . . U e s t B e n g a l ' 2 2 . • » 2 « ' - - -1 7 - A r u n a c h a l P r a d e s h 1 1 •• 1 - 1 1 .1 ' -1 6 , D e l h i 2 2 - 2 ^ ~ - - . - - - '1 9 , D a d r a & N . H a u e l i 1 . 1 " - 1 - - - -
la^or^f ej^t i ^^ iniLbjsi Jii9JxJ^Q.uxt^ " " " - - •
'S • N o . N am e of S-t-a t e7"~" ' """XISLiSJl JilJAiti9,n,?,.,A!l, J^S^IMlIK0J^^^'~ ^E^Q^§^^^^?''^^r'^me'''^^rt^ '"'Union F i I odm^i___ J5A§£o.s.Gd....,Qrfi _.. _.,__ _ . _ _ . . _ P e n d i n g F i l ed_ ^ jfis^cTsedi 'of " " """" P e n dTn gTerr i tory (Jpto During Total 'Upto"""""Durrng"""Jr"'""To~tal
the . tho • the • . tho 'end of .month " Gnd of month
• las t . iast.^.^^ ^ ^ . --JUS-Q-f1 , v, , ., .__.._-_._ _ W?pth _ „ _ • „ •
1 . B ihar 39 27 27 12 3 3 •- 3 -2,Gujarat 5 4 - . 4 '1 1 1 - 1
- S.Kerala ' 8 8 - 8 - 2 2 " - ' 24,Nadhya Pradesh 23 23 ' - 23 - 5 4 ^ - 4 15.«riaharashtra 16 16 - 16 - ' 2 1 - 1 1S.^anipur 4 4 4 1 1 - 1 -7*0rissa 4 4 4 - - - . , - . -8.Punjab .. 42 41 « 41 . 1 11. 9 ' - .- 9 .29,.Rajasthan 20" 16 , » 16 4 - -10.Tamil Nadu 17 17 - 17 - . 11 9 - 9 2H . U t t a r Pradesh 29 ., 2 7 27 2 8 5 - 5 312.Arunachal Pradosh 1 1 - 1 ' - 1 1 - 1 ~13. Go a,Dam an &. Diu 2 £ » 2 - « - - -•12. Pondicherry . 1 L - 3 , - - - ' „ -t,. --T_ ._-L^_.,_-~-.. L-__r- -._„,-_-—, - _ ^ . - ^ - - ^ _ i ^ ~ ™ i --..-.-.-.j-..--.- - -g^j 20 45 3 6 „ 36 9
IiLfflka^_oX .s.lct^igji ij3GtiiLio,ns^filGd2__disEP^ed.^fJu.JlGndihr l in thel l i g j ^ Cpjjjrt_j3^ -—"—'- -
' • _ ' „» ~ (As-on 31.8.85)
Unic-n.;....." ' .1- :•- Fi'l°d,_^__^__.J^.isj3q^^d__g_^>._.__PendinQ f^lsd^.l ,^^ .^SSJ^MQMG^O'F lendingTe r r i t o r y '* " LS*p"to""th'e Cfuring TotaX LfpTo"""* "" UiTr'in'g'"* ToTLal
end of the •; -- •' • the end thelas t month - . of l as t month
' „ _ month __ _ _ m o n t h _ _ „ _ _ _ „ „ _
. 1 , H i m a o h a l - P r a d e s h " 1 2 1 2 - ..;.••- - 1 2 1 • 5 3 - 3 2
2 . Haryana . ' 27 27 '" .- - . 27 "* ' 1 7 1 ' 3 Z ' 1 3 v, 4
3.Kera la 15 " 14 - .:' 14 1 4 ^ • ' "" ^ " .
4VUas t Bengal 8 3 1 -4 4 " " - "
5.Nagaland ; 4 3 [ - ' - 3 1 2 1 1 1
TOTAL 66 ' 5 9 1 • :6Q 6 2B 21 - 21 7 •
. , - 55 - - :•> i
• • • • •, s , - i -
• ; •' •• ; ; ; ' 'HATEf^NT-Ji •
; J^JLb,Q^.JlL-.elq.ction peti t ions filed* t disposed..." o f_f pending in the?
" & "• . . . ' • . • . - • • • . - . . . ' 'f/'\ '• : \ • • ' • • • ' • ' • .: • (As. on 31.8.85)
S . l\l o'. N am a of S t°at"e7™~~" ~3!l2£ii£D-^S.??^^J^^D^C£iIlLG2l ^ H E S '"*"" ' 'qe'aTs^TrT 'Fh'^'^t^FiJnra'7^fiT" ^~Union . ^il°i««_TO.™,J^ile^ltLScL^L, ,__™_ pending Filod<_<-i_>__i^d^§^9J^.JDC,™,.ra^
sn"^iri9Ter r i to ry ' '; Upto the OuriiTg "TotaT™ UpFo tho During Tota l
end of the ' end of th o •l a s t , month ' ; .. ; l a s t month ,
- — . ^>™™, • • ' _„_-.• ___jigjith ^ , ^ _ ^ ^ __ ' month • " __^««._„_»_«„»».
1 . : AndhraHPr^dosh 39 34 - . . • 3.4 5 11 2 . ' ' -T^ ; 2 S
.2* Assam • • • 6 .' 1 . 2' '. . 3 3 - - ' ^ ' -* .
5 , • 3ammu & K a s h m i r ?6 1 1 ..• - ' 11 65 - <r • - ? • - • ~
4* Karnataka 22 20 1 ' . 21 1 ,4 * ' T •?• 4
SiMeghalaya ' 5 ,4 ^ 4 -1 •»• ^ , - ? • . . • *•• *
6»Tripura ' . 4 2 -r 2 2 - - - , .» „
7.Dolhi > 14 4 - . 4 10 1 . ~ • -. 1
•' . ' - TOTAL 166 76 .> 3 79 37 16 2 - ' 2 14
r 5 6 -
,• .. \ : '.."- J - •"."." . . ( A s o n . 3 1 . 8 . 8 5 ) .
. sTNo'rName"o"f S"t a't c "*~ """ ' l[J~E^Wjl,Sl?i^ ^"'££££^^k^^I[o^^tjcmQ ^o'u'rt""""~"°Union .. ^i^ed^^ ^^^^^^isjgp^sjjd^ ,5Jlr__,_J.1__J_,.,_,Pcnd ing. ^ i lG^^^^^ is jDDj^kT^F"* PendTngTerr i tory Upto the During Total Upto ' / " "During Total ;
: :.,..ond cf- the .,.;. thri end the ;
last \". month . 1 of last month
2•- Bihar 5 - - . - 5 - - . - . . ; - " .'.'- - . '3, Gujarat 2 - 1 1 • . . • - . -1 •••--,•- « , «. .._.:. ... », _ _ —
4... Haryana 2 1 f . , • - i 1- 1 s>.-f- _ • „ > « .5,f Dammu & Kashmir 2 - * ~ ' ~ 2 - , . • - - -6.i, Karnataka 1 - . ~ ... . ~ 1- - - „ _ „ Z.?,Kora la 1 - ~ - 1 i . - . s _ ^» j .8.. Pladhya Pradosh 2 , ~ - - 2 - - f -9.Maharashtra 2 1 1 - 1 • - ' - -10,0rissa 1 - - - 1 . _ i _ - i v
11..Uttar Pradesh 15 4 . • • - 4 1 1 2 - - - 212..Uost Bengal - 6 - ' - • - 6 " - - - - -11 .Lakshadueep 1 ~ - ~ . i < - .- - - . _
,14.Dadra & N.Havalii 1 , 1 : . - " 1 - % ^ - .. - . 115,D2lhi 4 - . - 4 . . ~ •••- "•• '
- 57 «
Ii!^ilR.f_J?JLJiLii^^ sS,i~JlQJldin 1 i-C1 the
; . . " '• • • . . . • • ( A s o r i 3 1 . 8 . 8 5 )
Union .• Filecl^__,3T1^J-JLELC_s"^ j rF _^ ^2,* _ IE^^Tng "" Fi 1 ed_ _ "*'" * 7'?i*ijipl£RC3JllE,i5itJ"r2QT e r r i t o r y iJpFo the During T o t a l " Upto" Th s* TjuVInV *t"nTal ""'*
ond o :f t h e . • e n d ' o f t h e~ l ° . s t •• . 'month - - • l a s t mon th .
_- _-> • jLLCLn '"1 _» »_- ^ month " • ' 1_^
1 , T a m i l Nadu 5 ' - ;. - 5 , - ~ ' • • -
2 , Flanipur ' 4 .— - - 4 - .' - -
3 , A r u n a c h a l P r a d e s h 1 - - • - 1 - - - •- _
• 4 # Go a Daman & D i u 1 ~ - ' - 1 - ' - - ' - -
. 5 , r i i z n m m . A - . - 1 « . . - . . .- » . . • - _ • --.
T O T A L 12 - - - 1 2 • - ' - - . • - . - • ,
- 58 -
iST^^BNT-UI^U . ...
J I l L ^ A l l i ^ ^ 1985.
ill:WJ2,PX,,^X,,IiJ^^ in tho
_ i« _.„.„. . .»-„_-«,.„ ^ - _ . _ _ __ _ _ -_ (As cm 31.8,85)
S. No, Name of s t a t o / £.|^J= :y%C.i-Ji£tiiJlian.£l .i(U J ^ ^. ililt1.. i ^ H ^ t s • Ji£LE°als An t h e SuoromG CourtUnion • Fifqd^^ .._.___ ,,_^iJllH§i:^lJ^L-«,w»™_^,^^ondin9 F"1i*:G'dQiJ2r'"rSS£P^Is*9'5'"oT" '""Tniid ipqT e r r i t o r y " ' ' .- "Tl*p"to* "to"" "" D'ur'ing" the ' 'TQCBX" U^ybo*"*""" ' D iJrlTi'g""ToT^iii-" "'^-^
t h e end month ' t h e end t h eof l a s t of l a s t month
1 . Andhra Pradosh ^ - ** " 17 - . " " - " • — ~ -^—- - — • — ~ : ^ _
2. Bihar . 45 1 " 1 44 "
3 . G u - j a r a t " ' 9 ^
4 . H i m a c h c l P r a d e s h 1 1 ^ . - 7 •
5 . K a r n a t a k o • 26 - , _ v - 26 - - -
6 . M a h a r a s h t r a • 26 1 3 4 22 - ~
7 . Madhya P r a : J o s h 54 1 - . 1 5 3 " ' - • "" '- ~
, O n s s a • 8 • " - " '
9 . • R a j a s t h a n 24 ~ ^ ' - 2 4 " '
i O « S i k k i m 2 "" ~ - •"" . " " . " " "; H . t l t t a r P r a d e s h 7 4 2 - . 2 72 _ - • " • " "
1 2 . P o n d i c h G r r y ^ ^ „ - ' 1 _ ~ „ _ « .
TOTAL 2 9 7 5 3 8 2 8 9 - -
— 5 9 —•
ST/iTEJ1ENT _-IX
STjYTEPiENT SHOWING PERIODS FOR. WHICH ELECTION TETITIONS
(ir\i;. F'L IJU i : ,'Li o
Name of Stato/ Loss than Bctuccn Sctuccn Bctuacn Oy/orUi 3-4 4unxun
nndhra PradeshA s s amBiharGujarat -Mary an aHirnachalPrad cshOamm&K n.shmirK arriatak aKeralaPiadhya PradeshPlanar asht raPi an i purFleghalayaNag aland0 r i s s aPunjabRajnsthanS ikkimTamil NaduTripurgiUttar PradeshUost 3ongalArunach alPradeshDalhiLakshdtucopMizora'mGOG Daman &DiuPondich crry
a y
fcT"22_4910
1
11O
271
5523'4
-—
9M l
24
'•5-
836
1
41
11
ea r
-
1
2
-
—--
—
-2 •
—
_
-
^
53—
-
-1—
_j-—1
2—-
—10
-1-
1 - 2
a
2-4
2
-
-1—1
—1
2-
—1--
2-3\ / Q p, •p Q
—
- -
•" 165 -• r
'I -
-
• „
1— . -
—-
24
—„
„
Havoli
1 5 —1 -
SAn appeal pond inn fo,r rnoro than 13 years relat ing to1972 general election.
- 60 .-
C H A P j £R -\j
A N C Y 5 T A W
At the end of August '85 there existed
33 vacancies in the House of People and 2 vacancies
in the Council of States. In the Legislative
Assemblies of various States there existed 7
vacancies whereas in the Legislative Councils
of various States, there were 132 vacancies. A
statement shouirig details of vacancies is given
in the following pages.
1 .2 .3 .4 .5 .6 .7 .8 .9 .
1 0 .1 1 .1 2 .1 3 .1 4 .1 5 .1 6 .1 7 .1 8 .1 9 .2 0 .2 1 .2 2 .
- 61 •;ABSTRACT- I
T o t a l number c f seTcFg^JTraT; 11/e B&u r
tfoT TMe'"'o"f S'tate"/^ "UnionTerritory.
11 z 1 2 1 z z z rAndhra PradeshAssamBiharGujaratHaryanaHirnachal PradeshJammu & KashmirKarnatakaKeralaMadhya PradeshMaharashtraflanipurMeghalayaNagalandOrissaPunjabRajasthanSikk.imTamil NaduTripuraUttar PradeshUest Bengal
UNION-TERRITORIES:
1 .2 .3 .4 .5.6 .7 .8 .9 .
C=R=NB:
Andaman & N.IslandsArunachal PradeshChandigarhDadra & N. HaveliDelhiGoa,Daman & DiuLakshadueepFlizorarnPondicherry
TOTAL:Casual vacancies.
jats In Ccic*TTs™an cT
"C?uHcTl*"(JjHaJ. "™""
",. Z3Z Z Z•18
7221 1 ..534
129
1619
1! 1
110
710
118
13416'
y• M B
3
-11
232
Vacancies due to re t i rement .
suncil ofvacancies
(As on
JT S'tiTteV"VacantL n
l Z Z 5 - , -— —— _- -- _— 1- _«- ' —_ _
_ _-
_ _— -
1_ —
_
— -
_ —
— —- _— —_ _
- -1 1
{Deta i ls of vacancies are shoun i n the
S taJ^es^ a_nd•
31.8 .1985) ,
Le'gTs l"a f i v e *T o t a l
.'. Z5Z Z Z Z *
96--
• -
36 v
63—-78--—
• -
-
-
_
63-
108-
_
——--—--
444
•
~CV
c"J
n , .
—
-
-
-
1-—--
—
----—----
——---——-
1
ounVTlj3_ca_rrt
Z Z 1 Z ~—.
34---8
21--8—--—-- •
-
21-
39
_
---
-—
131
enclosed statement.
sV
~ i ;
1 .2 .3 .4 .5 .6 .7 .3 .9 .
1 0 .1 1 .1 2 .13 .1 4 .15 .1 6 .1 7 .1 8 .1 9 .2 0 .2 1 .2 2 .
T..PAa.A number
No".~ Name'o? State"/"UnionTerr itorj£»
~ "" '" ~"2"~
Andhra PradeshAssam * ' *BiharGujaratHaryanaHimachal PradeshJammu & KashmirKarnatakaKeralaMadhya PradeshMaharashtraManipurMeghalayaNagalandOrissaPunjabRajasthan 'SikkimTamil NaduTripuraUttar PradeshWest Bengal
UNION TERRITORIES;1 .2 .3 .4 .5 .6 .7 .8 .9 .
Andaman o/'N. IslandArunachal PradeshChandigarhDadra & N. HaveliDelhiLakshadueepGoa,Daman & DiyMizoram'Pondicherry
— 62 -ABSTRACT - I
and vacancies.
House ofTotal
. ._ -„ ^ . ,
4214542610
46
28204048
221
211325
139
28542
s 12117.1211
th7~Ps1/aca
•" ~" 4"
141—-——_
—_
~1
131—_—.11
M M
—
—
—
1-———
i
Q i'l Q Q O P I i l l T O ^
(As on 31.8.1
ople Lsgislatnt Total
"5
2 94126324182
906876*
224140320288
606060
147117200
• 32234 '
60425294
30_
56@—
303030
985) .
I v e AssemTacant
' " ' •"" ™6~*
—
2_ '.2—1_1
—
_—
—__
1
)
___——M M
-
TOTAL 542 33 3997 7
NOTE: Details of vacancies are shoun in stat'emeHt e'ncTos'ed"."* Excluding 24 seats ear-marked for Pakistan occupied
Territory.** Assembly uas dissolved on 18.8.85,© Metropolitan Council Constituencies*
- 6 3 -VACANCIES IN P.ARLI.MEN1..AND STATE LEGISLATURES. .
(As on 3 1 . 8 . 8 5 ) ,
"""~name~~oj "StaVa " " ~Ncu o f No. and Name ~" Cause" of"*va"ca'ficy" "Date" cTf*~ " Da"te of"* '"" Remarks'seats . o f Cons t i tuency , vacancy. P o l l .\za_camt_._ ., . »» _.
: 1" "" Z Z Z - - ~ ~ 2~-'— - l i Z . " ™ " ^ _*"!-"Z.""-."Z. ™"~a-"ZZ-^Z~Z."™' Z_"Z..Z_""^_.Z_"Z."Z."Z."~6"J"_Z Z Z Z 7 ~ Z'"Z^XJUXiSSClE i^ I • •• ' COUNCIL OF STATES
1 . Jammu & Kashmir 1 By members By r e t i r emen t ' 10.1.84
i^iUSjiLJiiLCAIiCXES^ x . '. .
1. Uttar Pradesh 1 By members Resignation ' 14.5.85 - -
HOUSE OF THE .PEOPLE _ - . :
1.. ri3Sam ^4 All the 14 General • 31.12.84seats arG electionvacant. not held,
2. Bihar 1 23-Kisanganj Death ' " 2.7.85
3. Punjab 13 All the 13 Generals 31.12.84- 25.9.85saatsare Electionvacant.* not held.
4. Orissa . ^ 5-Kindrapara Resignation 25.3,85 . «. -
5. Rajasthan 1 3-Churu Death 22.6.85
6« Uttar Pradesh 1 5-Bijnor(SC) Death - 16.5.85 - -
7. Uest Bengal 1 41-Bolpur Death 5.5.85 ' -
fl. Dfiihi 1 1-South Delhi Death , 31,7.85
— — X. — — _ ._2_ „ __ .__ .„ ._„ „„____? 4. _ "" 5* """** ~* ~"g"~ —•"• — — — —_— — —
U B i h a r 3 4 M ai n aH L'?' Retired 11 m a mbsrs retired . - Information rsgardingNalanda L.M. on.6.5.78, 11 members constitution of. local
Saran L.A. constituenciss), is
si|- • . . - awaited from theGopal Ganj L.A.East Champaran L.A.Wast Champaran L.H.Fluzaf far pur L.M.Vaishali L.A.Sitamarhi L.A.Darbhanga L.M.i^iadhubani L.A.Samas t ipu r L.A.Ptonghyr L . M .Bcgusarai—cum—Khagaria L.A.Bhagalpur L./UPurnaa L.A.Katihar L.H.Santhalparganas ;L.A. '(2 seats)Hazaribagh L.H.Giridih L.A.Ranchi L.^.(2 seats)Palamau L.A.Dhanbad L.H.Singhbhum L , H . ( 2 s e a t s )f iadhepura L,A.
- 65 -
z z 11 ~ r z 11 z z z ~"3" z z"" ~* z z i z z z z z Z5Z z ~ z ~~~ " ~ — --- — — -- T2. Jammu and 8 By f-lL-ls Retired 5.9.84 . • . ' . . . ?
Kashmir Tahsil Kargil • '(1 s e a t ) , • ' .
JamrnU Province RGtired 11.9.84 - _.(4 seats) . •
Kashmir Province F\Gtired 11,9.84' - • • -.( 3 s e a t s )
3. Karnataka 21- Bidar L.A. Retired 7 members - Cettain local bodiesGulbarga- L.A, ' • retirsd on • • yet to bo constituted,Bijapur L.A. • ' 1.7.78,Belgaum L.A, 7 members(2 seats) retired onUttara 14.5.80 andKannada L.n. 7 members • .Qnaruad L.A. retired on(2 seats) ^ ,6.82.Haichur L.i\,Bcllary L.A.Chitrsdurga L.A.Shimoga L,A.Dakshina-Kannada L.A.Chickmagalur L,A-Hassan L. / i.Tumkur L #A.Plandya L.A.Sangalore L.A.Kolar L.A. •Kadagu L.a.Mysore L./i.
f- f, F f - 6 6 -
,° o 6
~ _ Jl .„ „ . „ 2 _ „„ _ _ 3_ __ ~ ~ ~ I Z Z "4 ' ~ " ~ " * 5 * " " " " f i " " " " " '" - ~ - -4 . Maharashtra 8 Nasik |_ ; Y ** ' • — « ., 5. .«. — . ^ __ Jf^ _ "~ ~
.Pune L.a'.' I Retired 7.7.8 2 _ Q
Osmanabad-cum- I of l o r . "°"~G X l s tance
B«sr:°r sis ? - ^ o n . -Hurangabad L.a. I fc b e h e l d -Parbhani L.a. fRaigad-cum- ' —-X- 'Singhdurg-cum- I - Retired 27.6.84Hatnagiri L,n.- I ' "" -do-Sang l i -cum- f 'Satara L.a. J ''Mmravati L./u { '
5. Tamil Nadu 21 f-iadns ,U M ' Retired 21.4.74 - R •
• . .., ' . Reconsttution of the
Madras Corparation(the• . ' - mombers of uhich
constitute the electorate)
Nilgir is L.M: f Bodies auaited(2 seats) fl%durai L.,:,. f , .
' (2 seats) |T i r u n a u o l i L.A. f " '( 2 seats) |
r°r3h r r ' U H- 1 R a t i r e d ^.^Te _ • •\£ seats; y —do-South Mrcot L.A. }(2 seats) ITirunchirapally- J
. Pudukkottai L.A. IT(2 seats) JKanyakumari L.A. j[
- 67 -
«. --. «•. _ 3 2.11 _ _ _ 1 3 3 _, Z Z _ Z -™4-. -. -• - I-1! I Z. £ .1 _ _ „ Z!_ Z 1 1 1 Z Z _ ZTamil Nadu. Thanjavur L.A. } Hetired ; 21.4.80 - Rsconstitution of(Contd.) { 2 seats) X • •. ' ' Local Bodies awaited,
• Salem-OharampurijlL.A. (2 s u a t s ) I x . -• ' i . . ' •' a '
"Ramanathapuram IL,A.(2 seats) |
6. LJttar Pradesh 39 Tchri Garhual L.A. Retired 26 riiornbers - . Raconstitution ofGarhual L.-A. |. ratirsd-on Local Bodies awaited.Kumaon L,M. i ' 5.5.80 andPloradabad - T 13 membersBijnor L.a. | r e t i r ed onRamour- .' j • 5.5.-82. .. 'B a r e i l l e y L.A. I )Badaun L.A. \pilibhit- jShahjohanpur L . n . fHardoi. L.A. |Kher i L . H . |S i tapur L.w. |Lucknou-LJnnao L?A^i'iae Bar a l l L.A. |Pratapgarh L . H , JSultanpur L.H. j(Bara Banki L.A. jBahraich L.A. IGon'da L i n . JFa i z a bad L.A. ][Bast i L . H . tGorakhpur L.A. |Deoria L.A. ?rtZamgarh L . H . J,Baliia L.H. %G h a z i p u r L . H . J
- 68 -
Uttar Pradesh 3aunpur L.A. \ Retired 26 members - Reconst i tut i °n of(Contd.) l/aranasi L.,n I ra t i r ed on Local Bodies v
Hirzapur L.A. | 5.5.80 and awaited,nllahafaad L.M, % 13 membersBanda-Hamirpur I rat i red onL.A. i 5.5.82,3hansi-3alaun- ILal i tpur L.A. 1 'Kanpur- jlPatehpur L.A. IEtauah- IFarrukhabad L.M.IAgra L.A. 1Piathura-Etah I
. • • Menauri L, .u I(2 seats) I-il iqarh L.A. I
. Buiandshahr L.M.IMeerut- |Ghaziabad L.A. |
v Piuza f farnagar— \Saharanpur L.A. |
I. 3amrnu & 1 By Kashmir HQgn. 11.6.83 - Panchayats in KashmirKashmir panchayat . province haUe not yet
... been constituted.
- 69 -; ,
" " " '~ ~™ "" ~~ 7-i' "' -- "~ ~ -z — ~- ~ ~~ ~" ^ „ 5 _ . « _ _ _ _ _ ™ _ _ _ _ . i . ~ . „ „ „ . „ . _ 1f\ i - ^ f • ^ * ^ ^ •^•^K VI— *tii*^fc»fc J f r f ••K** MMP <PBfc • • • * , 0*^^ ^ ^ ^ ^ ^^^» ^^^w ^^^V ^ ^ ^ ^ ^ P * ^ B ^ ^ ^ C™
1 ^^^w ^ ^ ^ ^ ^H^H " ^ " • - . * * • * ' ^ ^ ^ * * ^ ^ 1 ^ ^ P W 4 V ^ ^ ^Mt 4 H
L.EGI SLATI UE ASSEIfiBLI Y. '
1. Bih-r 2 120-f'ladhepura Death 8.4.84111-1.is -npur Death 8.4.85 -
2. Hiryan:: 2 3Q-hohtak Regn.) 16.8.85 ' 25.9.8531-Hahem Rsgn.)
Kashmir i' 48-Doda Declaration dt.18.4.63 of - The Commission's order dated 22.5.83,result uas cancelling the R.O's declaration ofcancelled and result and direction of repoll in 16repoll ordered in • polling stations was stayed by 3 & K16 polling stations '. High Court on 29,6.83 in writ petitionvide Commission's No. 291/83. On appeal by the Commissioorder dated ' • the Supreme Court vacated the High22.6.1983. Court's stay order on 19.7.83, and
directed the High Court to disposeof the urit petition expeditiously.The High Court decision in the writpetition is s till awaited.
4. Kerala 1 111-Ranni Death 22.3.85
5 . y Q s t • ~ •Banqal 1 51-AUrangabad Death 7 .6 ,85 - -
# • * * •
COMMISSIONS VIEWS' ON CERTAIN ASPECTS DP ELECTIONS
During the month of August'BS, Commission's views
on the following aspects of e l e c t i o n s appeared in a
s e c t i o n of the p r e s s .
1. Fresh r ev i s ion of e l e c t o r a l r o l l s in Assdm.
2, Prospects of holding po l l in Assam.
3', Effect of Assam accord on the process of r e v i s i o nof e l e c t o r a l r o l l s in Assam and a l so on a l l i e d i s sueof disenfranchisement of people in Assam who enteredi l l e g a l l y between 3anuary 1, 1966 and March'?"!,
4, Commission's stand on change of programme for theconduct of e l e c t i o n s in Punjab in view of changedsituation. . •
5. Production of birth certificate or citizenshipcertificate as substantive proof for inclusionof names in the electoral rolls in Assam,
6. S ivr-ygr being taken for free and peaceful poll.in Punjab.
7, Deployment of Army in Punjab during electioneering.
B. Commission's proposed scheme for extending the polltimo broadcasts to individual candidates ofrecognised political parties on an experimentalbasis in Punjab.
The "relevant press-clippings covering the above
aspectsare reproduced in the following pages.
~ 71 -
FRESH REVISION OF ROLLS DEPIAHDEQ
AA£U-A£GSP Joarn Hoots CEC
A Three member delegation of the Assam agitation
leaders today met the Chief Election Commissioner, Sri R.K,
Trivedi here and submitted a memorandum demanding d fresh
revision a? the electoral ro l ls in ths State uith rA
fresh set of Directives', Reports PTI.
They contended that the intensive revision
conducted in the State on the basis of 1971 ro l ls uas not «
legally tenable.
The delegation comprising Sri Prafulla Kumar
PTahant© and Sri Bhrigu Kumar Phukan,. . President and
General Secretary respectively of the A l l Assam Student's
Union (ASSU) and Sri Biraj Sharma, Convenor of the
A l l Assam Gana Sangram Par is had (AAGSP) sp-readheading the
foreign nationals agitat ion, also brought to the notice of
the Election Commission the instances of 'abnormal increase1
in the number of voters in about 50 of the tota l 126
constituencies.
Sri Trivedi told newsmen that he has pointed out to
the agitation leaders that the Commission has already asked
the Collectors and additional Chief Electoral Officers in
Assam to ensure that the orders passed by the Electoral
Registration Officers (ERO) on the claims and objections
were in conformity ui th the directions of the Commission*
contd,. . .
- 72 -
They have bean a-skod to rcsraui a l l those ensos where
Commission's directives uere "not s t r ic t ly fallowed both
iq the preparation of draft rolls and in the scrutiny, ho
Sr.id. f •
5ri Trivedi soid the specific instances of abnormal
increase in the number of voters in some constituencies,
as pointed out by the student leaders would be looked into.
Sri Trivsdi said he has told- the student loaders
that the Commission was willing to give more time for
filing of claims and objections.
Asked how long i t would take to finalise the electoral
rolls in Assam, the Chief Election Commissioner said ' i t
is more important that the rolls hove credibility even
if i t take some more time',
Sri Trivedi referred to complaints of very high
increase 'of votars in certain constituencies and said
the figures on which the complaints were.made were not
correct.
He asked the agitation leaders to meet the Deputy
Election'Commissioner, Sri V.Ramakrishnon tomorrow to
exchange notes on the latest figures.
After their meeting with the Election Commission
the Assam lenders told newsmen that they have given specific
instances"of very high increase in the number of voters
in a large number of constituencies.
They said in atleasfc 50 constituencies the increase
was more than 40 per cent in comparison with the 1971 ro l l s .
contd.,,
^- 73 -
Abhayopuri North and South Constituencies hr.d
registered nn increase of 189,92 per cent thoy said.
The student loaders in thsir msrnornndum complained
that the Stats Government had transferred a number of
Deputy Commissioners and Superintendents of Police during
the process of intensive revision with a design to pavs
the way for inclusion of non-citizen's names in the electoral
rolls .
The student landers also complained that those uho had
filed objections to the inclusion of names of the non-
citizens were harassed by the 'politicians of the ruling party
and the election machinery'.
They alleged that the Assam Government had 'planned
to sabotage the uhole process (of intensive revision) at the
stone of scrutiny of the rolls by using the police'.
Assam Tribune!Guuahoti,6,8.85
- 74 -
REVIEU OF ROLLS IN 13 ASSjU^ ASSEMBLY
The Election Commission, which had hoped to publish
the final electoral rolls for all the 126 Assam Assembly
constituencies by the middle of August and hold elections
to .1.3 Lok Sabha scats in October, will no longer adhere to
these dates. Instead, it would "like to uatch how it goes".
Tho Commission prefers to be careful and throughly
"check and recheck" the draft ro#ls of constituencies
where needed, according to the Deputy Election Commissioner,
Hr« V.Ramakrishnan, who talked to a delegation of Assa.m
students and other agitation leaders today.
The leaders had met the Chief Election Commissioner,
Mr, R»K,Trivedi, yesterday. They have said that the
increase in the number of voters in the draft rolls
in 30 constituencies in Lower AssaTn - in the districts
of Nowgong . Kamrup and Damn - has been "abnormally hi'gh"
compared to the 1971 rolls,
Uhilo the Commission does not appear to accept this
entirely, it has issued instructions that wherever tho
increase is too high, they should be rechecked by the
Deputy Commissioner and the Additional Chief Electoral
Officers to "confirm,that the Commission's directions have
been faithfully implemented", • This process of "rechecking"
applies to 13 constituencies,
: • • > contd , . , , , ,
- 75
Mr. Rnmakrishnon said the , e ID ctoral rolls should be
"broadly acceptable" to a l l -s ides . There had also been
complaints that some people of the minorities had been
loft out. That aspects uould also be looked into.
The final electoral rol ls for 25 Assambly consti-
tuencies hod been published in 3uly. Five rnoro have since
been finalized and 10 are almost ready,
PTI adds? The Assam delegation, comprising Mr«P.K», 'G9"
Flahanta and Mr. B.K.Phukan, president and general secretary ^
respectively. of theftASU, and Mr. B.'raj. Sharma convenor-
or the AAGSP, later said they were satisfied with today's
talks with the Commission officials. But they maintained that
the recheck should cover a l l the constituencies were the
increase is above 40%,
The constituencies where the fresh revision has been
ordered ore Gauripur, Biloshipnra Uest and East, Sidli,
Abhoyapuri North and Soufch, Daleshuar, Boko, Dhalukbari,
Borkhetri, Ohekiajuli, Samaguri and Nsobaisha,
UNI Addss Home Minister, Mr. S.B.Chavan u i l l visi t
Assam for tuo days from August 8 to meet leaders of different
organizations, including the AASU, in an effort to solve the
foreigners' issue, •
A senior Home Ministry official u i l l reach Guuahati
tomorrou to prepare the groundwork for th© talks which
are said to be at a crucial stage.
contd
I • - . - . • - 16 -
The Home Secretary, f'lr. R.D/Prarihan, uno visited
Assam tuice last month for negotiations, will accompany
Nr, Chav/an. . v ... . . .
The Cabinet Committee on Political Affairs, at a meeting
last .night, reviewed the progress made in tho officxal-lovcl
talks with tte agitation leaders last month.
The committee discussed the Government's approach
to the political demands by the agitation leaders.
A hurdle in the way of a settlement is said to be
the agitation leaders' demand for the resignation of the
Congress(I) Ministry and holding of elections.
The Statesman;Delhi,7.8.85
, ~ 77 -
, The Chief. Election Commissioner, Mr. R, K.Trivedi, yester
said elections in Assam could be held after October or Novemut*
at the earl iest .
Mr, Trivedi said in an intervieu that completion of
the current exercise of finalising tho rolls and preparing
the ground for elections uould take two to three months.
The Chief Election Commissioner said several other
factors like harvesting season, festivals, administrative
arrangements and availability of forces uould have to be
taken into consideration before fixing the dote.
Mr. Trivedi said the Assam Lau Minister, Mr. A,.
Majumdar, had met him on Tuesday and handed him a letter
from the Chief Minister, Mr Hiteshuar Saikio. Mr. Snikia
had sought further liberalisation of the Election Commission'3
guidelines regarding inclusion of names in the electoral rolls
at the scrutiny staqe. •
The Chief Election Commissioner said the Commission's
guidelines uere only suggestive and not exhaustive. Any
evidence uhich proved anyone's existence uould be accepted.
But there uere things like school certificate and ration
cards, uhich just could not be accepted, he said.
Replying to a question, Mr. Trivedi said the student
leaders, uhen they met him, uanted to knou uhat uould
happen if the cut-off yoar was changed,
contd.,,.
- 78 - .
The Chief Election Commissioner said he had told the
student landers that a fresh revision of the rolls would
take at least a year. . . . .
Mr, Trivedi said tho rolls far 1966 or 1967 uoro not
available in half the constituencies in Assam. The lau
says that the rolls hnve to be kept only for six years.
As such the authorities were not bound to keep it, he said»
The Chief Election Commissioner said only nou he had
issued instructions that one copy of all rolls in the State
should be kept as a permanent record. He said depending
nuisanceon the political £, lau ubuld have to be formulatedabout the cut-off year.
Amrita Bazar PntrikaJCalcutta,17.8.85
- 79 -
POLL PANEL TO GO AHEAD UITH ASSAM ROLLS UORK
The E lec t i on Commission i s going head u i t h the pro-1
poration of electoral ro l ls in Assam uith the 1971 voters'
l i s t as one of'ths .documents, \
Chisf Election Commissioner R.K.Trivedi told UNI
that electoral ro l ls were being prepared on tho basis of
the guidelines already issued by the Commission.
One of these guidelines is that the voters', name
should be in the electoral ro l ls including those of 1971.
Hs said the Election Commission was yot to be
informed of the Assam accord.
The Election Commission has been revising the
electoral ro l ls of the State treating tho earlier voters'
l i s t s , including the ones of 1971, as one of the basic
documents. The agitation loaders too have extended
"conditional support" to i t .
DISENFRANCHISEMENT: Election Commission sources said
that the Citizenship Act might have to be amended to allou
for the disenranchisement of a large number of people
found to have entered Assam i l l ega l l y between Danuory 1,
1966 and March 1971.
The di3enfranchisemont of these people is stipulated
in the Assam accord signed on August 14.
The Assam agitation leaders have complained against
tho draft electoral ro l ls from some of the constituencies
and the Election Commission had agreed to look into these
•complaints in 13 assembly constituencies',
contd.
. - . 80 -
Deputy election Commissioner V.Ramakrishnan, who w i l l
v i s i t Guuahati on August 19 to make an on-the-spot study
of the alleged i r regu lar i t ies in the preparation of the
" . . e lectoral ro l l s of the State, said he was f.at auare
••••-•• of hou disjrranehlsBment would be effected in Assam* The
- • Lau and Home Ministers must haue studied th is aspect
. ..in de ta i l , he added... • ... •
# - • He said in the. U.S.mapiy people uho immigratod from
Maxico and other couitttries were allowed to stay without
..- voting rights,. - .
Preparation of electoral r o l l s in Assam are nou i n the
.,.»- f i n a l stages. . . . . . .
c... Souffees said i f the Election . Commission is asked to
"- t reat the 1967 voters' l i s t as one o f the documents,
__ f ina l isa t ion of the "electoral ro l l s may be further' ' ' •
......delayed, A large number' of peonle, uhoso names appear .
i n the electoral ro l l s of 1971 but are deleted from the
.revised' 1985 r o l l s , may f i l e cases, complicating the-
_ s i tuat ion, the sources added,'- ...
Deccan Herald:Bangalore,1.8. B, 85- • .
- 81 -
Pun jQ.b to vjgjisses_s< situfj^tio n
The Election Commission hal asked the- Punjab^
Government to reassess the low nnd o?der situation" in •
the State following the assassination of Sant Horchoncl
Singh Longoual. > , . '
The Commission, which appears to be » keeping- i ts
options open on the question of holding elections on
September 22 as announced earl ier , is likely to take a
decision by Thursday on whether c'r not to issue the
notification, that will set the election process in motion.
The notification has to be-issued on'August 23,
as pe r the schedule announced by the Commission a feu
days ago.
The Chief"Election Commissioner, Mr. R.K.Trivedi
said on Wednesday that the Commission was not legally
bcunri to adhere to tha schedule announced by i t . The '
process is not legally on until the notification is issued,
nr Trivedi said he had sent a mossnge to the Chief
Secretary, Punjab, seeking an immediate review of the law
and order, situation in the State in view of the tragic
development on Tuesday. The,State Government has also been
asked to report back to the Commission on the opinion of
various poli t ical parties to the holding of elections,
: Describing the assassination of Sant Longowal as
"most shocking5' 1%, Trivedi said the situation stupified
everyone. The killing of the Sont had once again reopened
issues and put the clock back, he said,
contd. . . , .
'. .. - 82 - . . . •
Speaking to ..neus'rnan. .Et, Trlvodi said the Commission
would have to take a decision on the pol l keeping in view the
report of the state Government and the deadline of October 5,
uhon the President's rule ends in the state.
Since the Commission does not have an independent
machinery to either conduct the election or maintain lau
and order, i t is le f t with no choice but to accept the
assessment of the state authorit ies.
As regards the President's ru le, which is ending
on October 5, the Commission w i l l have no option but to go,
ahead with the election and complete the process ui thin
that date i f the Union Government is not wi l l ing to amend
the Constitution and extend President's ru le .
Fir Trivedi said in reply to a question that the
Commission could also put off the date of pol l even after
the not i f icat ion uas issued by i t * Under Section. 153
of the Representation of People Act, 1951, the Commission
can postpone the date of pol l ing.
» » » • • •
Indian Express:New ..Delhi, .•22.8,85
- 83 —
.§.IJT.H ,pB-9-9F BAgi5 F0R ASS AH 1/LITERS' LIST
The Election Commission has reiterated that
only substantive evidence like citizenship
certificate or birth register will bs accepted
for determining eligibility of voter in Assam.
The reiteration has come ostensibly in
response to efforts by responsible quarters to
get documents like ration cards and school leaving
certificates accepted as evidence of citizenship on
the plea that it would hasten the process of revision of
electoral rolls nou underway in Assam.
The last date for accepting claims and
objections for the revision of electoral rolls in
Assam has been extended upto September 28.
There will be special revision in the 13
constituencies where discrepancies had been
pointed out to the Election Commission by leaders :
of the movement against alien settlers in the
State, while in the remaining constituencies, time
has been extended in view of the request from the
Ministry of Home Affairs.
Deputy Election Commissioner, V.Kamakrishnan,
who returned from Assam after* overseeing tha
arrangements, said that this was being dona to
ensure that non-citizens are not enrolled and
eligible voters are not kept out of the electoral
rolls.
Mr• (Ramakrishnan said for these 13 constituencies,i
special arrangements wore beino made in the form ofI " .
an Additional Chief Electoral Officer each, having
the rank of a commissioner or a deputy commissioner.
Each of these officials would have adequate, police
support in the form of officer of the rank of a
DIG or an SP, assisted- by 15 sub-inspectors.
Six Central observers, to be appointed shortly,
will oversee their work.
He declined to speculate on the poll dates, but
pointed out that since the State Assembly last met on
3uly 17, the neu House would have to be constituted
by January 17 next.
The task of disposing claims and objections,
which are in large numbers and are bound to increase
with the extension of last date, would have to go on
uninterrupted by the Puja festival to ensure
early completion,he said.
- 8 5 -
Mr. Ramakrishnan had called on Chiof ninistsr
Hitesuar Saikia and also mut the movement leaders,
former legislators from minority carriinunities and
public organisations,
PTI adds from Guwahati: A three day crucial
convention of the All Assam Students Union (rt/iSU)
u/ill begin at North Lakhimpur in upper Assam on
September 27 where i t s present office bearers, are
likely to lay down office to enable them to contest the
ensuing Assembly election. /
The office bearers of the A/-\5U, who spearheaded the
six-year-old agitation u i l l make a bid to wrest
power from ths ruling Congrass-I.
. The executive committee of the AHSU, which met
in Guwahati on Friday, reviewed the post~accord
situation in the State and finalised i t s strategy
for implementing the memorandum of settlement.
No polit ical party
AASU leaders today categorically denied that
a new poli t ical party with Prafulla Mahanta as
president and fir Bhrigu Phukan as the vice-president
would be launched shortly.
Hindustan Times,New QGlhi,25.8.65
- 86 ~
No deployment of Army: Briefing haws man,
daputy Election Commissioner V. Ramakrishnan
said the commission1 s stand uias vary clear
that Army should nat bo directly, involved
in electioneering*
Patriot:30.8.85NBU Delhi.
- 87 -
Snip-nth polling to bo ensured in Punjab,
The Election Ccm.Tiission was assured by senior
officials of the Union Horns Ministry, Punjab and
Haryana Governments and Union Territory of Chandigarh
hers today that arrangements for smooth polling
in Punjab on September 25 uero being mads.
All India Radio promised to look into a suggestion
by the Chief Election Commissioner* Mr. R.K.Trivedi
for extensive use of the radio by the candidates of
recognized political parties as an experimantal
measure during the general elections to the
Punjab Assembly and for 13 seats, of the Lok Sabha
from the State. The scheme does not apply to
television.
The Punjab Government promised that every
candidate would be given protection during the
election campaign. Armed police and Central
paramilitary .forces were being deployed in a
big way but the army would not be directly
involved in guarding the polling stations.
1I!JJO wanted a reasonable guarantee about
security during the elections. That has been
given to us", Mr, V.Ramakrisbna, Deputy Election
Commissioner, told a Press conference this
afternoon.
- B8 -
In reply to a question whether the border
uculd be sealed during the elections, he said
the question did not comQ up. It was an
administrative matter and outside the Election
Commission's scapgj
The Punjab Government had reported that
the decision by one party to abstain from the
elections would not affect the polling.
. ' ' As the conditions appeared to be under
control, there was ho proposal to set up a camp
office of the Commission as had begji.done during
the Assembly elections in Bihar in March this
year in view of an atmosphere of violence.
The meeting was attended by the Punjab
Governor's. advisers, Chief Secretary, Home
Secretary, Chief Electoral Officer, Diroctor-
Gansral of Police, Punjab, the Union Home
Secretary, Fir. R,Q.Pradhan, senior officials of
of the Union Ministry of Homo Affairs, the
Qirecotr-General of (Ml India Radio and Director
from the Ministry of Information and Broadcasting,
The Chief Secretary of Haryana and the Home
Secretary of Chandigarh were also present.
The1 State Government assured the Election
Commission that they.were in a position to make
adequate arrangements for free, fair and peaceful
poll.
- 89 -
The Chief Electoral Officer has also confirmed
that he had procured all necessary material required
for the election and has made arrangements for
printing of ballot papers at the Government of India
press in Chandigarh and al^o at New Delhi.
The list of polling stations is to be
reviewed. Uhorevsr necessary auxiliary polling
stations would ba set up to facilitate voting
by the poor.
The Ministry of Home Affairs-.has agreed to
examine the requirements of Central forces and to
provide all lecassary assistance for conducting
the elections.
As in the past, senior officials of the
State Government would be appointed as the§
Commission's observers during the elections. Some
Central observers would also be appointed.
The Commission has stressed"the need for
ensuring an atmosphere of confidence and peace
among all sections of society. . ,
In his opening remarks, Mr.. Tri\/edi spoke
of the constitutional compulsion of holding
elections in Punjab subject to the law and order
situation. "All of us will agree that the State
is going to the polls after a series of traumatic
experiences a d- a great deal will depend upon the
assertion of the democratic rights and intentions
- 9 0 - " . •
of the enlightened suctions to brinn peaca and
normal conditions to the State.
"In the achievement of this, .objective, all
of us have to play a positive role* Us have to
recognize that a masting of this type which used
to be a routine matter oven when general elections
were called is not exactly so now", he told the
officials.
He said that leaders of the political
parties who visited the State should net only be
given every legitimate facility but also convincing
protection. The parties would h-av'e to keep the
district administration fully informed about,
their programme and movements in advance,
Haryana and Chandigarh being continguous
to Punjab could give useful intelligence to the
Punjab Government for maintaining order Haryana
was also having by-ele1*. sns which would have
a direct bearing on the Punjab accord.
Fir. Trivedi said that every candidate of
a recognized political party could have his say
on the radio-for about five minutes or so u<;
uithin the agreed framework applicable to
broadcasts by political parties. This would not
only enlighten public opinion but would also
reduce the need for public meetings."It is an
experiment worth trying so that if it succeeds
— 91 -
•in Punjab, it could b<> taken up elsGUhore". The
suggestion was in keeping with electoral raf-rms
already proposed.
About the model code of conduct for ;tho
parties, he said: "There soems to bo some confusion
about its applicability during. Prssiciont's Fvuls. I
should like., to clarify that the code of conduct
for the ruling party applies to tho State
Administration to the extent it is relevant for
election purposes. Thus, for instance, oven
though there is no ruling party as such the State
Government cannot make transfers ate. or make,
policy announcement ; or announcements promising
projects etc. during this period.
;•- "State functionaries cannot also lay
foundation stones. I would like this to be clearly
understood. Of course, as far as the political
. parties are concerned, one hopes that they would
meticulously observe the code in letter and
spirit".
He referred to the Supreme Court's recent
pronouncement holding the issue of Hukamnamas by
religious bodies in favour of candidates as a
violation of the election law attracting provisions
- 92 -
of disqualification. "I would also invite your
attention particularly to those; provisions in the
Representation of the People act, 1951 'which an
appeal in the name of religion race, caste,
community or language or promotion of feelings of
promotion of feelings of enqiity or hatred between
• different classes of citizens of India on grounds
of race, caste, community and language as corrupt
practices. These provisions should be widely
publicized through the Government media and the
PrQss".
\ Re farring to reports about a particular
section's plans to stay auay from the polls, he
said:"consistent with the Commission's views in
the past, I would like to reiterate that we haVe no
, quarrel with any one who wishes to abstain so long
as it does not clash with the other's right to
participate. But if it does, it certainly becomesi •
a matter of concern for every one and all of us
will have to ensure that the statutory right of
the participant or the democratic process i tself
is not thwarted".
Free Press Journal,•Bombay,
30.8 .85.
- 93 ~
Chief 'Election "Commissioner R.K,Trj.v/edi today
mooted the idea of.extending the poll-time
broadcasts to individual candidates of recognised
political parties, .on an experimental basis for
the Punjab elections.
Besides the poll broadcasts on radio and
television by representatives of recognised political
parties, Fir. Trivedi suggested that five-minute
time on radio should be considered for each
candidate of a.recognised party.
The suggestion was made at a meeting of
Central and State Government officials, Director
General of /ill India Radio, Mr. Suresh Mathur,
said ho would have the idea examined immediately.
Briefing newsman later, Deputy Election
Commissioner I/. Ramakrishnan said the idea was in
keeping with the poll body's view that the electronic
media should be inroasingly used for election
purposes. • , .
It is believed that the ieda of radio broadcasts
is to substitute them for•election rallies that
might cause security problems in Punjab.
- 94 -
The Government, would like to havo less of
poll .rallies, informed sourcas say, because it
would b.3 a tremendous constraint on security
arrangomants•
Sources in the Information and Broadcasting
Ministry were, hiuevar, sceptic about tho
proposal. Thsy pointed out that taking an
average of four candidates per constituency
for 117 constituencies, each getting five
minutes, uould mean too much time on the
radio natuark.
fir. Mathur, it is understood, pointed out
that such-a move uould require clearance
by-the Union Cabinet,'
Hindustan Times,Nsu Delhi,30.8.85.
- 95 ~
PRESS REPORTS [JN ELECTIONS AND POLITICALSYSTEMS OF FOREIGN COUNTRIES ANQOTHERMATTERS OF INTEREST.
During the month of August, 1985, a press
clipping about scheduled po l l in Nsu Caledonia
appeared in National Herald dated 29S8,85. The
press clipping is being reproduced below in f u l l .
France has f ixed September 29 as the date for
regional elections in i t s pacif ic t e r r i t o ry of
New Caledonia.
' A decree signed yesterday by Prime Minister
Laurent Fabius and published in today's o f f i c i a l
journal said candidates would hove- to declare
themselves by, September 9 and thes campaign would
open on September 14.
National Horald:New Delhi,29.8,1985.
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, 11313$
Eieetion Commission of India
C O N T E N T S_ _____,.„._ Pans No,
Chanter-I
Bocks and Articles 4 - 1 0
Chaptsr-11
Motes an judicial decisions in. election matters. 1 9 ,- 41
Chapter-III
Cases of Disqual i f icat ions. 42 - 61
Chapter-Il/
Disposal of election pet i t ions. 62 - 72
Chapter-!/
Vacancy statements. 73 - 83
Chapter-l/I
sion's uieuis and press-•-i r-t 4~ a n r*s n r iT f a i n ct c* . i p f Q
34 -103
Commission's uieuis and press-statements on certain aspectsof elections.
_Chapter-rl/II ' •
Changes in electoral laus and 109 -112procedures.
Chapter-Will
Delimitation of CounciJ ' . . „ ..,.' -Constituencies - Tamil Nadu
Chapter-IXRegistration of Pondicherry . 117-119Mannila Makkal Plunnani as registeredp o l i t i c a l party.
Chapter-X
"Use of eletronic voting machinesat ejections an" ar t i c le by Sri 120 -140Sr i ^.Ganesan,. F'ormor SecretaryElection Commission of India.
Chapter -XIGeneral Election to Lok Sabha «A* 'irqand Legislative Assembly-Punjab.
Chhpter-XIIBye elections.- . 159 -169
Chapter-XIIIPress reports en elections andpol i t ical systems of foreign -,,countries and ether matters of 170 -189interest.
The 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 rn Periodicals/
Newspapers, received in tne 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
Legislatues.
Thi» issue includes the following special Chapters also;
(i) Caneeual-Election to the House of People &
Legislative- /^ssambly; Punjab, 1 935,
(ii) Bye, elections to Legislatirs ,tasombly of Haryana,
(iii) Changes in electoral law & procedure .
(iv) Registration of Pondicherry Mannila nvakkal
Munnani as political party. . ,
(v) Use of Electronic l/oting Machines at elections -
and article by Sri K .Ganesan,Former Secretary
of Election Commission of India.
- 4 -
CHAPTER - I
' BOOKS AND ARTICLES
A feu books have been added to the Commission's
Library. The details of these books are given at
annexure I.
A number of articles on current political
issues and other matters of interest appeared in
various periodicals/newspapers, which uere received
in the Commission's Library during the month of
Sgptember '85. A list of such articles as are
considered to be of special interest is given as tt
annexure -II.
5 -
ANNEXURE -I
LIST OF BOOKS ADDED DURING SEPTENBER, 1985.
AUTHOR TITLE PUBLISHER
Gupta-, R.i.» Electoral Politics inIndia.
Delhi,DiscoveryPublishing House,1985.
London:Lodge,3uliet Direct elections to the
European Parliament.
Sexena,K,S. Indian Dernocracy -Recent Delhi Anmol, 1985.
Berlitz,Char las The Bermuda Triangle.
Fiance,Ministry Aspects of the Blackof Economy in India.
London,Grunadu,1983.
New Delhi ,Ministry of Finance,1985.
Shourie, A'run The Assassination andand others After.
New Delhi,Roli,1985.
- 6 -
ANNEXURE - I I
AUTHOR TITLE REFERENCE
A. FOREIGN ELECTIONS AND POLITICS
(a ) Magazines
Alv /a res , Claude
Gupta,Shekharand De Silva,Marvyn
(b) Newspapers
Phadnis,Shanker
Malhotra,Inder
Kamal,K. L.
Editorial
The Arrogance of Power.
This is an on the spotreport on the future ofPresident Ferdinand andImilda Flareos' reign inthe Philippines.
Back To The Battle Field
The correspondents,examine the Sri Lankanproblem in the contextof the renewed violenceand deportation ofmilitant Tamil leaders.
Lanka - Fremsuorki
For Accord*.
I l lus ive Peace In SriLanka; Hasty DecisionsWon't Help.
Pattern From Ayub To Zia,
Mugabe Got5ThsNam Job.
Neighbour Po l l s .
Reg. recent elections inNorway and Sweden.
IuJI: September15-21,1985,pp. 30-33.
India Today:September 16-30,1985, pp. 96-99.
The Hindustan Times:New Delhi,September5,1985, p .9 . v
The Times of India:New Delhi,September5,1985, p ,8 .
'National Herald:New Delhi,September10,1985, p .7 .
The Times of India:New Delhi,September16,1985,p.8.
The Hindustan Times:New Delhi,September17,1935, p. 9.
AUTHOR TITLE REFERENCE
Editorial The Swedish Elections. The Times of India:New Delhi,September17,1985,p.8.
Editorial Nordic Vote. Indian Express:D ., , -, 4. • New Delhi, SeptemberReg. the recent elections on 1Qpr ' cin Norway and Sweden. .
B. INDIAN ELECTIONS AND POLITICS .
(a) Magazines
Editorial Punjab Votes against Blitz:SeptemberTerrorism. 28,1985, p.2.The editor feels thatShri Rajiv Gandhi's faith,and trust in the peopleof Punjab has beenvindicated not in termsof votes and seats forthe Congress; but in themore fundamental sense ofpeaceful poll and sizeablevoter turn-out. People'sverdict has gone againstterrorism,
Chakraborty,Sujit Assam Accord ,-Pfv)' s Surya India:Second ace. September 1985,
pp. 15-16,
Dubey,Suman and Election Under The Gun. India Today:
JSZSnS1' The author* da-criba the ^ £ « , 3 0 ' 1 9 8 S -elaborate security Pr^ *arrangements includingthe sealing of the borderwith Pakistan in view of theboycott call by theUnited Akali Dal andAISSF.
Gaur,Sanjiv Punjab: Countdown to Sunday: Septemberthe P o l l . . 8-11,1985,pp.32-34.
AUTHOR TITLE PUBREFERENCE
Gandhi,Maneka
Goswami,Sabita
Gupte,Pranay
Johrson,Margurite
K othari,Rajni
Election•Re forms: Free>Fair Mnd Equal,
The author suggestedmany reforms whichinclude that prospectivecandidates should nurse theirconstituencies for fiveyears before contestingelections, that outsiderpolice force should beposted for the poll etc..
Onlooker:September7, 1985, pp.16-17& 39.
Assam Mccord PutsTribals In Jeopardy,
CUL-DE-SAC.
A fter tracing thegenesis of the growingconflict in Punjab, thewriter concludes thatit may take a long timefor the wounds to heal.
Punjab Elections-Growing Polarisation.
BlitzjS&ptember1985, p.7.
21
IUI:September 8-14,1985, pp. 14-17.
India Today:September 10-30,1985, pp. 68-69.
Time:September 2,1985,pp. 18-19.
A flan of Peace HasFallen.
The writer feels thatthe prospects for peacein Punjab now hinge onwhether moderates willclose ranks to combatterrorists. At themoment agents of hateand violence are Verymuch alive.
The Great Divide. IUI:September.... . , 1-7,1985, pp. 7-13.The author, a distinguished ' . r
political scientist analysesthe politics of communalismin India. He explains howcommunalism in a limitedsense, has be come thechild of secular politics.
- 9 -
AUTHOR TITLE
Kottary,Sailesh The Assassination AndAfter.The writer feels thatwith the death of SantLongowal terrorism movesto wards Cantre-stageand that terrorism cannotbe fought with bulletsbut can only be containedpo l i t i ca l means.
REFERENCE
IUIiSePtember 8-14,1985,
by
Nagi,Saroj Fear Is The Key. IUI:September 8-14,The author feels that even1985 ' P P* l 0 ~ 1 3 'a moderate turnout at theelection would give a fightingchance to the Punjab accordto survive the onslaughtof terrorism.
Namboodripad,E.M.S.
Noorani,A.G,
Are Governors Neceaaary, IUIrSeptamber 8-14,1985, pp. 26-29.
Collision Course. IUI:September 8-14,The a writer examines tha t 1 9 8 5 ' P p # 2 6 ~ 2 9 *relationship betweenPresidents and PrimeMinisters in the lightof recent speculationabout the r i f t between thePresident and the PM«
Pandit,Tooshar Assam: Tha Next Round. Sunday:September
ThP author feels that the UQ> W85> P P* 3 8 ~ 4
battle for the ballot inAssam is going to befierce.
Pandit,Tooshar Assam The End of aNight mare.Reg* the Assam accord andthe problems it hascreated.
ndit,R.U. uihat Should India'sForeign Policy Be?
Sunday:August25-31,1985, pp. 10-
Imprint:September1985, pp. 21T23-24,
AUTHOR
- 10 -
TITLE REFERENCE
Pardes i ,Gh^nshyam
Rag ha wan,A.
Rag havan,A.
Reiss,Spencer
Sahay,Anand,K.
Sethi ,Sunil,andThukrai,Gobind
Singh, Harden
Singh,Onfcar
Sharma,Rita
End of a Nightmare. IUI:September T-7,
The writer in the wake 1 9 8 5' PP* U"^7'of the assam accord, looksback at the milestones inthe longdrawn agitationand examines the chancesfar a lasting peace.
Rajiv Gambles On Punjab Blitz:September 7,ajPol l .
Uncertainty Ov/erhangsElections.
Reg, the forthcomingelections in Punjab. .
1985, p.9.
Blitz:September 14,1985, p.9.
The Death Of A Counciliator.
In the wake of Longowal'sassassination, thecorrespondent analyses howdeep is the Punjab problem.
: September
Vote They
Reg. Punjab elections.
Blitz:September 14,1984, pp. 1 & 23.
Punjab:Return To Uncertainty. India Today:On the assassintion of Sant September 1-15,Harchand Longowal and the 1985,pp.22-25,situation in Punjab. 27,29-30.
Punjab After Sant Lonqowal. Caravan:September(2nd),1985,
. pp. 10-13.
Long owal's_ Hurder-TheThe Price of Peace.
to
Surya India:Septembe1985, pp. 5-7.
The Akalis Be AllowedSunday:SeptemberWin? 15-21,1985,pp.25-26,
29Reg* the forthcoming *Punjab e lect ions.
- 11 -
AUTHOR TITLE
Singh,Khushuant Setback In Punjab.
The author speculateson the fate of the Punjabaccord after SantLongoual's death and feelscertain that the accordhold.
Thakur,Janardan Punjabi Elections AmidstTurmoil,
REFERENCE
Sunday:September1-8,1985,pV9.
Sunday; September2 2 - 2 8 , 1 9 8 5 , p p . 2 5 - 2 7 ,
Bordoloi,Utpal
(b) Newspapers
Kamath,PO.
Sinha,M.K.
Edi tor ia l
A Great Victory Or ATame Sell-Out?
The uriter feels thatbehind the tumultousrejoicing on the signingof the Assam accord, thereis a grou/ing feelingthat nothing much hasreally been achieved.
Onlooker:September22,1985, pp. 46-47.
The So-called AssamAccord.
The author alleges that"The Assam accord is acruel joke on all thethree parties: theinmigrants themselves,the government of UestBengal and the nssamesepeople".
Intelligence,Not Guns-Only Uay Of TackingTerrerism.
A Gimmink.
ReQ. the resignationof the Opposition MLAsfrom the Haryana Assemblyin protest against thePunjab accord.
ethe
Indian Express( Magazine )l\leu Oe lh i ,September 1,1985,p.2
The Statesman: DelhiSeptember 2,1985,p.6,
The Hindustani Times:New DQlhi,September2,1985, p,9.
.AUTHOR
J . S r i Raman
Edi to r ia l
Ngullie,T.A,
A bra ham, A . S ,
Ed i to r i a l
- 12 -
TITLE • .
Pills and Factionalpolitics.
JPunjab poll Calculus.
Impact of Congress InNagaland
Resil ience of theSystem—Restrrtive
of Elections.
Before The P o l l .
REFERENCE
Par t io t : IMeu D9 lhi ,September 4,1985,p.-4.
The Hindustan Times:Neu Delhi,September4,1985, p .9 .
National Heraldj-New Delhi,September6,1985, p . 8 .
The Times of India;Neu Delhi,September6,1985,p.8.
The Times of India;Neu Delhi,SeptemberHog. the situation in ' ~ "^ '^'"
Punjab before the polls . » ' °"» p# °*
Dasgupta,Swapan
Tharyan,P.
Uniyal,B.N.
Sinha,S.K.
Sinha,Arati
Akali Dai's Gamble -Hopes Pinned OnExpanding Core.
The Statesman:Delhi,September 6,1985,p.6.
Where Is TheOpposition ?
The Hindustan Times:Neu Delhi,Se tember,
The author discusses the7 '1 9 8 5 > p*9*role of the Oppositionin the present daypolitics .
Congress-Akali Patriot;Neu Delhi,Cooperation Prospects. September,7,1985,p.4.
After The Euphoria -Building f\ Pluralist icDemocracy.
Welcoming the Punjab andAssam accords, the authorwrites that their real testlies in implementation.
The Lok Pal:Uill i t Patriot:Neu Delhi,help improve the system. September,9,1985,p.4,
- 13 -
AUTHOR TITLE REFERENCE
Editorial On With The Poll .
Kakati,Satis C,
Shahabuddin,Syed
Shahabuddin,Syed
Editorial
Editorial
Editorial
Editorial
Roy, Nuraj
The Hindustan Times:New Delhi,September
Reg. the Lok Dai's 9 1985 D 9demand for postponing the ' »F». •Punjab elections.Poll Despite Threatof Violence.
Minorities In Assam-IAccord Uill Add ToEthnic Conflict.
Minorities In Assam-IIHarassing All ToDetect The Feu,
The. Statesman: Delhi,September 9,1985, p.6..
The Statesman:DelhiSeptember 9,1985,p.6.
The Statesman:Delhi,September 1 0,1 985,,p. 6.
Of Doubtful Legality.
RaQ• the elaboratearrangements for holdingelections in Punjab onSeptember 25 as scheduled.
The Times of India:New Delhi,September10,1985, p.8.
Narrowing The Target. Indian Express:NewRQg. the arrangements for Qelhi,Septemberthe forthcoming elections *in Punjab.Need of the hour.Reg. elections inPunjab.
Congr8ss(l) PollPledges. 7
National Heralds NauDelhi,September 10,1985, p.7,
National Herald:NewDelhi,September 11,198*5, p.7.
Longowal's Safcrific Not Patriot:New Delhi,i n v a i n » September 11,1985,
P.4.
AUTHOR
- 14 -
TITLE
Randhir,G,S. Punjab accord-IInstrument of peace,anity,
Randhir,G.S. Punjab accord-IIGenesis of boundaryrou.
Randhir,G.S. Punjab accord-IllSharing of river waters,
Randhir,G.S. Punjab accord-IVCentre-State relations.
Randhir,G.S. Punjab accord-\iAll India SikhGuruduaras Bi l l .
Randhir,G.S. Punjab accord-UIUheel of progressmoving.
Editorial
Editorial
Editorial
Chopra,V.O,
BJP's mendacity.
Reg, the manifestoesissued by BJP and INC(l)on the eve of Punjabelections.
* A Strange Election.
*P(jnjab Duet.
* Reg. the *manifastoes issued theAkali Dal and Cong(l)on tha eve of Punjabelections.
Crucial elections andunsettled issues.
On the forthcomingPunjab elections.
REFERENCE
National Herald:NeuDelhi,September 5,1985,pp. 1 & 4.
National Herald:NewDelhi,September 6,1985, p.12.
National Herald:NeuDelhi, September 7,1985, p.12.
National Herald:NeuDelhi,September 9,1985, p. 10National Herald:NeuDelhi,September 10,1985, p.12.
National Herald:NeuDelhi,September 11,1985, p.12
Patriot:Neu Delhi,September 12,1985,p.4.
The Times of India:Neu Delhi,September13,1985, p.8.
Indian Express:NeuDelhi,September 13,1985, p.6.
PatripttNeu Delhi,September 16,1965, p. 4,
- 15 -
AUTHOR TITLE REFERENCE
Guha,Samar The All Party Answer In The Statesman:Delhi,Punjab.Reg. Punjab elections.
Das Gupta ,S.P, Assam Accord AndImmigrants.
September 17,1985,p . 6 ,
The Hindustan Times:New Delhi ,September19,1985, p . 9 .
Sahay,S. A Close Look;Rajiv'Gandhi's Quick-Fix'Approach.Reg. Mr. Rajiv Gandhi'sefforts to solve differentproblems, both domestic andforeign.
The. Statesman: Delhi,September 19,1985,p.6.
Randhir,G.S. *Time to weed outmili tants .
National HeraJtd:NeUDekhi,September 17,1985, p.10.
Randhir, G.S. -Non issues to the fore. National Herald: NeuiDelhi,September 18,1985, p .10.
Randhir,G.S. *lv]assive response topoll process.
National Herald:NewDelhi,September 19,
*Reg. Punjab elections. 1 9 8 5» P.10..
Editorial The Punjab Elections. The Statesman:Delhi,September 20,1985,p.6.
Editorial Rajiv's Poll Campaign. National Herald:NeuReg. Shri Rajiv Gandhi's^ Delhi,September 20,poll campaign in Punjab. ' p* •
Sri Raman,3, Poll Prospects foraccord.
Reg. the Punjab accord.
Singh,Amrik Agreement Not Enough-Gesture To Heal SikhWounds Needed.
Editorial Punjabj After Polls .
Patriot:New Delhi,September 20,1985,p,4.
The Statesman:Delhi,September 21,1985,p,6.
Patriot:New Delhi,1
September 23,1985,p.4,
AUTHOR
- 16
TIKLE REFERENCE.
R a n d h i r , G . S , Pun jab p o l l s c e n e - ICong(l) better placed,
fiandhir,G.S. Punjab po l l scene-II
Doaba:Cong ( i ) on stronguicket.
Randhir,G.S. Punjab po l l scene-I l lAmritsar:Tough f ights .
Editorial
Editorial
*T iuar i qu i ts .
Chaula, IM.L,
*Exit Mr. T iua r i .
*Reg. the resignationof UP Chief Minister ShriN.D,Tiuari.
Electronic Media InPunjab Po l l ,
National Herald:NewDelhi,September 21,1985, p.10.
National Herald:NewDelhi,September 22,1985, p.10.
National Herald:NewDelhi,September*23,1985, p.10.
National Herald:NewDelhi,September 24,1985, p.5.
The Times of India:Neu Delhi,September24,1985,p.8,
Mitra,Chanidan Democracy On Trial:RealSignificance of PunjabPo l l .
Ed i tor ia l *l\leu Man in UP
Edi tor ia l *Change in UP.
Edi tor ia l *Change-over in UP,
Edi tor ia l ^Change In UP.
*F<eg. the change ofChief Minister of U.P.
Bharat Ram, Rajiv Gandhi -ImpressiveAchievements.
The Times of India:Neu Delhi,September24,1985, p.8.
The Statesman:DelhiSeptember 24,1985,p.6.
Indian Express: NeuDelhi,September 25,1985, p.6.
Patriot:Neu Delhi,September 25,1985,p.4,
National Herald:Neu Delhi,September25,1985, p.5.
The Hindustan Times:NeuDelhi,September25,1985, p.9.
The Hindustan Times:Neu. Delhi, September25,1985, p.9.
AUTHOR
Editorial
Editor ial
Editorial
Editorial
Editorial
S.Suru Dsv
Sahay,S.
Editorial
- 17 -
TITHE
* A Neu L ook.
*More Than A Reshu f f l e .
*Rajiu's 'new look'team.
*The Neu Team.
*Reg. the reshuffle ofthe Union Cabinet.
Voters' Triumph.
Reg. the Punjab pollthat passed off peacefully; ' p
REFERENCE.
Indian Express:NeuDelhi,September 26,1985, p.6.
The Statesman:DelhiSeptember 26,1985,p.6,
National Herald:NeuDelhi,September 26,1985,p.5.
The Hindustan Times:New Delhi,September26,1985,, p.9.
Indian. Express:NeuDeihijSeptember 26,
^ ^Newslette_r~Uncertain Wait" For theElections.
A Close Look -Need ForSound Oemocratic f\!orms<
A Drastic Surgery.
Reg. the racent Cabinetreshuffle.
Malhotra,Inder Fast-Changing CongressCms, - Unhealthy Impact
On Polity.
Editorial
Editorial
Editorial
A Victory.
Blou To Terrorism.
The Statesman:Delhi,September 26,1985,p.6.
The Statesman:Delhi,September 26,1985,p. 6.
The Times, of India:NeuDelhi,September 26,1985, p.8.
The Times of India:Neu Delhi,September26,1985, p .8 .
Indian Express:NeuDelhi,September 27,1985, p.6.
Patriot:Neu Delhi,Reg. the victory of Akali September 27,1985,Qal in Punjab elections. p 4
Triumph of sanity.
Reg. the outcome ofthe Punjab elections.
National Herald: 'Neu Delhi,September28,1985, p .5 .
AUTHOR
- 18 -
TITLE REFERENCE
Gadkari,3.P.
Editorial
Editorial
Editorial
Editorial
Chopra,\l .0 .
Editorial
Ganguli,Amulya
'Editorial
Flurad
Cracks surface inHegde's 3anata Gout.
*Need For Caution.
^Victory By Consensus.
*!_essons of the Poll .
*A Return To sanity.
*R ( the outcome of thePunjab elections,
Neu Turn in Punjabpolitics.
Congress in Punjab,
Patriot:Neu QSeptember 28,1985,p.4.
The Times of India;"Neu Delhi,September28,1985, p.8.
The Statesman:Delhi,,September 28,1985,p.-6.
Indian Express:NeuDelhi,September 281985, p.6.
The Hindustan Times:Neu Delhi,September28,1985, p.9.
Patriot;Neu Delhi,September 30,1985,p.4.
Patriot;Neu Delhi,September 30,1985,p.4.
Tuo Decades Of CPl(lvl): The Statesman: DelhiA Crisis At Every Turn.? September 30,1985,
p .' 8 .
Akali Government. Indian Express:NeuReg. the Akali Government0^1 'September 30,formed in Punjab under * P»°«Shri Surjit Singh Bernala.
Poll Presentation. The Hindustan Times:The ar t ic le describes as N e U Delhi,Septemberto hou Doordarshanpresented the Electionspecials of the Punjabelection results.
30,1985, p.9.
- 19 -
CHAPTER - II
NOTES ON JUDICIAL DECISIONS IN ELECTION NATTERS
Under Sections lO6and116 of the Representation
of the People Met, 1951,the respective High Courts
and Supreme Court are required to send a copy each
• f the orders passed by them in election petitions/
appeals. Gists of these orders are published in
this chapter with a view to acquinting readers of
the salient points of these •rders. This issue
contains the gists of the orders of High Courts in
two election petitions; one from High Court at
Gauhati and another from High Court at Patna,
Aggrieved by the judgment of the High Court at Patna,
the petitioner moved the Supreme Court which
allowed the appeal and found the elected candidate
guilty'of corrupt practice. Gists of these orders
are being given in the following pages.
M common judgment of the High Court at
Madras in writ petition Noa,11542and11543 of 1984,
regarding the' constitution of a political party
with the same name as that of an already
Contd...
- 20 -
existing party i .e . AIADITiK in the State Of
Tamil Nadu was also received. 'The High
Court rejected the petitioner's contention
that they had a right tn form such party
under the provisions of Article 19 of
Constitution. Tha said judgment is
reproduced in fu l l in the following pages.
- 21 -
IN THE GAUHATI HIGH COURT.
NO.(ELECTION PETITION/17 of 1983.)'
Masonsing Sang ma . . . Petitioner
- Versus -
Clifford Rechil Plarak & Others * . . Respondents
The petitioner, a defeated candidate, questioned
the validity of the election of Shri Clifford Rechil
liarak to the Legislative Assembly of Meghalaya
from 53-Chokpot constituency at the general election
held in February fG3, on the ground that the elected
candidate incurred expenditure in excess of the
permissible limit of Rs. 5000/- provided for Meghalaya.
It was alleged that leaving aside the expenditure
incurred on petrol for 2 vehicles used for electioneeri
purpose as well as other expenditure for engaging
election agents, polling agents etc., the respondent
incurred expenditure exceeding Rs. 5GQo/- on account
of printing posters and bills and pamphlets etc.
from the printing press alone and paid to the press
Rs. 4075/- on 7.2.03 and again 1000/- later onof -
the printings/hand bills etc.
The petitioner produced before the Court the
propietor of the printing press as a witness uho
deposed before the Court that appeals, pamphlets,
- 22 -
posters,hand bills and dummy ballot papers in
question uere printed in his press. But he could
not produce before the Court either a copy of the
order placed by the respondent or manuscript of
the papers printed thers . The Court did not rely
on his evidence as it uas not corroborated by any
independent source. The Court held his evidence to
be a coloured one. The Court noted that the petitioner
in his affidavit had declared that he did not have
any personal knowledge about the mischief but came
to knou about it from the proprietor °f the press.
The fact of payment of the amount by the returned
candidate also could not be proved as the Court did not
rely on the secondary source like carbon copy ofthat it uas
the bill etc. It helcJ/^mandatory on the part of the
petitioner under the Evidence Act, first to ask the
•returned candidate uho uas said to be having the
orginal copy of the questioned bill, to produce the
qrginal bill by issuing notice to him. If the
original bill uas not produced,then only duplicate copy
could be admitted as an evidence.
The Court held that none of the allegations
uas proved beyond doubt. Hence it dismissed the
election petition uith costs vide its order dated
24.4.85.
- 23 -
IN THE HIGH COURT OF JUDICATURE HT PATNA
( ELECTION PETITION No. 4 o f 1977 )
Dharmesh Prasad U
- l/ersus —
Faiyazul /izam
. . . Petitioner
. Respondents
The election petition was filed by Shri Dharmesh
Prasad, a defeated candidate, calling in question the
election of the respondent to the Bihar Legislative
Assembly from 5-Sikta assembly constituency in the
general election held in 1977.
The petitioner challenged the election on the
following grounds:-
1. That the respondent committed the co'xruptpractice within the contemplation of section123(5} of the Representation of the PeopleAct, 1951 by procuring and using jeeps andtractors with trailers for and free conveyanceof electors to the from various pollingstations on June 12, 1977.
2. That he exercised undue influence undersection 123(2) of the «ct by preventing thevoters from voting at various places mostly onthe day of poll and also earlier to thatand that bogus votes were also cast in placeof genuine voters.
3. That he made religious appeal in the name ofIslam to the ignorant Muslim voters ondifferent dates at different places that ifthey did not vote for the respondent, theIslam would be in danger because the JanataParty which was dominated by the JanSangh would not allow Islam to prosper andthey would create a Hindu Raj and he thuspromoted feelings of hatred and enmity
- 2 4 -
between the Mohammedan and Hindus and thuscommitted the corrupt practice under section123 (3) and(3M).
4. That the respondent procured the assistance'of Shri Ferakul Azam, an Executive Engineer,Irrigation,then posted at Katihar to furtherhis electoral prospects and he thus committedcorrupt practice under section 123(7)•
As regards the allegation regarding free
conveyance of voters listed at (1) above, it was
brought to the notice of the Court that on the day of
poll, one of the Jeeps belonging to one Shri Kabir
Ahmed, a friend of the respondent carrying five
female voters was seized by the District Magistrate
and Suptd. of Police. Although there were
discrepancies in the description of five ladies as
given in the election petition and the electoral roll,
the Court held that they were electors within the
me-aning of section 62 of the Representation of the
People Act, 1951 as they were allowed to vote and
their identity was net challenged. The High Court,
however, held that it could not be proved that the
3eep was hired or procured by the contesting candidate
or his election agent or by other agents with his
consent. The court considered a new ingredient
for constitution of the corrupt practice viz that the
procured vehicle must be used for the free
conveyance of the elector to or from the polling
station and held that this ingredient had also not
- 25 -
been proved. It. held that unless the jeep carrying
voters reached the polling station, carrying of voters
free of cost,on the Jeep uas merely an attempt
to commit the offence and as the Jeep had not
reached the polling station,it uas an attempt only.
The allegations. °f. hiring or procuring other Deeps
and tractors for free conveyance of voters were
also not proved.
The other allegations were also not proved.
The election petition uas dismissed by the
High Court vide its order dated 7.9.79 with costs.
- 26 -
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
(Civil appeal No. 3011 of 1979)
Dharmesh Prasaci Varma ~J . . appellant
- Versus -
Faiyazal azam . . . Respondent
1)
The appeal uas filed against the judgment
and order dated 7.9.79 of the Patna High Court
rejecting the election petition Mo. 4 of 1977.
Not satisfied with the decision of the High
Court, the appellant filed this appeal, uhere the
only allegation pressed uas the free conveyance
of voters to polling stations.
The Supreme Court did not agree.with the views
of the High Court that when one of the Jeeps uas
seized,no corrupt practice had been committed and
that there urns merely an attempt to commit the -
corrupt practice. It clarified that -
"In clause (5) of section 123,the word 'or'
is used in several places and the word 'and'
is used in two places in the first proviso
and the explanation. Prim a _facie, Parliament
must be deemed to have used the words 'or'
and 'and' for different) purposes or objects.T) Please see gist of High Court judgment in the
preceding pages.
- 27 -
I f thfe matter is res integra it could be said
that the main clause (5) consists of tu/o
separate parts, namely, (1) the hiring or
procuring, whether on payment or otherwise,
of any vehicle or Vessel by a candidate or
his agent or by any other person, with the
consent of a candidate or his election agent
for the.free conveyance of any elector to or
from any polling station, or (2) the use of
any vehicle or vessel by any candidate or his
agent or by any other person with the.consent
of a candidate or his.election agent for the
purpose of free conveyance of any elector to
or from any polling station. It is true that
in the latter part of clause (5) ,the word 'such'
is used before the words 'vehicle or vessel for
the free conveyance of any elector to or from
any polling station". But the matter is no
longer res integra ".
On the basis of the evidence and the fact that
the allegation was rebutted by the respondent only
who was an interested witness and that his friend ,
Shri Kabir /.hmed, whose jeep was seized while
carrying voters, was .not called as a witness to
rebut the allegation, the Supreme Court held
that the respondent was guilty of hiring or
- 2 B • -
freeprocurring the seized jeep for the/conveyance of
voters. It allowed the appeal vide its order
dated 17.7.&4 in the following words; '
fI The appellant has thus proved satisfactorily
all the three requirements of clause (5)
-of section 123 of the Act. The respondent
has, therefore, to be held guilty of corrupt
practice falling under the clause which is
ordinarily difficult to prove. Ue think
that such corrupt practice which is very
largely resorted to in the elections could be
avoided by either locating polling booths within
walking distance of the electors or by having ,
mobile polling stations. We accordingly allow
this appeal in regard to this item of corrupt
practice alone with costs quantified at Rs. 5,000
" . and hold that the respondent was guilty of
corrupt practice under section 123(5) of the
net in regard to his election in 1977 as a
member of the Bihar Legislative Assembly from
No. 5- Sikta Constituency in Uest Champaran
district".
- 29 - ,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION )
Monday, the tuentysixth day of November
One thousand nine hundred and eighty four
- • Present:
The Honourable Mr. Justice Matarajan
LJrit Petition Nos. 11542 and 11543 of 1984
1. S.D.Somasundaram
2. P.S.Kandasamy
3. K. Soundararajan
4. N. Pandauinathan
5. H.R.Ilange • . . Petitioners in both theLJ.Ps.
- . l /s . , •
1. All India Anna QravidaMunnetra Kazhagam, rep. by itsOrganising Secretary,ThirumathiSathyavanimuthu
2. p.U.Shanmugham, General SecretaryAll India anna Dravida MunnetraKazhagam
3. The Eleventh Asst. City CivilJudge, City Civil Court, Madras.104
4. The Election Commission, l\leu Delhi .. Respondents in, both the bJ.Ps.
U.P. 11542 of 1984:-
Petition under Article 226 of the Constitution
of India, praying that in the circumstances stated
therein, and in the affidavit filed therewith
~ 30 -
the High Court will ba pleased to issue a Urit of
declaration to declare the petitioners have the
right to form =* political party to be known as "Anna
Dravida. Fiunnetra Kazhagam" and to have party flag
of their choice,
LJ.P.No. 1154 3 of 1984s -
Petition under Article 226 of the Constitution
of India praying that in the circumstances stated
therein and in the affidavit filed therewith High
Court will be pleased to set aside the Common Order "
of the third respondent dated 26.9.1984 in I.A.No,
16396 and 17076/04 in O.S.No. 6856 of 1984 and
G.S, 71261/84 as the same has been passed without
jurisdiction.
Lirder: — These Urit Petitions coming on for orders as
to admission con this day upon perusing the petition
and the affidavit filed insupport thereof and upon
hearing the arguments of Mr. Govindasuaminathan
.advocate for Pl/s R. Sukantha Raj, R.P. Kabilan and
Fl» Surilivel advocates for the Respondents, the court
made the following Order: ~
The two petitions have been filed by the same
set of petitioners for securing reliefs of a connected
nature. The former petition has been filed under
Article 226 of the Constitution praying for the
issue of a urit of declaration or any other
appropriate writ, order or direction in the nature
of a urit to declare that the'petitionsrs have the
right to form a political party to be. knoun as
'Anna Dravida Munnetra Kazhagam1 and to have a party
flag of their choice, The latter petition has been
filed under Articles 226 and 227 of the-- Constitution
praying for the setting aside of a common order issued
by the XI Assistant Judge, City Civil Court, Madras,
in I.H. Nos. 16396 and 17076 of 19G4 in U.S.Nos. 6856
and 7126 of 1984 on the ground that the order has
bean passed without jurisdiction.
2. The office entertained doubts about the
maintainability of the two petitions and hence the
petitions uere posted for arguments regarding the
question of maintainability. after hearing the
arguments of Mr, Govind Suaminathan, learned counsel for
the petitioners, this Court directed the office to
number the petitions and post them for consideration
of the questions of maintainability as well as admissib.-*
ility, since the tuo questions are integrally connected.
Accordingly, the petitions uere numbered and uere
listed for admission on 3.11.19B4. Mr. Govind Suaminathan
advanced arguments regarding the question of
maintainability as uell as the admissibility of the
petitions. .
32 ~
3. In both the pet i t ions, the 1st petit ioner is
Thiru S.D.Somasundaram, who was t i l l recently a member
of the Cabinet headed by Thiru Fl,G»Rarnachandran, leader
of tho Mil India Anna (jravida Piunnetra Kazhagam party,
which w i l l hereinafter be referred to as ' AIMDPIK'
party. Our account of differences of opinion cropping
up, the 1st petit ioner ceased to hold the off ice of
Minister and also ceased to be a member of the AlAQI Ik
party. Thereafter, on 5.9.1984 he formed a new po l i t i ca l
party and decided to ca l l i t 'Anna .Jravida Munnetra
Kazhagam '(hereinafter shortly referred to as 'AQFK
Party)' I t uas also decided to have a t r i -colour flag
of the party with the colours of black,, white and red, in
equal proportion. The 1st respondent, the Organising
Sa-cretary of the MIAUm party f i led a suit. O.S.No.
6356 of 1984 on the f i l e of the City C iv i l Court,
Madras, en the very next day, i.e.6.9,1984 and obtained
an order of interim injunction restraining the petitioners
and others from forming the new party under the name
'Anna Jravida Munnetra Kazhagam1 and using a flag
with the colours 'blauk, white and red in equal
proportion". The XI Assistant Judge, City C iv i l
Court, granted ex-parte interim injunction and
subsequently, after considering tho objections of
-33 -
the petitioners* herein, the Judge has confirmed the
order of injunction. Ths 2nd respondent and four
others filed another suit u.3.7125 of 1934 on the
file of the very same court for the same reliefs
and interim injunction was granted in I.ri. 17076 of
1984 filed by tht^alscu The petitioners herein filed
a petition before the Supreme Court to have the order
annulled. The Supreme Court directed the petitioners •
to approach the High Court for relief. Hence, the
petitioners have filed these tuc petitions.
In the first petition, it is averred that
a right to form an association is a fundamental
right ( article 19(1)(C) and the- said fundamental
right can be restricted only to the limited extent
envisaged in clause (4) of article 19. Ijz is further
ur.ged that if there is any dispute betuoen political
parties, it is only the Election Commission of India,
which can adjudicate the dispute and not'the civil court,
as it has no jurisdiction to adjudicate on such
disputes as per Article 329 of the Constitution. The
petitioners hove therefore prayed for the issue of a
writ of declaration.
It is true that Article 19(1){C) confers
fundamental right on every citizen to form associations
or unions. Clause (4) of Article 19 provides that the'
fundamental right can be restricted only to the extent
- - 34 -
of curtailment of right in the interests of ths
sover sicnty and integrity of India or public order
or morality. Notwithstanding this provision. I am
afraid tho petitioners' prayer for the writ petition
being admitted and a rule being issued cannot be
accepted because in the instant case, the formation
of a political party by the petitioners is not
objected to, nor has the City Civil Court forbidden
the petitioners from forming a political party at
all. On the other hand, what has been injuncted is,
the naming of the neuly formed party as 'Anna Dravida
Plunnetra Kazhagam' and the using of a flag containing
the clours 'black and red at the top and bottom uith the
colour of unite in the middle'. Uhile article I9(1)(c)
confers a fundamental right for forming an association
or union, it does not provide that a citizen is
entitled to form an association or union, under the.
particular name chosen by him-. The controversy here
is only with reference to the name of MOFiK party'
being given to the newly formed party and the use of a
flag containing the colours 'black', white and red
in equal proportion', Such being the case, the
petitioner's contention that they not only have a
fundamental right to form a political party, but they
-also have a right to give that party any name they
choose and to select any flag of their choice, cannot
be accepted. The disputes relatinc to the
- 35 - •
particular name, which is to ba given to a party and
the particular design of the flag will constitute
common law actions and not electoral matters falling
exclusively within the purview of the Election
Commission. I am therefore of opinion that even if
ths writ pc-tition is maintainable, notwithstanding the
pendency' of the civil suits, the petition cannot be
admitted and a rule nisi issued. Therefore, W.P. No.
11542 of 1984 will have tc ba dismissed.
The other potition, U.P. No. 11543 of 1984,
as already stated, is for setting aside the order of
injunction passed by the XI .Assistant Judge* City
Civil Court, Madras, in two interlocutory applications
on the.ground that the civil court has no jurisdiction
to entertain the suits and grant an order of injunction
as prayed for.
It is urged on behalf of the petitioners
that the controversy sought to be raised by the
respondents 1 and 2 is a matter exclusively falling
within the purview of the Election Commission and the
civil court has no jurisdiction to entertain' any suit
relating to the controversy or pass any order or decree,
In support of such a contention, reliance is placed on
Articles 324 and 329 of the Constitution. The learned
counsel also referred to the preamble and certain
provisions in the Election Symbols(Reservation and
Allotment) Order, 1968 and reiterated the contention
- 36 -
that if the respondents 1 and 2 are opposed to the
petitioners forming a party under the name., and style
of Anna Oravida Plunnetra Kazhagam, they should only
approach the Election Commission for appropriate)
reliefs. In the said order, 'political party' is
defined as an association or body of indiuidual
citizens of India registered uith the Commission as
a political party under paragraph 3 and includes a
political party deemed to be registered uith the
Commission under the proviso to sub-paragraph 2 of
that paragraph. The preamble refers to the supor-
intendentce and control of all elections to Parliament
and to State Legislatures Doing vested by the Constitution
of India in the Election Commission and the necessity
and expediency to provide in the interests of purity
of election and for the conduct of elections in a
fair and efficient manner, the need for specification,
reservation, choice and allotment of symbols for the
recognition of political parties for the purposes of
elections.
L/hat therefore falls for consideration is
whether the entertainment of the suits and the passing
of an order of injunction by the XI Assistant Judge,
City Civil Court, Madras, is beyond the jurisdictional
limits of tho civil court and whether there is an
- 37 -
encroachment upon what is vested exclusively in the
Election Commission.
In tho first place, I have to point out
that the prayer in the writ petition is only for
setting aside the common order passed in the interlo
cutory applications .-'and not for a dismissal of
the suits themselves on the ground that they are not
maintainable in the civil court. From a purely technical
point of view, the failure to ask for a dismissal
of the suits themselves renders unsustainable the
limited nature of the prayer contained in the petition.
In the body of the affidavit, it is stated that
the suits filed by the respondents 1 and 2 arc not
maintainta ble and the civil court has•, no jurisdiction
to enertain them. But in the prayer portion °f the
petition, tho attack is only on the common order passed
in the interlocutory applications and not on the
maintainability of the suits themselves. In the absence
of a prayer for dismissal of:tho suits, the position
uould be that the suits would remain unaffected and
once such a position emerges, then the interlocutory
applications filed therein and the orders passed thereon,
cannot also be attacked. In other words, when no relief
is asked for against the main action, the position
would be that no attack can be made on the subsidiary
proceedings alone on the ground of want of jurisdiction
for tho main action itself.
- 38 -
Leaving aside the technicalities of law, eusn
if the contentions of the petitioners are examined
on merits, I am afraid they do not warrant acceptance.
It is no doubt true that Article 324 of the Constitution
vests with, the Election Commission the duty of
performing several acts connected with the holding of
elections. Article 329 , which bars the interference
of courts in election matters, is confined to actions
•relating to validity of laws relating to delimitation
of constituencies, allotment of seats to various
constituencies and challenges of elections except
by moans of an election petition presented to the
prescribed authority. But these articles have no
application to the controversy on hand. The controversy
is uith regard to the petitioners giving to the
newly formed party a ngrno and a design for the
flag, which according to the respondents 1 and 2,
is an infringement of the name of their party and the
design of their party flag.
In so far as the Election Symbols{Reservation
and Allotment). Order 1968 is concerned, that would also
not have any application to the dispute between the
parties. The Lirder has been enacted to provide for
specification, reservation, choice and allotment of
symbols at elections to the Parliament and the Assembly
constituencies for the recognition of political parties
- 39 -
i n re la t ion therein and for matters connected therewith.
The party duly formed by the pet i t ioners has yet to beby the
registered as a p o l i t i c a l party^Elect ion Commission and
before such reg is t ra t i on , there cannot bo any contro-
versy re la t i n r to the choice and allotment of symbols.
The order is more concerned u i th the granting
of recognit ion to p o l i t i c a l part ies by the Elect ion
Commission for allotment "bf -symbols and whore there i s
a conf l i c t ing claim for allotment of symbol, the manner
i n which truj con f l i c t is to be resolved. The provisions
of the order do not contemplate the Election Commission
res Ivirig a controversy, when a newly formed party
wants to adopt.a name, which is objected to by an
exist ing party, on the ground of infr ingement.
Mr, Gouind Swaminathan c i ted two author i t ies
i n support of the pet i t ioners ' •case* The f i r s t i s ,
MPHLC V. M./U SHNGF-IA ( AIR 1977 SC 2155 = 1978 (1 ) SCR
393 ) and the second i s , HARI 1/ISHIMU KUIWHV. SYEQ
AHMED ISHriQUE t ( i 955 (1) SCR 1104). The f i r s t case dealt '
with tha question when there is a d issolut ion of
a p o l i t i c a l party, whether a section of the party
const i tu t ing the reminder, i s en t i t l ed to recognit ion
as a State p o l i t i c a l party and continue to have the
syrnbojj^allotted to the party before a major section of the
~ 40 -
party had left it and joined another party. The
second lass related to questions pertaining to the
issue of writs of particrari to quash the decisions
of Election Tribunals notwithstanding' that they have
become fu.nciujs jjf ficJ-£ after pronouncing the
decision etc. The controversy in the tuo reported
cases being entirely different, the ratio laid down
therein cannot be of any avail to the petitioners
•in this case. I am therefore unable to agree with
the. contention that the relief sought for by
respondents 1 and 2 in the respective suits, filed
by them is a matter falling exclusively within thg
demain of the Elccti.n Commission and that the civil
court has no jurisdiction to pass an order of injunction
against the petitioners regarding thoir right
in terms of the prayer contained in the petitions.
The learned counsel for the petitioners
advanced arguments to point out that there is no
infringement of name or the design of the flag and
therefore, tha very basis on which the suits have
been filed, in non-existent. This is not a matter
for examination by this Court, because in view of thg
finding that the civil court has jurisdiction to
entertain the suits, the proper forum for the
petitioners to canvass their contention is the trial
- 41 -
court at the time of trial of suit or before the
appellate court exercising appellate powers over
the court of the XI Assistant Judge, City Civ/il
Courts Madras, For the aforesaid reasons, this
petition too does not warrant admission and the
issue of a rule nisi.
In the result? both the writ petitions
'uill stand dismissed.
36/-A V n Nk, t T R rt MA N
. Hggistrar(P).
- 42 -
CHAPTER-IIl'
CASES OF DISQUALIFICATION
During the month of September,85, 155 persons
uere disqualified under Sac-10A of the Represontation
of the People Act,1951, for failure to lodge the
accounts of election expenses at all or within the
time and/or in the manner required by law. There was
no case of reduction or removal of the period of
disqualification during the month.
The names and address of the disqualified «
persons ara given as annexures,
Tuo. contesting candidates/Haryana had been
disqualified by the- Commission on 7.8,85, Their
particulars could not be included In the August issue,
Tho names and addresses of these persons are given
at the end.
Name and addresses of
AlMNEXURE
the 'persongdisqual i f ied under Section 10'A ofRepresentation of the
S.No. and Name of Name and addi
People Act,1951
1 e s s e s Datethe Constituency. of the persons of
disqualified.
HOUSE OF THE PEOf
AeUfiMCHAL PRADESH
ordero fdis-quali-fication.
-LE
• •
Date onwhichdisqual i -ficationshallremovedautomati-ca l l y *
1 . 2-Arunachal East Shr i D .S , Pcakuang , 9.9.35Parliamentary l/iv/ekananda Hare,Constituency. Khonsa, Tirap
Distt,Arunachal Pradesh.
2. 2-Arunachal East Shri Gora PertinParliamentaryConstituency.
I / i l l . Dolung,P. 0. R o i ngDistt.Dibang,Valley, 'Arunachal Pradesh
9.9.33
9.9.85 9.9.08
D1HAR
49-Ranchi
DELHI
1. 4-East Delhi
2. 4-East Delhi
3. 4-East Delhi
4. 4-East Delhi
5. 4-East Delhi
Sri Satya Narayan 5 g#05SinghBarayat RoadRanchi(Bihar)
Shi Abdyl Hamid 9.9.8515/61 jrilok PuriDelhi
Shri Amarjit9/7232 Gandhi(\lagar, Delhi
9.9.85
Shri Om Prakash, 9.9.85J-37-Kartar NagarDelhi
Shr i Krishan Kumar 9,9^85'246,D.D,A.JantaF la t s , Nand IMagri,Delhi
Shri 3 a s Ram,240/0/5Nand Nagri,D<elhi
9,9.05
6.9.88
9.9.80
9
9 . 9 . 8 8 -
9.9.00
9.9.88
.rnnfri-
- 44 -
T6, 4~East
Selhi
7. 4-EastDelhi
3. 4~EastDelhi
9. 4-EastDelhi
10. 4-EastDelhi
11. 4-EastDelhi
12. 4-EastDelhi
13. 4-EastDelhi
f14.' 4-EastDelhi
15. 6-DelhiSadar
Shri 3.P.Jain, 9,9.65172,Teliuars,ShahJra, Delhi..
S h r i Dalkar Sinph 9.9.G51 6 3 - a - 2 ,fiagubarpura,Ho,'], De lh i*
Shri Rakesh Chander 9;9.05134-$,Kishan Ganj,Delhi*
Sh.Ra jeno'er,A-55 North Gonda,.D3lhi.
9.9.85
Sh*Radhey Shyam, 9.9.85Q-6/105,Mango1 p u r i ,Delhi. .
Sh.Ram Lubhaya, 9.9.8546/6A, Easternrizad Nagar,Delhi*
Sh.J.C.Raina, ' 9.9.0516-Gobind Kuhrd,l/ishuakarma Nagar,Delhi.
Sh.Ued Prakash, . 9,9.8532 0,Ram Nagar,Krishna Naaar,Delhi.
Sh.Satsnder Kumar 9,9,85. 024-25,Ganesh. Nagar,Shakarpur,Delhi.
Sh.Saroop Sinch, 9,9,8517/69 Than SinghNa Q n r , A na nd Pa r ba tNau D e lh i ,
16, 6.DelhiSadar
9 . 9 , 6 8
9 , 9 . 8 8
9.9.88
9.9,88
9.9.88
9.9.88
9-9.88
9.9.88
9,9.08
9.9.66
Sh*Sub;:sh Gupta, 9.9,85 9.9.8825/25,Shakti Nagar,Delhi.
- 45 -
17,,. :8.Delhi Sh.Shatru Ghan Singh, 9.9,05 9.9.88V :. , .Sqdar D-42,Sautantar Bharat
Hills Qrs, Delhi.
10.6-Delhi Sh.3ardish Lai, ' 9,9.65 9.9,88Sadar 5/2 8 Ploti Nac,ar,
:JC3lhX, i • •
19. 5 - S h . A f j a l Khan, ' 9.9,b5 9.9.80Chandni ILP^Depot, 3 . - .T.C.Chouk O f f i c e r s P l a t s ,
• NCui L . £ L H I .
23.5-Chandni Sh . /Ulaamudin, 2542 ' 9.9,b5 9.9.GOChouk Bara Oarx, Da l l imaran
J e i h i .
21.5-Chandni Sh.R.R.Anthony, ' 9.9.05 9.9.88Chouk 1935/18 katra Sbek
Chand, Lai Kuan,De lh i . .
22.5-Chandni Sh.Kalu ham, 9.9.85 9,9,88Chouk Katra No.1786,
H.No.E/7Katra ,Atma Ft am,ChannGiian Road,De lh i .
23.5-Chandni Sh.Kishan Kumar, 9,9.85 9.9.83Chouk ftastocji,
2032,"Gali Oaraf 'Ua l i ,K ina r i Bazar,Chandni Chouk,Delh i .
24.5-Chandni Sh.Krishan Mohan, 9.9.85 9.9.88Chouk 127, Gadodia Market, ' '
Khari Bao l i ,De lh i .
25.5~Chandni Sh.Dhanpat Rai Bhar t i , 9,9,85 9.9.88Chouk 1763-69,Easti Julaban
Sadar Bazar, De lh i . *• •
2 6 . 5 - C h a n d n i S h . P u r a n Chand G o l a , 9 . 9 , 0 5 9 . 9 . 8 8Chouk 3807 ,Chouk S h a h g a n j ,
Ajmeri Gate,Delhi.
,,;f-. Contd,
., 46 -
r27.5-Chsndni Dr.Hadan Lai Goel, 9,9.85 9.9.80
.Chouk: I / i l l . Rithala,Delhi .
20.5-Chandni Sh.Rat i Ram, 9.9.05 9.9.GChouk Kz~l6;\/15~E,
Sagarpur St.No.3Neu Delh i *
29.5-Chandni 3h*Rakesh Ja in , 9.9.05. 9.9.0Chouk 1003, Kucha Nathan
ChanJni Chouk,
30.5-Chandni Sh.Rohtas Kumar, 9.9.65 9.9,80Chouk Khancunl,
245-Gali Kadlsuasha^Fatehpuri, L-elhi.
31.5~Chandni Sh.Santosh Kumar, 9.9.85 9.9.08Chouk 1877,Kucha Khyali, '
Ram Bazar Sita Ram,Delh i .
32.5-Chandni Sh.Satya Parkash, " 9.9.85 9.9.80Chouk 4533-Gaii Dal Mandi,
Pahar Ganj,Delhi.
33.5-Chandni Sh.Yash Paul Kashyap, 9.9.85 9.9.88Chouk 4003,8agichi Ram,,
Chander, Delh i .
34.5-Chandni Sh.Amif Jain, 9.9.85 9.9.88Chouk •l-Kaushalya Park,
Neelam Jains Hoesks,Neu Delh i .
HARYANASh.Das Ra j , 9.9.85 9.9.08n^Atnbaaa
(cr\ Uili.&Tehsil Jattan,V J P.O.Chagnali,
D i s t t , Arnbala, Haryana.
2.1.Ambala Sh.Parmjit , . 9,9.05 9.9.80(SC) House IMo, 847/1,
Jogiuara,Ambala Ci ty ,Haryana.
3,1-Ambala Sh.fter Sinah S/0 " 9.9.85 9.9,08(SC) , Net Ram, I / i l l .& P.O.
Duliani,Teh.& Dist t . "Ambala, Haryana.
_ 47
C o n t d ,
4.9-HissarSh.Atam Parkash Kukreja, 9.9.85Rajguru Market, 1 69F,Hissar Haryana,
5,9~Hissar Shri Dbaram l/ir Plandan, 9,9.85Mori Gats,Hissar, Haryana.
6.9-HissarComrade Rim&l Rai, 9.9.L5H.!Mo.395/i/uhanidi a i d e v, HissarHaryana,
7.1 O-Sirsa Sh.Ram Kurnar(5C) yillage Ganga,
L is tr ic t,, SirsaHaryana.
U & KASHMIR
5'ri'
RA3ASTHAN
Sri Poshkar Nath Kaul,Vakil, R/0 Oauly VakilLambert Lane,T'lmir frazil,Sri Nayar.
9,9.85
9.9.S5
9.9.U5• p. .•.'. , i -Sh . Kanhaiyalal Soni,Bikaner' " N e 3 r ^hajan House,
Old Ginani,Bikaner
2. 2- Sh.Gopal Gahlot(Harijan) 9.9.85Bikaner Nathusar,Harijan Basti,
Bikaner(Rajasthan)
3. 2- Sh.Roshan Lal(Bharti) 9.9.85Qikaner Goluwala nandi, .
Tah-Suratoarh,Cis t t .Sr i GanganacarRajas than.
4. 2- Sh.Suynaram 9,9.85Bikaner I/ill.Sodhuali,
Teh H'oonkaransar,! f;is t t , Bikaner .
5. 4— Sh.Sajjan Kumar, 9.9.85Jbtihjhunu Uard No,3,
Surajgarh,Cistt,Jhunjhnunufiajasthan
9,9.88
9.9,88
9.9.b8
9.9.88
9.9.88
9.9.88
9.9.86
9.9.8E
9.9,88
9.9.88
-4 8
R a^a s t h a n C o n t d ,
6.20] Shi lwara Sh.Eabu 3c ; rga r , ;.• . Biharon k i PiasjicJ
ka Pass, Bh i l ^a rah a j a s t h a n.
7.14-Kota
0. 14~Kota
9, 13-Tonk
KERALA-
1 . 1 -Kasaragod
2 . 7-Palghat
9.9,85
ShrMunir Khan,2-.kh-l-A,Uigyanl\)at,ar,,Kota(Ra j )
Sh.Prem Chand Jain,Post Kaprsn,. - i s t t . Bundi(Ra j )
Sh.Prahlad,Te l i f^aruaza,Harijan Casti ,Sambher Lake,i . Ist t .Jaipur
Sh.T.l/ .SebastianThekkeal HouseP.O.Thayyeni,(Uia)CherupuzhaKerala.
Sh.M.ManikkQnPlant hrikkad,Kallepully(PO)Palghat D i s t r i c t .K erala
3.7-Palghat sh.n»T,ChamiyarUadukatharaKanjikeode P.O.H.NQ.U/119PP-67 8621Palghat D i s t r i c t ,Kerala.
4.0*0ttapalan Sh.C.Aru Poolakkad,CS'C) : P. [j, flu t ha la mad a,
Palghat,Kg r a l a .
5.0-Ottapalan S h r i E.T.Subramanian(SC) Annakkal Desam P.0»
Par kalengade, l/iaKunnamkulam,Kerala »
6*20- s h r i 0aydev P.A,Triv/andrum. 14/1357, Palayamuard,
l/azhuthacaud, Kerala
9,9.05
9,9.85
9.9.65
7.9.05
7,9.05
?.9.85
7.9 .G5
7 O "'
7.9,05
9.9.00
9.9,68
9.9.88
9.9.00
7.9.08
7.9.80
7.9.08
7.9,88
7,9,00
7,9.88
-49 -
MAHARHSHTRA
1,3-Ku laba
2,5-BombaySouth -Central.
3.6-BombayNorthCentral
4,6-BombayNorthCe ntral
Shri Vilas Tupe, 9.9,851254,Kasba Path,Pune(Maharashtra)
Shri Mandhare Kisan . .9«9.£i5Ananda,. ' -13/77 AgripadaB.I.T.Chaul, ' • .Dyculla, Bombay- '' - .400011.
Shri Bipin Plamu Sanoar ,9».9,.B5605/10 Sahakar NacarI I , Shell Colony Road,Chembur,Bombay-400071..
Shri Madhav Csshpands, g g 057,Kaustubha Dham,23~Sanghani Estate,Gha't-K opar ( y e s i ) ,3ombay-4000G6.
9.9.80
9.9.80
9.9.88
9, 9.SB
5,7-BombayNorthEast
6.7-BombayNorth
East
7»7-BombayNorthEast
Shri Nauab Sayyed 9.9.85 . 9.9.S8Mohammad,11/1,Pratiksha Manar,l/akola Bridge, Uoolsroy.fioad, Santracruz (East)Bombay)-4QQ053
Shri Farroki Abdul :.9.9.85 . 9,9.88Oarri Naimullah,E-3,Naujivan Oldg. ' (A.H.Uadia Marg,New Hill Read,Kurla(LJast)Bombay-70
Shri l/asantrao Unde, 9.9.05 9.9.80Unda Niuas,Maharashtra NagarBhandup,Bombay-4 00078.
8,0-BombayNorthWest
Shri Abdul Na biKarimGilbert Hi l l ,
(Uest)Bombay~400078
9.9.85 9.9.Off
- 5 0 -
2Keg a ""fc ° n t tUT
3
9.3~LombayNorth East
Shri Chinnappa SathyanathanLaZTU3t
03-Rasta Peth Puna-411011(Maharashtra)
10.0-Bombay Shr i Chaudhary UsmancaniNorth East 11,Shaf i Manzil,
257,S.I/.Road, Gandra,Oombay-400050
11.0-Bombay shri P.T.Ahire,North East 3/31,Dadabhai Naor«ji,
Nagar Part I rtndheri(Uest)Gombay-5B.
12.0-Bombay Shri Uiiay Kumar TripathiNorth East ^ J 1 ^ 3 ^ ^
75-huia House,C , u. Da r f i u a la Ma r g ,'Juhu Lana)Andheri(yGst)Dombay~400058.
13,9-BQmbayNorth
14,9-BombayNorth
c15.9«DombayNorth
16.9-BombayNorth
17.9-BombayNorth
Shri Kantibhai.ShankarbhaiPatel, G.LfPatel Chaul,R.No.15,Dhanjiuadi RaniSati Marg,Dombay~97
Shri ChandrashekharSitaram Junnarkar,Hava Hira Mahal, YusufChokahi Chaul 12/4/Daftry Raud,i\lear HighwayMalad(East)Qcmbay-97
Shri 3agdishchandraKhandelual,14,Saidham,Poddar Park (v!alad(East)Dombay-97
Shri Shekhauat MobsinghNarayansingh,LalchaniShethi Chaul 7-22,Janu Compound f!alad(East)Dombay-400097.
Shri S.K.Singh,1G,Hir,a Kunj, •Second Floor,Station fioad,Gereqaon(East)Dombay-400063.
9.9.05 9.9.00
9.9.65 9,9.8b
9.9.G5 9.9.80
9.9.05 9.9.88
9.9.05 9.9.88
9,9.85 9,9.08
9.9.85 9,9.88
9.9.05 9.9.00
9.9.05 9,9.86
- 51 -
Ma haras h t r a Contdy.'" • " Sh'ri 'Nannauare t.ic-smbar 9 .9 .05 9,9«88- _. Avhci t , •
- r _ • Naar Nutan TlarathaFran^ol VUyalaya, ' .L r n'- ^ J l iha Peth,aalG
istt.
16-EranJcl Shri Pat i l Dhanra BhaJu, 9.9.85 9.9.88- Kharda 0K,Taluka~
Erandnl,Distt.JalcaonMaharashtra,
Shri Capusaheb Khandu 9.9,55 9.9.8QNnval Pa t i l ,L/hulpimpri, Taluka 'Par a l a , (vis i t , Jaic;aonfia h a r a s h t r a ,
17-JJalgaan S h r i P a t i l Surssh 9.9.05 9.9 .88Trayambak2 9U—I\!arendra Dhau/an,Nav/i Pa th ,J a 1 g a a n ( Fla h a r a s h t r a )
-]7-Jalc_;3cn S h r i Hadhukar Earsu Kc lhe , 9 .9 ,85 9 .9 .08l/alv/e, Taluka E rando l ,^ is t t .3- lgaon,Maharashtra,
17-3algaon Shri Sher All Haji ' 9,9.05 9.9,03/ishra f A l l ,238-Ealaji Path,CIalgaon,Taiuka &Distt ,3algao.nMaharashtra.
i7-3algaon Shri Salunkhe Gokul 9.9,65 9.9.UGtaburao,Shahu Naoar,Taluka & , . i s t t .Jalgaon,Maharashtra..
30. 17-Jalgaon Sh,Hamdi • 9,9.85 9,9.00l/ajir Tadvi,Lizana Cottage, 'Telephone NagarNear Girna UaterTank,Cistt»3algaon(Maharashtra)
- 52 -
; 1 ., 2 " •, ,„,.,. ... ,. ,3. ,, .,. 4 , 7 7Maharashtra Contd.
26. 24-Bhandara Shr i Ohaguat Oaliram 9.3.05 9.9.38C/0 Suresh LJasnikRailway Gate uJarthiBhandara Raod,Maharashtra
27. 27-u/ordha Shr i Thakare Anandrao 9.9,05 9.9.00GopalraOjSindifFteghe)Ua.ru No,4,uJardha,Maharashtra
20. 2 0-Yavatmal Shri Jadhao Dhimrao 9.9.05, 9,9.08Limbaji,At.MalhiuaraPost Kondari TalukaDigrasjDistt.Yavatmal(Manarashtra)
29* 31-Parbhani Shri Harnid Khan 9.9.85 9,9.80' 3abbar Khan
at & Post-jJaduaniTalu ka-Maj alg a anDist r ic t Ghir
'Maharashtra
30. 44-Satara Shri Dupats Raghunath 9.9.05 9.9,08Baluant,41,Guruuar Peth,Satara City,
' Maharashtra
3 1 , 45-Karad Shr i Deshpande Dipak 9.9,05 9.9 f08
At & Post-RaigaonTaiuka -Jaoli,District Satara,Maharashtra
32. 45-Karad Shri Patankar s 9.9.05 9.9.00Madhukar Krishna,At & Post Aneuadi,Taiuka-Jaoli,District SataraMaharashtra.,
- 53. -
OR 155 A
1 , 10-Deogarh Shri Prabodh Kumar Kujur 9.3.05 9.9.00Mt.Barceadia,P .O.Ta isa r ,Dis t r i c tSambalpur,Orissa,
2. 10-Deuqarh Shri Chaitanya Kanta,At/P.C.Ramada,Distr ict Sambalpur.
3. 19-Dhenkanal Shri Milu Pradhan,rtt/P. 0. Kadala.,Distr ict Dhenkanal.Or issa .
9.9.85 9.9;00
9.9.05 9i
1. 2-Garhual Shri K.S.NegiParliamentary u-Type 3/92, North Uest
Constituency Motibagh*Shastri Niketan,Nsu Dglhi
9 . j , . 0 5 9 . 9 . i
2. 6-Ai'farohiaParliamentaryConstituency
3,6-TAmrohaParliamentaryConstituency
4.11-Aonla .Par 1 ia ma nt a r yConstituency
5.12-BareillyParliamentaryConstituency
6.27—Akbarpur
(sc)ParliamentaryCons tituR«)cy
Shri Nawab AllMohalla—Basauan-Ganj,AmrohaUttar Pradesh
Shri Mohammad AhmedShabi ChabutraAmroha Uttar Pradesh
Shri R meshuaf SinghChauhan,3Q)1-ChotiBamanpuri(Pilibthi)DareillyBJttar Pradesh
Shri Mancal Sen v
Uill. & Post Sahora,BareillyUttar Pradesh
Shri Ram PrasadUisharad,Plohalla-Katra,Post-Gosainganj,Fa i z a ba dUttar Pradesh.
9.9.G5 9.9.00:
9.9.85 9.9.GQ
9.9.05 9,9.80
9.9.05 9.9.03
9.9.05 9.9.00
- 54 -
1 3Pradesh Contd,
7. 27-Akbarpur(SC)ParliamentaryConstituency.
0, 27Akbarpur(SC)ParliamentaryConstituency.
9. 40-PadraunaParliamentary
' Constituency.
Shri Nand Lai Charti 9.9.05 9;9.0G\l i 1 lag e- Ma j is a,Post-Rampur RampathiFaiza badUttar Pradesh /
Shri Jai Ram Advocate 9,9.05 '9,9,08V i 11. Ea r ei 11 yAusanpur-Post-MalipurFaizabadUttar Pradesh
10. 43-DalliaParliamentaryConstituency
11 ,43-BalHaParliamentaryConstituency.
12,5 3—R o be r tg a n j{SC)ParliamentaryConstituency,
13. 61-Ohansi,ParliamentaryConstituency.
14.61-JhaosiParliamentaryConstituency
15.61-JhansiParliamentaryConstituency.
Shri ChhatturaiR a j m 3 rI / i l l .Chh i t aun iJung le ,Pos t -S i suaManiraj, D d s t r i c tDeoriaUttar Pradesh
Shri HV/dhash SinghUill.4 PostMurlichhapra BalliaUttar Pradesh
Shri KailashWill.DaharpurPost-Chhichhor,E-alliaUttar Pradesh
Shri HeetanI/ill.. & PostGelhathi, DistrictMirzapurUttar Pradesh.
Shri Ramesh ChandraTr ipat hi, A d\y oca te127,UasudeV,JhansiUttar Pradesh
9.9.05 9.9.08
9.9,05 9.9,00
9.9.05 9.9,08
9.9.05 9.9.00
9.9.OS 9.9.00
Shri Rajendra pratap 9.9,0595,(v)ohini Ba baJhansi,Uttar Pradesh
,9.9.06
Shr"i Suamy SinghUill-Purua, Post«hilara,TehsilMauranipurJhansi,Uttar Pradesh
9.9.05 9,9,'OB
55 -
Uttar Pradesh Contc
16, 75~Hathrap(SC)Pa r lia me n t a r y
Constituencyc
i7«75-Hathras(SC)Parliamen cary
Constitue ncy,
10.76-AlicarhParliamentaryConstituency.
19,76-riligarhParliamentaryConstituency
2 0. 76-AligarhParliamentary
Constituency
21 ,02-MuzaffarNagarParliamentaryConstituency,
22. 02-f'luzaffarNagarParliamentaryConstitue ncy
Shri Jaipal Singh, 9.9.05l/iil.kampurPost-HathrasDistrict AligarhUttar Pradesh
Shri Brahm Ui l lSalaua,DistrictMeerutUttar Pradesh
1,9,00
9.9.G5 9.9.00Shri Ram Chandra,I / i l l . HasanpurFast-Gang i r i/ i l igarh
'Uttar Pradesh
S h r i Kishan iv !urari 9 ,9 ,05 9 .9 ,00fio ha 1 la -Pa kk i s ar a iPost MctherqateAligarhUttar Pradesh
9.9.05 9.9.00Shri La la Fuam,Nohalla-TurkmanG ;te, Jaigan jAligarhUttar Pradesh.
Shri Vishua Bandhu, 9.9.05 9.9,00Narain Bhauan,Jualapur,Harduar,Uttar Pradesh
9 . 9 , 0 5 9 . 9 . 0 0
Shri Vishuanath 9,9.05 9,9,00Uissubhai Ohartiya3, KambalualaGaghjNsu nandifluza f far nagar • •U t t a r Pradesh
- 56 -
1
uiEST BENGAL
1 . 2-Mlipurduar(3T)
2. 0~
3. 8-Jangipur
4. 14-Easirhat
Shri Sanjay Kumar Oran 3.9,05 9.9.00Will* PaschimKathalbari P.O.,ShiharihatDistt.Dalpaiguri.West Lenqal.
Smt Amina Basu,7/l,Dabufcala RoadCalcutta-74
Shri Sisir KumarPramanikI/ i l l ,Kul i ChourasataP.0,Kuli KandiDis t r i c t PTurshidabadLJest Bengali
Shri Tushar KantiGhoshI / i l l . Kachurhula,P. u.Raikhan,P.S. Narora,D is t r i c t24-Parganas.LJost Bengal.
9.9.05 9,9.00
9.9.05 9.9.08
9.9.05 9.9.00
LEGISLATIVE ASSEMBLY
GGA,DA NAN & DIU
1. 0-Pale
2. 3-Siolim
3. 3-Siolim
4 . 3-Soi l im
:Shri Putu JaidevMorajkar,Sanquelim KarapurKolamuada(Goa)
Shr i D'Sauza JohanSuntan l / i t h a l ,Atto DademAssagaon BardezGoa, <
Shri KorgaokerSubhash Raghunath,T^rchi Dhat,Siolim Dardoz Goa.
Shri KalangutkarSham Pundolik,240-Fernandes UaddoSiolim, Goa,
9,9.05 ' 9.9.00
9 . 9 . 0 5 9 .9 .08
9..9.05 9 . 9 . 0 0
9 . 9 . 0 5 9 . 9 . 0 0
- 57 -
THIMACHAL PRADESH
. 36~Jasuan S h r i S u r i n d e r S ingh 9*9 ,05 9 , 9 . 8 0B i h a l , \ / i l l and p",Q.Doda S i b a , T e h s i lDehra,DistrictKangra,Himachal .Pradesh
2. 4 9-Kangra
3. 30-Chintpurni
4, 30-Chintpurni
5. 51-Banikhet
5. 18-PaontaDoon
7. 29-Gagret(SC)
Shri Yog Raj R/QVillage Bussal,P.O. Saroh, Tonsil& Distt.Kangra,Himachal Pradesh.
Shri Ranjit Singh,Viil. & P0 Amb,
Himachal Pradesh.
Shri Ram Lok I/ill.Plakho, P.O.NehrianTehsil Amb,0istrict UnaHimachal Pradesh
Smt.Bimla Plahajan,Mohalla Cho-Ugan,Lj'ard No.11, P.u.ADistrict ChambaHimachal Pradesh
f chammad Ismail,Uard Nc.3 PaontaSahib,DistrictSirmaur,Himachal Pradesh
Shri Udham SinghVill.& P.O.DangohTehsil Amb,'Jistrict UnaHimachal Pradesh
9.9.85 9*9.80
9,9.05 9.9,80
9.9.G5 9.9.88
9.9.135 9.9.U0
9.9.L5 9.9.88
9.9.85 9,9.08
58
1.19i-Va$japur
2.192—Gangapur
3. 192-Gangapur
4.1 93-Aurangabad(LJest)
Shri Ashok MurlidharIgheMa l e g aon Kannad,Post Lamanga on ,Taluka VaijapurMaharashtra
Shri ChandrakantLaxaman'Jadhav,At & Post LasurStation, Taluka,GangapurMaharashtra,
Shri Oevidas JairamDhiuor,At Dha.Tiori (kh)Post Lasur statianTaluka Gangapur.Maharashtra.
Shri RameshChhananrao Suradkar52/1/,SidheshuarBuilding,Samarth-nagar,Auranga bad.
9.9.00
9.9.05 9,, 9,80
9.9.65 9.9.80
9.9.85 9.9,00
5,194-Aurangabad(East)
Shri Kachru Gov/indrao 9.9,05 9,9.86At Post Palshi (c i ty)l/ia HarshulMa harashtra .
6,194—Auranga bad(East)
Prof.Kishore Motiram 9,9.09 9.9.00f\!a r y a d e,H.iMo. 5-20-111,PaithanGate, AurangabadMaharashtra,
7. 277-Shirol Shri ChauguleKallappa Gundu,At & Post ArjunTaluka ShirclMaharashtra.
9.9,05 9.9.00
- 59 -
a Co'ntd;
0, 273-l/adgaon(SC)
9.280-Shahuuadi
10.202-Sangrul
11.2fi5--Panhal;
-3 2.283-Radha-Nagari
13,286-Kagal
14.200-Chandgad
S h r i Done D . 3 . 9.9iO5 9 , 9 . 0 8Decco-Sp in (Nor th )D r . A rn b e d k a r N a c a r /
Nauin 1/as a h a tIchalkaranjiMaharashtra
Shri Pa-til Keshav 9.9.,,G5 9,9,00K o nd iAt Post Kotoli,Taluka ShahuuadiMaharashtra
9.9,05 9.9.00Shri RanavadeShantaram Nathu26,Bcmbay-PuneRoad,Shivaji NagarPune,5.
Shri Shinde Suresh 9.9.05 9,9.00Harishchandra,At and Post •Kumbhauade,Taluka l/aibhavuadi 9.9.05 9.9.00Dis t r ic t Sindhu-durg,Maharashtra
Shri KamDle l/ithal 9.9.05 9.9.00Nana,House No.254-E,Umedpuri,-KalhapurMaiiarashtra.
9;9.85 9,9.08Shri PandeKrishan Shankardaganarayan2 0-Qombay~PoonaR o ad,S hiva j ina garPune-5-Maharashtra
Shri Dabhade Gulab 9.9.05 9.9.00NamdeoAt PostEhosaleuadi,Combay-Pune RaodShiv/aji NagarPune-5Maharashtra.
- 60 -
1
RAJHSTHAN
1 , 56-Kotputii
2, 17-Sujan-qarh
3. 103-Hindcli
4. 103-Hindoli
5 , 1 7 - S u j a n g a r h
U£ST GENGAL
1» S5-Kandi
2, i5G~Burtala
3.158-Gurtola
4,150-Burtoal
Shri Sanual Ram,I/. P. O.Sangtcda,Tah,Kotputli,Distt.Jiipur ,Rajas than
Shri bhagati Prasad 3,9.05LJard No,3,Pjohaila Regran,Sujangarh,Distt.Churu,R - iasthan
9,9.05 9,9,88
Shri Dr i j RajSingh,Wiil.Songar,Tehsil K.PatanDis tt .Eundi,R ajasthan
Shri NandaD a 1 a p u r a,Tehsil HindoliDistt.OundiR •: j a s t h a n
Shri Rajsndrauiard Wo.5,Whalla RegranSujangarh,Distt.Churru»Rajasthan.
Shri Pladhab Haldhar 9.9.0542,Jelepara LaneP.O.KhagraDistt.Murshidabad
Shri Madan Shau,172,Qepin BahariGanguli Street,Calcutta
Shri Sahib KumarHrya,15i/1/EalaiSingha LaneCalcutta - 9.
Shri ShyamlalHaldhar,1?-BidhanSarani,Calcutta-6,
9,9.00
9.9.05 9,9.88
9.9.0 5 9. 9..08
9.9,05 9.9.80
9.9.00
9 . 9 . 0 5 9 , 9 . 3 8
9.9,05 9.9,08
9.9.05 9,9.80
- 61 -
Tu/o contesting candidates from Haryana had been
disqualified by the Commission on 7*8.85. Their
particulars could not be included in the August,85
issue. Their disqualification uill stand automatically
removed u.e.f. 7,8.88. Thsir particulars are given
beiou.
Name of ParliamentaryConstituency.
l\hme and addresses ofthe disqualified persons.
1
1 . 2-Kurukshetra
2. 8-BhiLJani
2
Shri Wichitra NandChela Suami Suchitra NandV/ill. & P.O. Bir Mathance,Haryana.
Shri Dharma,Willage Bhatol Jattan,Tehsil Hansi,Distt. Hissar,Haryana.
- 62 -
CHAPTER - Ili
DISPOSAL OF ELECTION PETITIONS
During the; month of September '65, the
Commission reaeiv/ed intimation about disposal of
20 election petitions from differ nt .High Courts and
5 appeals from the Supreme Court of India.
.Details of election petitions filed disposed
of and pending in the High Courts and appeals in the
Supreme Court relatinr to (a; General .loction.tc Legis
Assemblies 1977-79, (b) General Election to rl usa uf
tha PuaKle, 19CQ, (c) banar^l ciaciiung to Let. A si;- tiva
Hssomblies 19eO, (d) General E lections to Legislative
Assemblies 1982 (e) General Election to Legislative
Assemblies 1983 (f) General Eiectionsto House of the
People 1.984 (g) General Eljctionato Legislative
Assemblies 1984 (h) General Elections to Legislative
Assemblies 1985 are furnished in the eight statements
(I to VIII) annexed. ,
An appeal relating to the year 1972 is also
pending in the Supreme Court, Tnis appeal is against
the order and judgment °f the High Court of Punjab
and Haryana in tha Election Petition No, 27 of 1972
(Uttam Singh Vs. Kirpal Sinqh by which the High
Court had allowed the petition.
- 63 -
As on 3 0,9.85, 444 election petitions and
36 appeals uere pending before various High Court
and Supreme Court respectively. A statement No. IX
showing the periods for which these are pending
i s a .1 s a annexe d .
- 64 - jSTATEMENT-!
GMLRAL_.J.LECTIONS TO _THE LEGISLATIVE: ASSEMBLIES.1977, to 1979_.
ilu.mb.er 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 , pendingiUl^JH^JiJ^gj 1 .,l
c!llLir^s a n d .a.P.R.e. ,J;, ..,A.ri.J'.n',e.. Supj.ejie^Pjgurj;. •
(As o n 30,9.85)
3". No, Name of State/ Election _Petitions~"i'n" The" °Hi'g'h"**C'quFt'°" "A pjpea'ls' Tn""t he"*S u"pr"e m'e*"c'o"uFtUnion "Filed TJTsposed. of i _. Pending Tiled Disposed of i PendingTerritory Upto the. During the Total Up to the Our ing" Total
end of month . °nd of thelast lest month
— ••_> _ — — — — m.2nf~L= «- _ - „ „. m9nJin_ _ _ _ _ _ _ „\ji z, z z. I'Z i _ r „ i*-. z J^I „ i z i«™ i z i. i»r i I?I „ zsi z i ^ _ z _i£»r r _ii«r «,ii«_I . A n d h r a P r a d e s h ( i 9 7 8 ) 2 1 2 1 - 2 1 - '6 6 - 6 -2 . A s s a m ( 1 9 7 8 ) 9 9 - 9 - 3 3 , - - 33 , B i h a r ( 1 9 7 7 ) 3 1 3 1 - 3 1 - 6 6 - 6 -4 . H a r y a n a ( 1 9 7 7 ) 7 7 ' • - 7 - 2 1 - 1 1S . H i m a c h a J . P r a d e s h ( 1 9 7 7 ) 5 5 - 5 - » _ _ _ , _6 . D a m m u & K a s h m i r ( 1 9 7 7 ) 1 9 1 9 - 1 9 - 4 4 ' . - 4 -7 . K a r n a t a k a ( 1 9 7 8 ) 7 4 7 4 - - 7 4 - 4 4 - 48 . K e r a l a ( - . 1 9 7 7 ) 1 9 1 9 1 9 - . 6 6 - 69 . P l a d h y a P r a d e s h ( i 9 7 7 ) 2 8 2 8 - 2 8 - 6 6 - 61 0 . M a h a r a s h t r a ( 1 9 7 B ) 1 3 1 3 - 1 3 - 2 2 - . 21 1 . H e n h a l a y a ( 1 9 7 8 ) 1 1 - 1 - -i 2 . N a q a l a n d ( i q 7 8 ) 9 9 - 9 - 1 , 1 - 1 -1 3 . 0 r i s s a ( 1 9 7 7 ) 6 6 - 6 - 1 1 - 1 „1 4 . P u n j a b ' ( 1 9 7 7 ) 1 6 1 5 - 1 6 - 1 0 1 0 - 1 0 - .1 5 . R a j a s t h a n ( 1 9 7 7 ) 1 8 1 8 - 1 8 - 4 4 ~ 4 _16,Sikkim (1979) 2 2 ' - - 2 - - -17*Tami l Nadu (1977)^ 8 8 - ' 8 - 5 5 - 518 ,U t ta r Pradesh(i977) 37 37 - 37 ~ 9 7 - 7 2
•19.L/est Bengal( ig77) 1 1 - « 1 - - _UNJ ON TERR I f OR IES<;| % . . . . . .1 , " * D G l h T T r 9 7 7 ~ J 4 4 - 4 - - - - -. . I -2 . . G o a ? D a m a n & D X U ( 1 9 7 7 ) 1 1 - 1 - 1 1 - 1 „3 . M i z o r a m ( 1 9 7 9 ; 2 2 - 2 - 2 2 - 2 - '4 . P o n d i c h e r r y ( i 9 7 7 ) 2 - 2 - 2 -
T O T A T : " " - - - - 3 3 5 -- - 3 3 ^ - - - - - - - - 3 3 - 3 ~ - - w - - ^ 2 - - - r g - - - - ^ - • - - g g - - - 3 - -
- 65 - T
SIATEFOT-I I
GENERAL ELECTIONS TO THE LOKJ_ABHAj_JLJ§Q.
Number of elect.ig_n_fie^ijfaions i f i l e d , disjpos£d_g-f_t__
ii?d]J!iill^JL!2=JLt^^ the
' (As on 30.9.85)
S°."No7 Nam'e""oF S"ta*te*/"" £le'_ct'i"n Pet i t ions In the Tiiq'h^C'ouFts' "A'ppe'aTs"in' the" Supreme" "Court" " " " " " "Union Fi led Disposed of, Pending F i led Disposed of PendingTer r i to ry •-. Up to the During Total Upto the During Total
end of the end of the'.. __las_t. mojitji month _ _ • „ l as t month month
J-I Z !•„ Z - Z11 - - I-- I i C - - Z5L ZI „ ^6I _ 11C Z SC . 1C Z _1.?._ „ 111J Z1IC ILAndhra Pradesh- 1 1 - ~ 1 - . - - -2,Bihar 14 11 - ' 11 . 3 3 1 - 1 23. Gujarat 2 2 - ' 2 - 1 1 - 1 _4.Haryano 1 . 1 ' - 1 - - . _ . _ _5. Hi mac hal Pradesh ' 1 1 - ' 1 - -. - _ _ . _ „6,3ammu <i Kashmir 2 1 • - 1 ! - • - . . - . * « .7*Karna'taka 1 1 - 1 - 1 n 1 _ .1 _8. Kerala 1 1 - • ] . . „ - . -g.Pindhya Pradesh 4 4 - 4 - 2 2 - 2 -1O.r"1a haras htra 6 5 • - . 5 1 - - - _ „H.Orlsso 1 1 - 1 - - . - - _ _ .i2.Rajasthan 2 1 - 1 1 1 - - 113.Tamil Nadu 1 1 - 1 1 1 - 1 • -14.Tripura 2 2 ~ N 2 - 1 1 - 1 - '15 .Ut ta r Pradesh 1 4 1 3 - 13 1 3 2 - 2 1IS.Uest Bengal 2 2 -• • 2 - - - - - -
T7, Al1 unacTia 1 Pradesh 1 1 - 1 - 1 1 - 118..Dglh.i 2 2 - - . 2 - - - - - . _19.Dadra & N.Haueli 1 1 - 1 - - . - - _ _
_ _ „ T O T A T ~ - - - 5 " g - ~ 5 2 "" ~ ~ ~ J ~ - - - ~§2 " 7 "" " ^ 4 ~ " " - j o " - - - - - - - ^ - - -
- - 6 6 «• '
S.No, Name of S ta te / ' " j | j [^Qj i [ j j^ lJEi^ Appeal^ in . ..thei Supreme Court, **"„_""Union FilecL^ _ Disjjose 0*13 f i L_L Pending FiTsd _ Disposed^ Mpf PendingT e r r i t o r y Upto the During To ta l Upto the During To ta l
end of l a s t the end of the— — «1 _ __ M
m £ n i n _ „ -»m i in ih_ m „. „ „. • „ ^a£,^_m^nih__rnoni.h_- ™ _____ _
J-_ _ 1 1 - 1 ! _ _ _ Z Z !•«.!. i C » _ ~~5-J. «, _ Z Z6 , _ „ !*„ Z !•« Z i-_ _ „ J,°I „ _ 11A „ 12 „1 . B i ha r 39 27 - 27 12 3 3 - 3 -
2 . G u j a r a t * 5 4 - 4 . - ] - [ 1 „ 1 ,
3 . Ke ra la " 8 8 . - * 8 - ^ 2 2 - 2
4.nndhya Pradesh 23 . 23 •* 23 , - 5 "4 ' • 1 5»
5. l^ianipur ' • •""• 4 ' 4 -T- 4 - ' 1 1 -. 1 -
6* Maharash t ra 16 16 - 16 - 2 1 r - 1 - 1
7* Oris-sa 4 4 . ^ 4 _ _ _ - . ' - . „8 . Punjab 42 41 - 41 1 11 9 ^ 9 2
9 , Rajas t h a n 20 16 1 _ 17 .3
l O . T a m i ' l Nadu 17 17 - 17 - 11 9 - 9 2
l i . U t t a r Pradesh 29 27 - 27 .2 8 5 ^ 5 . 3i 2 . A r u n a c h a l Pradesh 1 1 ^ 1 - . 1 1 - 1 - ^
.13*Goa,Daman & D iu 2 2 ^ 2 - ^ ^ - ~ ^. „.
1 4 . P o n d i c h e r r y 1 1 - 1 - - - _ _. «. ' '
~fnt7TL"" - - - - - - 2 T 1 ~ "1"51~ ~ ~ " 1 " - - - T9"2 "" ~ "19"" -45 "" "*3"g ~ "" " T " ~ ""37 .1 " "
- 67 - '
.GENER A_L_ E^ECI IO^^
Niu_mberi of Blec_ti_gn_j}ejAtions _f i l_ej_t_ dispose d J3 f^, j-LIUPiliQJjL-ilL-Jbhe iiHiqhi Cg_i rt _an __Ajj_pea ls i i n the Supreme J^jjujrt^
(As on 30.9.85)
'S.ixFa', Narno" oT S*ta*ts"/ f l e c ^ t i ^ r i J ^ t i tTons'^i'n t ' h " 'Hiq'h"*iiC^qu-'r't?-""° A'p'pea'ls' Tn tKe Supr.ame C'o'urt^_ " , , " ,„Union FTTed "^~~B_igj?_osed of Pending Filed Disposed of PendinaTerr i tory Upto the During Total Upto the During Total
end of the end, of the., __ .. __ M __ _ ' l £ s t iE0Ilth mo_nth __ • _ «, „ •• _ i^s.* rn£nin SUP nth __ __
i«- r zc i z - - 1 - - -•- - 2«- -115^. i -T. Z6i „ „ iz, z i c -1»- z»i° i ~» IIA - J2j 11 _ _
1 . Himachal Pradesh 12 12 - 12 . - 5 3 - .. 3 2
2 . Haryana 27 27 - 27 17 13 2 15 2
3. Kerala 15 14 ' - 1 4 , 1 4 4 - 4 - '
4 . LJest Bengal 8 4 3 7 1 « - - . » „
5. Nagaland ( 4 3 - 3 1 2 1 - T t
TOTAL: 6 6 - 6 0 3 63 3 28 21 2 23 5
(As'on 30>.9o85)
S.No. Name of S ta te7 EJ-ectiop Pstit.lp.ns.. i n the High" "Courts"" . "pp'qo'lg' Tn"th*e"'Su'pFom'e'°Cpiurt"* "" ""U n ^ " o n Filed m^.^^]Mj?^M&&^^^m^^JlQnding~ F i T o c 3 ~ ' Disposed oF*"^"""' P?ncTTngT e r r i t o r y Upto the Dur ing T o t a l UptTo Tho bubing l o t o l
end of the end of thol a s t month l a s t month
_ _ .' .."_ __. _ «. _ _ i S 0 ^ ^ „ - . „ • • " « . » . _ _ „ ^.. „ ^ „ », _ ^ mojiti i _ „ . _ _ . " .1 . 2', 3 . 4 . ' 5 . 6 , 7 . 8 . 9. 10 . 1 1 . 12 .
1. Andhra Pradesh 39 34 - 34 5 11 . 2 2 4 7
2. Assam 6 3 - 3 3 - - - - -
3. Dammu& Kashmir 76 11 1 12 64 - - - - „
4 . Karpatako 22 20 1 21 1 4 - 4
5. Fie g ha la ya 5 4 - 4 1 — - — - -
6.- Tr ipurn 42 - 2 2 - - - - -
7. Delhi 14 4 4 8 6 . 1 - - -j
MM » » «>.-. c a » » B= fc^B OBiO « « «,=, «^» « „ . , , ^ , \ „ „ > I = 1 B I ^ ^ m m ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ B 5 = | t ^ ^ ^ mtmm ^ . ^ ^ ^ . ^ c _ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^
TOTALS 166 78 6 ' 84" 82 16 2 2 4 12
- 69 -
' MNERAL ELECT.ION5_T0_THE HOUSE OF THE PEOPLE, 1984
iJUJlLboJU.g.r eil^cti_o.n_..pejLi_ti_onsi iifi_lod_Ti disposed of , pending i n
" ' - . (As on 30,9.8 5)
S.No. Name of S ta t s / l i l j c t i o n Pet i t ions in i The ,'Hicih rjourts^ -Appeals- i n the SuprejTieCourt ._„-^ Union Fi is d Disposed of Pe n di n g Fi le d Disposed of J^e n riTng"
Territory Upto the During Total Upto the During Totalend of the ond of the
_» * _ _ la-si iTl°r>th month „ _, •• _ _ l § s ± jponth j ^o^ th _••___, „ _ _ _
- !•„" 2 2 C „. Z Z Z ZZ i«J"-Ti•_""„""- ^JL'SSZ ^jTSZZi<Z"Z'%*ZZ M*Z'SZ 1°^. ZZZZI^JL ZZ~M*S~~
I . A n d h r a P r a d e s h ^ 5 - - . • - 5 - - _ „ «2 . B iha r • • 5 - - ^ 5 ^ _ „ » • » .S, Guiarat 2 • 1 : - 1 1 - - - » ~4.Haryana 2 1 - 1 4 - _ 15«Dammu & Kashmir 2 - - - 2 ' - - " _ • _e.Knrnataka 1 - - _ 1 - _
v 7. Kerala 1 » 1 1 . -] - - - *'B.Madhya Pradosh 2 - 1 1 - ] _ - . _ - _9;Maharashtra 2 1 ~ 1 1 - - - - - -10.0r issa ' -1 \ - • - 1 ' - " ~ -11.Ut tar Pradesh 15 4 - 4 " 1 1 2 - - - 2i2 .Uost Bengal 6 - - . . - 6 - -1 3. Lakshadueep 1 - - - 1 _ -14.Dadro & N.Hayeli 1 1 - 1 _ 1 - - _ -jt o . Delhi .4 - - . ' 4 - - - • - _ •
TOTAL: 50 8 2 10 40 4 - - - 4
- 70 - >
Number of election petitions filedT disposed of. Pending i_n
(As,on 30;9.85)
S.No, Namte- of State/ Election Petitions in the High Cour t Appeals i n the Supreme Cour tUnion F i l e d ,.___J^3jpjDj3e^ Fi lecT""~bi.sposGd o f " PendingT e r r i t o r y Upto the Da r i ng T o t a l Upto the"" Dur ing " t o t a l
end of the end o f thel a s t month l a s t month
- . .»=_ -» _',.., .— „ _ _ « , — — J2°H^.b .« „ , r«'«., _- _ „ «= _„ .„ _ -., ,.-, „- — _ JU^Hth _ _ _ _ _ . „ _ „ . "_ __ _"
1 . 2.. ' 3 ._ 4 . 5A _ _ 6 A 2« - _ 8 » „ _ 9 A „ „ 1 0 » _ _ 1 / l * 1 2 «
1. Tamil Nadu 5 - - ~ 5 _ - . _ _ _ _
2. Hanipur 4 - - . - 4 - . - - - -
3. Arunachai Pradesh 1 - • - - 1 - - - -
4. Coa,Daman & Diu 1 - ~ - 1 - - - - -
B.flizorarri 1 - - - 1 - - - . _ _
Tota l ; 12 - - - 1 2 - - - _ _
- 71 -
(As on 30.9.85)
*' ~ " N"am's""oF 5°ta"te"/"°* ^ leVt ion" Pejuj^ijpj]j3^^^ *"^fil^LX!£Ik5£1^5!Bi!25£l£Zy^JLLJILJI ~ ""3 • h ° • LJnion TTTe d^"I^iCSiksA-SL-ZIl i l lZl.Pen3Tng"" Fl fe'd .Dis^_osed of Fe nding
T e r r i t o r y Upto the Dur ing T o t a l Upto the Dur ing T o t a l. • end o f the end of the
l a s t - month l a s t month^ ^ , _' „„ = — — • — _ n £ n i ^ L . — «-. , — — _=. «.= ,- - , _, -,- «.-, — «-. JT0_Dtii _ _ , „ „ , . „ " . « _ « _ „ , _ __
'" 1 . 2 . ' 3 . 4 . 5. ' 6. 7 . 8 , 9 . 10 . . 1 1 . 12 .
1 . Andhra Pradesh 17 - . - ' ~ 17 - T - - ~* .
2-. Bihar 45 1 - 1 . " 44 -r ^ . -. ^
3. Gujarat • ' 9 — . - 9
4. Himachal Pradesh 11 1 1 10 - -
5. Karpataka ?6 - 26 ^ - ~ * •
6. Maharashtra ' 2C. ' 4 5 ' 9 17 -
7. Madhya Pradesh 54 1 •* 1 53 - -
8. Orissa " 8 - - 8 - -
9. Rajasthan 24 - - 24 *• -* * ^
lO.Sikk im -.. • • 2 - 1 1 1 - - -
H . U t t a r Pradesh 74 2 1 3 71 ~ -<• ^
i2 .Pondicherry 1 - - . - 1 - . " _ _ _ _
TOTAL; 297 8 8 16 281 - - - - -
- 72 -
STATEMENT-IX
PETITIONS IN THE HIGH COURTS AND APPEALS IN THE
Name of State/ Less than Between Between Between OverUnion . a y^ar • 1 - 2 2 - 3 3'- 4 4 years
ears years years•_ - , ~, -HA— ""sF """"MT "' Fcf
Anrihra PrsdeshAssamBiharG u j a r a tHa r ya naHI mac ha 1 PradesDarmnu & KashmirKar natakaKe r a laPiadhya 'PradeshMaharashtraManipurPie g ha la yaNaga'landOrissaPunjabRajasthanSIkkimTamil NaduTr ipuraUttar PradeshWest BengalA r u na c ha 1 Pd.DelhiLa ks had wee p
22~4910
1h10
227.-5418'4-_
9- .241' 5-.82
614
'1
-—
-11_2
——
-—----
«,2..«.M B
5
2 - - - 15_ -. _ - « 12
1 _64 - 1
2 - - - * -1 _ „ _ _
1 1
1 - _ - 1 - <]<j- 4 1
1 _ _ _ _ «. 'I
2 - 2 - - 3 2
6
1Goa,Daman & Diu 1 -Pondicherry '1Dadra,N.Haveli - 1
l ° l f i ^ : ^ , _ _ _ .™3J2_ J __ _ 20 _ 1J _ jS7_ ra5_ _ - _ _ 1 r a 25_
@A n appeal pending for more than 13 years relat ing to1972 general elect ion.
- 73 -
R - \J
«t inn end of Saptd; i- r, 'Ui, thato existed
20 vacancies in the House of People and 2 vacancies
in the Council of States. In the Legislative
/-issembliss of various States, there existed 13
vacancies uheraas in the Lscj iaidtiUs Councils
of various States, there uere 132 vacancies. A
statement shouing details of vacancies is given
in the foilouing pages. . "
- 74 -
(As on 30,9.1985)
. Name of State/" Council^of S tat^3S LeaJ.s lat iy eUnion
1 .2...3 .
5 *6,.7,8 .9 .1 0 ,11 .12.,13..14.1 5 .
is...1 7 .18..1 9 .2 0 .21.,2 2 .
Andhra PrAssam 'BiharG 11 j a r a tHarvana.HirnachalDaHiTiM&K a sKarn : ' takaK er a 1 aPiarihya PrMaharashtHani purPiaghalayaNaaaland0 r i s s aPunjabRaj asthanS ik k i nT a m i i NadTripuraUttar Praiiiest Ben]
107
2211
5Pradesh 3hrnir
ad oshr a
u
dcsha l
412 '
91619
11
107
101
18-i
3416
1 , Andaman & N.Island "12* 'Arunachal Pradesh -3.. Chandigarh -4, Dadra & N.Hav/eli -5, Delhi -'36. Goa,Daman & Diu -7. Lakshadueep —8;, Mizorarn 1g# Pondicherry 1
J4
3663
78
63
108
TaclintLr"ZEl
7 — 8
,34
821
21-39
3 1
C= Casual vaann
R= l/acanciss duo to ret irement.
NB=Details of vacancies are shoun in the enclosed statement
- 75 -
c
h 4-usr p f t h o '
,As on 30.9.^5)S . !\l o , [\l a m e "oT "
UnionTerritory
1,2 .3 .4 .5 :.6 .7 .
Prado
Andhra PradeshAssam** -BiharGujaratHaryanaHimachaljgimmu & Kashmir
8. Karnataka9.'KeralalO-Madhya Pradesh11 ..Maharashtra1 2., Nan i PUT
IS.Moahalaya ,U.Naqaland15. Or is s a16,Punjabi7.Raiasthan18..Sikkim19 .Tami l Nadu2C..Trinur^2 i . U t t a r Pradesh22,Uost BanaalUJJION lERRTrC>.RI.£S1 . Andaman &" N'.Tslends2.Arunachal Pradosh3. Chandigarh4.Dad-a & N.Haueli5..Delhi6.»Lakshaduieep7.Goa,Daman & Diu •
9.Pondicherry
4 i14
261046
28204048
221
211325
139
2-85.42
121171211
30
303030
.6
2941263 24182906876*
2241403 2028860606014711720032
23 460425294
-_212-
_1«.1
_
2_
1
1
enclosed,' Excluding 24 seats
occupied Territory
* Assembly was disso
Q Metropolitan Counc
s are shown in statement
ear-marked for Pakistan
lued on 18.8.85.
i l Constituencies,
- 76 -
VACANCIES IN PARLIAMENT AND STATE LEGISLATURES
\ . • (As on 30.9.85)
. Name of State No, of JNo.and Name Causl>'~~oT - — — *~T~, ' ' ——-»,----- . — ~ — ~ ~ ~ - — —
seats -of Constituency vacancyvacant'/ cacancy poll.
T—j- — .—» _-.. ~ 3 — - , — . ^ ^ - ^ - ^ . ^^_^»-^^^^^_--^->;^--~—^ —
" BY RETIREMENT £2Ji'i£Ik ^fLJLILFJ.I.Dammu & Kashmir 1 By members By 10.1.84 -
retirement.C.ASilAL VACANCIES . ' . ,
I .Ut ta r Pradesh 1 ' By members Resignation 14.5,85 • • • . . — ' -
' ' . HOjJ_S_E_ Of_JH_E PEg.P_LE
I.Assam 14 A l l the 14 General 31.12.84 - *•seats are "' election.vacant not held,
• -2. Bihar . 1 23-K isanganj Death 2.7.85
"3.0rissa 1 5-Kindrapara Resignation 25.3.85 - -
4,Rajasthan 1 3-ChUru Death 22.6.65 - -
5.Uttar Pradesh 1 5-3ijnor(SC) Death . 16.5.85
' S.Uest Bengal 1 41-Bolpur Death 5.5.85 . - - . . .
7#Delhi 1 1-South Delhi . Death 31.7.85
- 77 - .
_ ~ , - -_ !__- -_»__ _ _ „ _ _ _ LEGISLATIVE CDimr i L1 2 _.__ „£.._,,„ \^^~—*~*~""~~~X"~""~~~™~"~-«--—-_«_„ — — _ _ _ ' ~
1 . Bihar 34 Patna L.A. ^ ~ ~ ~ " ~ ~™*~~"'"~~^~^M a land a L.A. Rpf i roH 11 u . •' .—•————Gav- L A s t i r e d 1 1 members re t i red - Inform * •, ya L # A * . nn fi q 7P i-i u information reqardinn
Saran L^A». . , author i t iesSiuan L.A. constituenciGs), isbopal Ganj L.A. • auaitod from the
*Uest Champaran # a s t Champar an L.A. , Chief Elsctoral Of f i rpniiuzaffarpur L.A.Vaishal i L.A* *Sitamarhi L.A;, . "
•-• Darbhanga L.A;. ' • • •Madhubani L.AU '^S.r.mastipur L.A.f'lcnghyr L.A. ."Begusarai-cum- •K hag a r i a L.A.. . •Bhagalpur L.A.Purnea L. t t .Kat ihar L.A.Santhal Targanas L.A.1 2 scats)Hazaribagh L.A.G i r i d i h L.A.Ranchi L.A.(2 seats)Palamau L.A. .Dhanbad L.A. .Singhbhum L./U(2 seats)Madhepura L.A. v ~ '
. - 78 -
2 . 3ammu & Kashmir 8 By HLAs ^pI^eT^T^Tahs i l K a n i l =.y.b4 _ . _( 1 scot)
Oammu Prouice Retired 11.9.84V4 scats) . • • ' "*. " ., -
Kashmir Retired n' .9.84 #Prov/mce
- . • . (3 seats)
.3.Karnataka 21 Bidar L.A, . Retired 7 memb e r s " r B t i r a d
bulDarga L.A. on 1.7.78, 7 " Certain l oca lBi japur L.A. members r e t i r e d bodies yet toSclgcium L.A. an 1.4.5.80 and bo cons t i tu ted .(2 seats) - 7 members .ret i redUttara on 11,6.82.Karm ad a L.A.Dharuad L.A. '(2 seats)Raichur L.A.Bol lary L.A.Chitradurga L.A.S h i m o ~} F L . A • .Dak s h i n a -Kannada L .A .Ch ickmaga lu r L .A .Hassan L . A .Tumkur L .A .f landya L .A .Banga lo re L.A#K o l a r L .A .Kadaou L.A-.Mysore L . A .
- 79 -
4. Maharashtra 8 Nasik L.A. Retired 7.7.82 - DlJ7T5^on-^i7t^Tce~~'Purie L.A. ' • of local bodies b iennia lOsmanabad-cum- . e lect ions can ' t be held.Latur-ctim- Beed Ufi,Aurannabad L.A. - • .Parbharii Li A.Raigad-cum-Sinphdurg-cum- Retired 27.6.84Ratnagiri t .A . _ ..Sangli-cum-oatara L.A. v ' .Amravp.ti L.A.
5.Tamil Nadu 21 Madras L.A. Retired 21.4.74 - ReConsti tution of theMadras Corporation (themembers of uhich.const i tu te , the a lector ate)is awaited,
Chengalapattu L.A. Retired 21.4.76 ^ - . Rcconstitution.. o f localCoimbatcre-Nilgiris L.A. ' ' Bodies awaited.(2 seats) ' :Madurai L.A.(2 seats) . •• * ' '
T i r u n a v e l i L . A .(2 seats) .. - ' .'Nocth nrpot L.A. . Ret i red 2 1 . 4 . 7 8 - - d o -
• (2 scats)South arcot L ./» •( 2 seats)Tirunchir aoally- '
•Pudukkottai L.A• r
( 2 s e a t s )Knnyakumari L.A.
- 80 -
Tamil Nadu Thnnjavur L.A. ~ - — - ^~~-~^~-^~-~^--4~--------JLl_™_JIZIZZri3CContd*.V (2 seats) Re-tired 21 .4 .8 0 _ 9 n "n ..4."
Snlom-Dhnrampurl ^ c o n s t i t u t i o n of .L.A.(2 scats) • - . L o c a l Bodies awaited.
Ram-ncthrpuram, • • LA-(2 so.ats)
6.Uttar Pradesh 39 Tehri Garhuinl U . ' o , - , •Garhual L./\. Reared 26 members - Reconst i tut ior ofKumaon L.A. . r e t i r e d on - Local BodiesMoradaBad-Bijnor L.A. 5.a.80 and awaited.Rsmpur- • 1 3 membersBare i l ley L.Ar r e t i r ed onBadaun L.A. 5,5.82.Pilibhit-Shahjeh an pur L .A .Har r i o i L . A . -K h er i L . A . .S i t a p u r L .A . . -...Lucknau-Unna L .A .Rao B a r e l i L.A*P r a t a p n a r h L .A .S u i t anpur L .A .Bar a B a n k i L-.A.B a h r a i c h L .A .Gond a L .A .Fa izabad L .A .B a s t i L . A . "Gorakhpur L-.A. :D-eoria L . A .Az amgarh L.A •B a l l i a L . A .Ghaz ipu r L .A .
. Ut tar Pradesh. Daunpur L.A. • - — ~ - - - - - — • — . - . - . - . . „ « _ _ _ _ _ _ _ _ _ — — _ _ _ „ _ _
(Contd.) Varanasi L.A. Retired 26 members retired - Reconstitution offlirzapur L.A.. .. on 5.5.80 and 13 L o C a i Bodies awai ted.AlJ-ahabad L.A. .. members r e t i r e dBanda-Hamirpur L.A. o n 5 .5 .82 .3hansi -3a laun-L a l i t p u r L.A. .Kanpur-Fat eh pur L.A.Etauah-Farrukhabad L.A.Agr a L.A...Flathura-EtahMainpuri L.A.(2 seats)Al igarh L.A. . •' .Bulandshahr L.A.Heerut- ' . .
- Gh'aziab ad L . A:.Muzaffarna3nr'-.Saharanpur L.A.
^i3JJJjLJ^JiJ^lS5. ' ' ' • ' •1.3ammu & 1 By Kashmir Rein 11 R 8^ D K -H
Kashmir P a n c h a y a t - J 11.6.83 . - Panchayats iny . Kashmir praymce
have not yet beenconstituted',
- 82 -
* U GISLATIVE ASSEMBLIES *
I .B ihar 2 120-ivladh epura Death 8.4.84111-Kisanpur Death 8.4.65 . . .
2.Haryana 2 14-3undla Regn. 28.9.85 - •63-9hadra / Rsiifn 9.9.85 •
3.3arnmu & 1 48-Doda Dcclornt ion d t . . The Commission's order dated 22.6.83Kashmir " / o f 18.4. B^ result' uas __ cancelling the R.C's daclaration of
c'lncellnd and ~ result and dir ction ropoll in 16ropoll ordered in •* polling stations., uas stayed by J&k16' polling Hi:jh Court on 29.6.83 in writ petitionstations vide No,291/83. On appeal by the CommissionCommission r's order the Supreme Court vacated the Hijhdated 22.6.1903. Court stay order on 19.7.83, and diroctod
the Hioh Court to dispose of the wr i tpet i t ion sxped i t iaus ly • The HiohCo'-irt decision .in the u r i t pet i t ion is
s t i l l awaited.
4.Kerala .1 111*-Wanni- Death 22.3.85
5.riah?.ras»1 117-Sian^pur Death 3.9.05h t r -
•6,Punjab 2 30-J al lundur Death 28.9.85 k - The po l l uas countermand ed duo to deoth• . North of candidate on 7.9.85 during the General
Elections to Lo i i s la t i vc Assembly of Pu'njob.31-Jul lundur • • •' ^ - do -
. central D.,ath 28.9.8 5
- 83 -_ , ! _ _ ' '
_ _ _ _ _ _ _ _ 2__ ~ 3" " _ ^
7. Gujarat " " f " " ^ ^ J ^ j ^ - - - - } " ~ ~ -_ Z
8. Ta. i i N a d u ,
9* West . •B e n Q a l 1 51-Aurangabad Death • 7 . g . 8 5
, 1 0 ' Q B l h i 1 2-Luxmibai Magar Death 4.9.85
» • • • f -•
• • • V
- 84 -
CHAPTER - V I
ISSION'S VmJS AND PRE53 STATEMENTS ONCERTAIN ASPECTS'OF ELECTIONS'
During the month of September, 1985, Commission's
uieus on security for contesting candidates in Punjab?
appointment of observers, extension of broadcasting
facilities at District level, general security
arrangements 7' hiring of pianos by political parties,
meticulous planning for Punjab elections t Chief
Election Commissioner's appeal to the electorate
to vote fearlessly etc. appeared in the press.
Relevant press-clippings are reproduced in the
following pages. !
In addition, the text of Chief Election
Commissioner's telecast on 25.9.1985 after conclusion
of the poll detailing therein the various measures
taken to conduct free and fair elections in Punjab,
13 also reproduced at the end of this chapter.
- 85 -
HEAVY SECURITY FGH ALL CANDIDATES
Each candidate contesting the general elections
in Punjab will be allowed to have five armed guards
as a security measure, according to Election
Commission Secretary R.P, Bhalla,reports UNI,
After meeting the representatives of
political parties and State Government officials at
Chandigarh yesterday, Dr. Bhalla said in Delhi on
Wednesday that State Government uould provide two
armed guards and the candidates would be allowed to -.
appoint three more. The State Government would issue
licences for guns used.
The representatives of the Congress, the
Bharatiya Janata Party, the Janata Party, the Communist
Party of India(Marxist )and the Communist Party of
India '(CPl) demanded that the guns which were taken
away, from- the people after Operation Sluestar should
be returned to the concerned people for use against
terrorists during elections, Dr. Bhalla said.
Dr. Bhalla said he had brought this demand
to the notice of adviser to the State Government
Surendra Nathj who had agreed to look into it.
The State Government had also agreed to
withdraw prohibitory orders under Section 144 Cr PC
still in force, in some districts to enable election
campaigning by political parties.
- 86 -
One Central--and two State observars uould be
appointed by the Election Commission for each of the
13 parliamentary constituencies to ensure peaceful
and fair polling. These observers, among senior
Government officials, uould bo posted two days before
the polling and uould remain there till the election
process uas completed, Dr. Bhalla said.
Dr Bhalla said he uas "satisfied" uith the
talks uith the representatives of the political
parties and the State Government 'officials.,.
The State Government assured the Election
Commission of taking all measures for maintaining
peace during the election, he said. The situation
uas conducive for holding elections, and political
parties had assured him that the model code of
conduct uould be observed by then).
Patriot,Neu Delhi,5.9.05,
- 87 -
12- CENTRAL OBSERVERS FOR PUNJAB
The Election Commission has•appointed 12 . >
Central observers, one for each district, for the
coming Lok Sabha and Assembly elections in Punjab •
reports PTI.
The observers, all joint secretaries in the
Union Government, will be in the State from September
21 f four days before the poll and act as "eyes and
ears" of the Commission, the Deputy Election Commissioner
Mr, 1/, Ramakrishnan told reporters in New Delhi on
Mo nd a y.
Mr. Ramakrishnan said the Commission has also
appointed 26 Election Commission observers, drawn from
the State Governments at the level of Commissioners, to
oversee the polls,
F!r Ramakrishnan said the observers, 38 in all,
will be allocated responsibilities in the 13 Lok Sabha
and 115 Assembly constituencies. Elections in two
Assembly constituencies hove been countermanded following
the death of a candidate.
A meeting to brief the Central observers was-
held at the Commission office in New Delhi on Monday
morning. The Chief Election-Commissioner, Mr. R.K.Trivedi,
apprised them of their duties and urged them to ensure
- 6 8 -
that the electoral machinery conducts itself
objectively.
Mr. /'Ramakrishnan said the appointment of
Central observers uas in line with the past
practice. Such observers uore also appointed in
tho recent general elections, he said.
Besides, fir. Trivedi and Mr, Ramakrishnan,
Monday's meeting was also attended by the two
secretaries to the Election Commission.
UNI adds; The Election Commission has bean
officially communicated about the Ordinance
promulgated on Sunday amending Section 52 of
the .Representation of the People Act 1951, not
to countermand pell in case of the death of an
Independent candidate in a constituency.
Mr, Ramakrishnan, however, declined to
comment on the Ordinance,
The Janata Party leader, Mr. Madhu Qandavate,
said the Presidential Ordinance amending Section 52
of the Representation of the People Act, 1951, uas
violative -of the Fundamental Right of equality
before lau and as such uas ultra vires of the
Constitution. He said because of the "discriminatory"
character of the Ordinance, it would not stand
judicial scrutiny.» • •
Statesman,Neu Delhi,1 0-. 9,85
- 89, - -
EC r-OSTS 10CENTRAL DB5EH\1 ERS
The Election Commission has posted 10
central observers in Assam to supervise the revision
of electoral rolls, . ."
Following the «ssam accord, the commission
extended the date for filing of claims and
objections up to September 27 in the state. The
commission had completed an intensive revision of
electoral roils in 61 of the 126 assembly segments
in Assam when the memorandum of settlement was signed
by the agitation leaders and the Union Government,
The Commission has ordered a special revision of
electoral rolls in all these constituencies. .
The Deputy Election Commissioner, Mr .V.ftamakrishnan*
told ENS on Tuesday that the central observers would
ensure that electoral registration officers carried
out the instructions issued by the commission on the
manner in which they sould decide claims and
objections filed by the people. All borderline cases
will be referred by the electoral registration officers
to the central observers. The commission has
selected joint secretaries to the Government belonging
to the Assam and l eghalaya cadres to be posted as
central observers.
Follouing complaints about the manner in which
some of the lower officials were dealing uith the
_- 90 -
claims and objections filed after the publication
of the draft rolls, the commission decidsd to appoint
in addition to the central- observers, 14 additional
chief electoral officers. The additional CEO will
be assisted by a DIG of police and 15 sub-inspectors to
investigate every claim and objection in a constituency
where a review of the electoral roil has been ordered.'
Ms regards the, disenfranchisement of illegal
migrants who came into Assam between January 1, 1965
and ["larch 24 f 1971 , this can only'be done by the
commission after Parliament amends the law. Until then
the commission will retain these persons on the
electoral rolls. • •
These persons will therefore retain thair
voting right if the elections to the Lok Sabha and
the state assembly are held in November this year.
The Assam accord states that these migrants
between 1956 and 1971 "shall be detected in accordance
with the provisions .'of the Foreigners net, 1946 and •
the Foreigners Tribunals Order 1964", The names
of foreigners who are detected will then havei • .
to be deleted from the electoral rolls. It is
•highly unlikely that the tribunals which are to
be set up to detect foreigners will complete
their task in the near future. After the tribunals
- 91 -
complete their task, the law will have to be
suitably amended to disenfranchise these migrants
for 1.0 years as stipulated in the agreement. The
amendment is necessary because these persons will
continue to enjoy all other rights while foregoing
their right tu vote.
The commission hopes to complete the process
of revision soon after the last date for filing
claims and objections, because it has already
covered much ground during the intensive revision
of electoral rolls, union was launched* in November;
1984.
Indian Express,New Delhi,11.9,85
- 92 -
MODIFIED PROPOSALS, ON POLL BROADCASTS
While the Chief Election Commissioner, Mr.
Fi .K .Trivedi, is satisfied with law and order in
Punjab, he is, as he put it, keeping his fingers
crossed, "I am hoping for'the bast and preparing
for the worst", he said in an interview today,
"To the best of our knowledge and to the
best of their (the Government's) capability,
the situation in Punjab is under control", he
added. Tha Chief Electoral Officer of Punjab
Mr, S.L.Kapur, met Mr. Trivedi this afternoon and
gave him a "layout of the situation as of now".
He said he had slightly modified his proposal
for election broadcasts in Punjab after .talks with
the Union Minister of Information and Broadcasting,
His original proposals had gone to the Cabinet,
There were some points raised there.
"The modified proposals- have gone back to the
Cabinet for approval and as soon as the Cabinet
decides, election boradcasts could begin. Ue
will cover the recognized political parties which
have put up candidates. They will be given time
districtwise from the two channels of all India
Radio at Jalandhar", he added.
- 93 -
The broadcaster could either be'a
candidate or a partyman to speak on behalf
of the ' nominees* "After a draw of lots
the date and time of broadcasts would be
communicated to the parties. "On an average,
. - there will be three or four broadcasts or a
maximum of fiv/e from a district". The main
parties contesting are the Congress(i) and the
rikaii Dal, followed by the BJP, Janata Party,
CP1 and the CPl(f'i).
There could be something like 50 broadcasts
in ail fox tha 12 districts of Punjab. Asked if the
Independent candidates would be allowed to broadcast,
Mr. Trivedi said: "No". Tho pattern would be the
same as for the general elections for the Lok Sabha
There was no payment for the broadcasts then and
there would be none now. • • \
"It could become a pattern for the future -
depending on what response there is from the listeners
and political parties. In course of time, no one can
avoid the use of media. It is as well, I think", he
added.
<4sked what he thought of the ordinance laying
down that an election need'not be countermanded if an
Independent candidate died. Mr. Trivedi said it was
within the "legislative competence" of theGovernment.
- 94 -
"LJG have", he further said, "received
notification of the ordinance. Nothing else has come.
UQ have asked for the Press Note issued with the
notification. Ue will have to see what the back-v
ground -is. uie have also tu see the rules and regulations
made under the ordinance before we can study t/he •
implications. Until ue get further details, I
cannot comment, not for the present".
As the Election Commission is preoccupied with
the Punjab elections - arrangements for the printing of
ballot papers in Delhi and Chandigarh, their transport
to the State and several other administrative question—
the finalization of Hssorn electoral rolls is in the
background at the moment.
The last date for the receipt of claims and
objections is September 26. Thirty days were given
to even those 25 constituencies were the final rolls
had been published.
Asked now'long it would take to dispose of the
claims and objections-a' month, two or three- Mr.
Trivedi said that it depended on their number. "Ue
are not yet aware hou many there are but ue have
asked the electoral registration officers in Assam to
start disposing them of". \
• • • •Statesman,P\iew Delhi,13.9.85.
- 95 -
POLL CHI£FbRIEFEu ON SECURITY IN
The Chief Election Commissioner* Mr. R.K*Triuedi
said today he had byon assured by the Punjab
authorities that tho law and order situation was
uhder control and it would be possible- to have
peacafulpulling.
He got tho latest assessment from the Chief
Electoral Officer of Punjab, Mr. S.L.Kapur, during
a review meeting here yesterday,, Mr. Kapur acquainted
Mr. Trivedi with the detailed steps planned for the
security of candidates and voters. On tha basis
of these discussions, Mr. Trivadi said.the authorities
in Punjab were not taking any chances as far as security
and law and order were concerned.
The latest reports from Punjab ware believed
to have been considered by the Cabinet Political
Affairs Committee this evening. The Government it was
made clear, would not be lulled into complacency because
of the present incident-free situation. Security
precautions were proposed to be stepped up now
that the campaign was picking up and field activity
increasing.
Controversy: Meanwhile the recent ordinance
seeking to confine the counter-manding of elections to
cases of the death of a candidate belonging to, a
recognisad political party, continued to be a subject
- 96 -
•of controversy* According to Fir. Trivedi, the poll
Commission uas not consulted in this matter. In reply
to questions he said he uas opposed to the entry of
non-serious and frivolous candidates in the contest
and not of independents as such. The Commission, he
said, had made several recommendations in this regard,
HouoVGr» the Commission did not see anything
urong uith the proposal envisaging facilities for
broadcasts at the district level on behalf of the
candidates of political parties to the exclusion
of independents. This uas not considered a
discriminatory arrangement,
Hindu,Madras,14.9.85.
_ g? -
POLIT ICHL PHRTI ES IL_CAN ..HIRE ,PLANES
If any political party desires, it can hire
a helicopter and aircraft for election purposes,
a spokesman of the Election Commission said here
today.
The spokesman clarified that official
helicopter and aircraft could be used only by the
Prims Minister for the election purposes because
of security reasons.
Talking to neusmen, he said that other
Ministers and candidates were not allowed to use
the official aircraft or helicopter for elactionaring
under the code of conduct formulated by the Election
Commission.
Asked about the BDP's allegation of misuse
of the official aircraft by some Congress-I
candidates and party loaders during the election"
tour of the Prime Minister in Punjab yesterday, the
spokesman said- that no memorandum in this regard,
as reported, had been received by the Chief Election
Commissioner so far.
Hindustan Times,New Uelhi,18.9.05.
- 98 -
METICULOUS PLMNiMING FOR POLL: TKIVEQI
The Chief Election Commissioner* Mr, R .K .Triv/edi,
praised the Punjab Government for 'meticulously
planning ovary single arrangement" for elections to
th3 State Assembly and for tha 13 Lok Sabha seats
next week. "Touchwood there is peace", he said in
an interview. •
i!That has been possible because of the
cooperation we hava received from the people themselves.
I have been told by local officials they have been
receiving massive' support and cooperation from the
people. They feel reassured that they are safe.
They also feel that the administration is keen to
do dusiness fairly". Mr. Trivedi added.
"Of courses one can't rule out stray incidents
oven nou. But•by and large I am hopeful that even if
they happen they will be contained without seriously
disruptinq the election process", he said.
About 100 ,000 parliamentary forces from
the Centre, policemen from neighbouring States,
Punjab policemen and Home Guards have been deployed*
in the State although the Election Commission Secretary
has a hot-line with the Chief Election.Officer in
Chandigarh, it has been usually cold in view of the
prevaiiino calm so far.
- 99 -
Nearly 50,000 polling officers and staff will
man more than 12,700 polling stations. The ballot
papers have been printed in Delhi and Chandigar.h
and are being despatched to the constituencies.
The Chief Election Commissioner has askod
the Deputy Election Commissioner, Mr. V.
Rgmakrishnan and the Secretary Dr. R.P.
Bhalla to c-o to Chandigarh tomorrow "to
• tie up any loose ends" uhich may still
remain.
The turn officials will meet the 26 election
observers tomorrow and brief them about their duties
and how to dispose of any complaints they might receive.
They will also receive any representatives of
political parties, if they nave any complaints or
suggestions to make.
Twelve Central observers will go to Punjab on
Sunday.
nskod about his meeting with the Assem Chie-f
Minister last week and Mr. Saikia's statement
that elections' to the State Assembly could be held
in early December? • Mr, Triveo'i said: "LJe will consult
the Government after the electoral rolls have been
finalized. But finalization of the rolls will
- 100 -
depnd on the speed of disposal of objections and
claims. The last date for the receipt of claims
is still about a usek auay - September 26.
"Ue don't yet have the figures of uhat the
magnitude of this u/ork will- be. But going by
present trends - as reported to us by the Central
.observers - there seems, to be a fair possibility
that these might be disposed of by the end of the
October.
Statesman,Neu Delhi,2*1.9.85.
- 1 01 -
CEC nPPEAL TO l/GTE FEHRLESSLY
Chief Election Commissioner R.K.Trivedi
appealed to the voters in Punjab to exercise their
franchise fearlessly. He assured them that they
would get the protection they needed,
Mr. Trivedi said the Punjab Government "has
ke,-1 its word and has been able to create confidence
among political parties and candidates that the
election process will be gone through smoothly"*
He expressed satisfaction at the cojperation
of the Central and State Governmentst in maintaining
law and order.
He said they have also assured the Commission
that the safety of the polling personnel would be
ensured.
Mr. Trivedi appealed to all political parties
and candidates to co-operate in the next two days,
especially on polling day. He hoped the State
government would not become complacent but would
continue to maintain a vigil against terrorists and
disruptive elements till the results were announced*
V\v. Trivedi said Deputy Election Commissioner
I/.Ramakrishnan and Secretary R.P.Bhalla, who had
been to Chandigarh to assess the latest situation
in Punjab had reported to him after discussions with
officials and representatives of political parties
- 102 -
that law and order uas fully under control in all the
areas "including the sensitive ones".
The district magistrates and the superintendents
of police had u,rked out security arrangements in detail.
Hindustan Times,New 0Glhi,24.9.85.
- 103 - • .
'A _NEU MILESTONE FUR DEHOCR/iC Y'
A greatly relieved Chief Election Commissioner,
Mr. R.K.Trivedi, today regarded the big turnout
of voters and peaceful polling in Punjab as "a fact
that democracy has crossed yet another miles tons".
Security arrangements will remain in top gear
until results are declared Counting begins at 8.00 a.m.
tomorrow and first, results are expected at about
1.00 p.m.
Mr. Trivedi said this evening: "It was not
just an ordinary election. From the beginning, both
democracy and tho administration were on trial.
Thanks to the various measures taken. Ue are in a
position to say the challenge has been adequately mat.
"Three very special measures had to be taken?
absolutely foolproof security arrangements
anticipating the possible moves of those who wanted '
to disrupt the elections. This included tight
security for the national leaders, candidates and
voters themselves today,
"The new experiment of districtwise broadcasts
was tried for the first time in the country and ue are
awaiting reactions of the political parties
and voters generally about its utility".
- 104 -
"All said and done ths country can certainly
take pride in the fact that democracy has crossed vet
another milestone",
"I would like tc express my gratitude to the
State Government the Central Gouarnment the political
parties the staff security and other - employed
for election duties and last of all the media
including the Press for facilitating the completion
of the process peacefully and fairly", he said.
The Statesman,Delhi,26,3,85. .
- 105 -
^ \
polling in Punjab concluded this afternoon.
Reports are still pourino in and us have still to
receive information from the interior of the far-
flung districts. But the reports so far indicate
that, by and large? the voting was held smoothly
and peacefully. It looks incredible, but the
Commission did not. have to order repoll in even a
single polling station.
This was no ordinary election. Qemocracy and
the Administration both were on trial.
Salient Featuresfa) In the backdrop of the situation prevailing
in the State during the last three years and
particularly after the signing of the accord between
Government and the Akali Dal, maintenance of law
and order became a matter of primary concern and
, more so, because some groups of people had not only
decided to stay auay from the election but covertly
to resort to violence to thwart the electoral process.
(b) Generally general elections are held to
cover all the Spates together or at least a group
of States. Punjab was the only State which went
to the polls today.
(c) Elections to the Lok Sabha could not ber
held in December 1984, These along with general
* - 106 -
general elections to the State Assembly uere held
simultaneously. It is a matter of groat satisfaction
that both the Challenges mentioned above have been
met.
Some of the extraordinary measures taken during
Punjab elections were -
(i) Proclamation of an Ordinance by the
Government allowing for countermanding the poll in
any constituency only in the event of the death of
a candidate of a recognised political party.
(ii) Introduction of an experimental scheme
for district broadcasts by recognised political party,
(iii) Provision of fool-proof security cover
not only for the leaders of political parties,
candidates and the electorate themselves but also
tight security arrangements to prevent subversion
or terrorism,in Punjab and the neighbouring States.
(iv) Tight security arrangements for the
polling personnel and polling material reinforcedt
by the assurance of the State Government that they
would adequately compensate the families of staff
on duty in the event of any unfortunate incident.
(v) A perfect collaboration between the
Central Government, State Government, neighbouring
States, defence forces, police forces and the
- 107 -
volunteer forces like the Home Guards throughout the
period of electioneering and polling.
(vi) Piixing of Central & Stats security forcesa nd
and Central / State employees for polling duties.
Democracy in India has, undoubtedly, crossed
yet another milestone and 1 would like to salute
the people of':'Punjab for facilitating this process.
By pifttine up 20% more candidates than in the
previous election and by turning up in large numbers
to vote, they have also 'shown their enthusiasm. I
uould like to express Commission's gratitude to the
Central and State Government for assisting the
Commission to discharge its Constitutional obligation.
It may appear invidious to make any distinctions but
I cannot help expressing my appreciation of the
dedication of duty shown by the security forces
and the staff posted for election duty. Tha media
particularly- the press also deserves our gratitude
not only for educating the electorate but also for
a sober and balanced presentation of election news.
Counting will take place tomorrow and it
is expected that most of the results would be
announced by tomorrow night.
109
SlBOPJL J^LiLy~£L5flf L LAJ.J5On the 3th September, "1985, just on the sue of
the Punjab poll, the President promulgated an Crdinanco
amending section 52 of the Representation of the People
Act;, 1951. Uith the promulgation of this Ordinance,
it shall no longer be necessary to countermand the poll
in the .case of death of a contesting candidate other
than-one who has been set up by a recognised political,
party. The relevant portion of Section 52 of the
Representation of the People net, 1951 as it stood
prior to the promulgation of the Ordinance is reproduced
below for facility of reference: . .
" Death of candidate before poll. - If a candidatewhose nomination has been found valid onscrutiny under section 36 and who has not uithdraunhis candidature under section 37 dies and. areport of his death is received before thepublication of the list of contesting candidatesunder section 38, or if a contesting candidatedies and a report of his death is receivedbefore the commencement of the poll, thereturning officer shall," upon being satisfiedof the fact of the death of .the candidate,countermand the poll and report the fact to theElection Commission and also to the appropriate ;
authority and all proceedings with reference tothe election shall be commenced anew in allrespects as if for a neu election:"#
As will be seen therefrom,,the position earlier
ua-° that an e-lection had to be countermanded in the event
- 110 -
of the death of a candidate, whether he was sponsored
by a recognised political party or was an independent,
under the conditions mentioned in tha above Section*
Under the amended Section, the poll has to be counter-
manded if a candidate who has been set up by a
recognised political party and whose nomination has
been found valid and who has<not withdrawn his
candidatures dies and the report of his death is
received before the publication of the list o'f
contesting candidate or if a contesting candidate who
has been set' up by a recognised political party dies
and the report of his death is received be fora the
commencement of the poll,
The Ordinance is reproduced in full as appendix.
- 111 -
APPENDIX
MINISTRY OF LAU AND JUSTICE
(Legislative Department)
New Delhi, the 8th September, 1985/Bhadra 17,1907(Saka).
THE REPRESENTATION GF THE PEOPLE( J , 1985.
No. 5 uF 1985
Promulgated by the President in the Thirty-sixthYear of the Republic of India
An Ordinance further to amend the Representationof the People Act, 1951.
Whereas Parliament is not in session and thePresident is satisfied that circumstances existwhich render it necessary for him to take immediateaction;
Now, therefore, in ,exercise of the powersconferred by clause (1) of article 123 of theConstitution, the President is pleased topromulgate the following Ordinance! -
1, (1) This Ordinance may bo called the ShortRepresentation of the . People'(Amendment) titleOrdinance, 1985. and
commence-(2) It shall come into force at ment.
one'e.
amendment 2. In the Representation of the Peopleof section 52 Act, 1951, in section 52, -of Act 43 of • /. .1951. (a) for the words Sla candidate
whose nomination has been found valid",the words u a candidate uho has beenset up by a recognised political partyand whose nomination has been found valid"shall be substituted;
- 112 -
(b) far the words " if a contestingcandidate dies", the words "if a contestingcandidate who has been set up by a recognised -political party dies" shall be substituted;"and
(c) the following Explanation shall beinserted at the end, namely: -
"Explanation.-For the purposes ofthis section, a candidate shall be deemedto have been set up by a recognisedpolitical party if, and only if, he isdeemed under the Election Symbols(Reservation and Allotment) Order,1968to hove been so set up, and the provisionsof that Order as in force immediatelybefore the commencement of the Representationof the People (Amendment) Ordinance,1985 shall be read as one with thissection.!!
ZrtIL SINGH,PRESIDENT
R.l/.S.PERI SASTRI,Secy, to the Govt. of India.
- 113 -
CHAPTER - I/I 11 .
DELIMITATION OF COUNCIL CONSTITUENCIES-TAMIL NADU.
The Chief Electora l Of f icer , Tamil Nadu,informed
the Commission in Flay, 1985 that Ramanathapuram Ddst r i c t
of the State had been t r i f u r c a t e d in to Ramartathapuram,
Kamaraja and Pasumpon Muthurarnalingam d i s t r i c t s w .e . f .
15th March, 1985. Consequent upon the administ rat ive
• change, the names and extent .of the af fected Graduates,
Teachers' and Local au thor i t i es const i tuencies shown
i n the Del imi ta t ion of Council Constituencies
uere(Madras) Order 195V required to be amended as provided
by sect ion 12 of the Representation of the People Act,
1950, The af fected const i tuencies ware 5-Tamil Nadu
South Graduates, 1 O-Madurai Ramanathapuram Teachers'
and 21-Ramanathapuram Local Author i t ies
Constituencies.' Commission took up the matter with the
Ministry of Law and the President of India issued the
necessary amending n o t i f i c a t i o n on the 17th August,1985
which was published in the Gazette of India on the same
data. The no t i f i ca t i on i s reproduced i-n the
ap-p-e-rid-ix. . .
Contd. . .
- 114 -
Madura! district has been brifurcated into
Madurai and nnna districts u.e.f. 15.9.1985.
Consequent on this administratiue change, Commission
has .recommended to the Government to further amend
the Delimitation of Council Constituencies(Madras)
Order, 1951. The amendment is yet to be notified.
- 115 -
APPENDIX
GOVERNMENT OF INDIAMINISTRY OF LAW AND JUSTICE(LEGISLATIVE DEPARTMENT)
NOTIFICATION
New Delhi,the 17th August,1985.26 Sravana, 1 907"("SakaJ"
G..S.R. - The following Order made by the President
is published for general informations -
ORDER
THE DELIMITATION OF COUNCIL CONSTITUENCIES(MADRAS)AMENDMENT ORDER, 1985.
In exercise of the powers conferred by theSection 12 of the Representation of the People Act,1950(43 of 1950), the President, after consultingthe Election Commission, is pleased to make thefollowing order further to amend the Delimitationof Council Constitutncies (Madras) Order 1951namely: -
1. This Order may be called the Delimitationof the Council Constituencies (Madras) AmendmentOrder, 1985.
2. In the Delimitation of the CouncilConstituencies (Madras) Order, 1951,- .
(a) In the Table below paragraph 2, for theexisting entries relating to Serial No. 5 underGraduates' Constituencies"-, Serial No, 10 under"Teachers' Constituencies", and Serial No. 21 under
Contd...
16
"Local Authorities' Constituencies", the followingentries shall respectively be substituted namely :
Wame of Constituency
11111 rssss."5. Tamil Nadu
South Graduates
Ext"ent of Constituency Number of__ m _' Seats > _
Graduates ' Constit^
"10. T'ladurai-curn-Ramanathapuram-cum-Kamarajar-cum-PasumponMuthuramalingamTeachers.
" 2 1 . Ramanathapuram-cum-Ka marajar-cum-PasumponPtuthuramalingamLocalAuthori t ies,
1"
1"
Pladurai, Ramanathapuram,Kamarajar,PasumponMuthuramalingam,Tirunelveli andKanniyakumari districts.
Teachers' Constituencies
fiadurai, RamanathapuramKamarajar and PasumponMuthuramalingamdistricts.
Lqca 1 Author i t ies ^Cons t i tue ncies_
Ramanathapuram. • 2" ;Kamarajar andPasumponFlu t hu ra ma l i ng a mdistricts.
(b) i n paragraph ' 3 ' for the f i g u r e s , l e t t e r s%and words -"1st day o f August 1982", tK-s f i g u r e s ,' l e t t e r s and uords "15 th day o f March, 19G5", s h a l lbe s u b s t i t u t e d .
Sd/-ZAIL SINGHPresident.
/"F.No.7(20)/85-Leg.II J
. Sd/~R.U.S.Peri Sastri,
Secretary to the Governmentof India.
- 117 -
,CHAPTER_ - I X
REGISTRATION DF PUNDICHERRY MAANILM FIAKKAL MUNNANI AS A
On 30th September, 1985, Ponciicherry Flaanila
fflakkal 'Hunnani, which contested General Election to
the House of the People 1984 and Legislative Assembly
1935 in Pondicherry, uas registered as a po l i t i ca l
party under paragraph 3 of the-Election Symbols
(Reservation and Allotment) Order, 1968 as the party
fu l f i l l ed tha conditions for i t s registrat ion. The
party had secured over 2 % fetes in-the Lok Sabha\
V
Election, It won one out of 30\seats in the Legislative
assembly of Pondicherry and thus fulfilled one of the
conditions for recognition. HoueVor, since it uas
neither engaged in political activities for a
continuous period of five years nor uas it a splinter
group of any political party, it did not fulfil the
condition prescribed in paragraph 6 (2)(a) of the
Symbols Order for its recognition. It uas, therefore,
not recognised as a State Party,
The' Commission's order registering PHMM as
a political party is reproduced as an appendix.
- 118 -APPENDIX
ELECTION COMMISSION OF INDIA
TO BE PUBLISHED IN THEGAZETTE OF INDIA , Nirvachan Sadan,EXTRAORDINARY,PART II, Asnok Road,SECTION 3(iii), Nau Delhi.IMMEDIATELY.
DATED the 30th September, 1985,~Asvina 8, 1 9G7(Saka") .
IOTIFICHTION
S.O, - Whereas the Election Commission of-India has
considered the application of Pondicherry Maanila Makkal
Munnani for registration of that association under paragraph
3 of the Election Symbols (Reservation and Allotment) Order,
1968, as a political party, and the documents produced in
support of the prayer contained in the said application,
and has decided to register that association under the
name and style of 'Pondicherry Maanila Makkal Munnani as
an un-recognised political party in respect of the Union
Territory of Pondicherry under the provisions of paragraph
3 of the said Symbols Order, subject to the following
conditions: -
(i) The party shall communicate to the Commissionwithout delay any change in its name, head office,office bearers and their address? politicalprinciples, policies, aims and objectives andany change in any other material matters;
(ii) The party shall intimate the Commission immediatelywhenever any amendments are issued to partyconstitution along uith the relevant documentslike the notice for the meeting to consideramendments, agenda for the meeting, minutes ofthe meeting where the amendments have beencarried;
- 119 -
(iii) The party shall maintain ail the recordslike minutes books, accounts books,membershipregisters, receipt books etc. properly;
(iv/) The said records shall ba open for inspectionat any time by tha authorised representative (s)of the Commission; and
(v).The registration granted shall be reviewed bythe Commission from time to time.
Nou, therefore, in pursuance 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 November, 1984, and as amended from time to time: -
In Table 3 appended to the said notification, under
columns 1 and 2 after the entry "13. 3ammu and Kashmir
Panthers Party - 3ammu and Kashmir", the entry 14. Pondicherry
Maanila Ma^iol Munnani - Pondicherry" shall be inserted.
/~No. 56/64-XU7
By Order,
Sd / -(R.P.BHALU)SECRETARY
- 120 -
CHMPTER - X
"USE OF ELECTRONIC VOTING MACHINE AT, .ELECTIONS"~AN ARTICLE BY SHRI K. GANESAN,"FORMER SECRETARY,
ELECTION COMMISSION OF INDIA.
An article " Use of Electronic Voting
Machine at Elections" written by Shri K. Ganesan,
Former Secretary, Election Commission of India,
now an Advocate and Editor, Elections Law Reports
was published in the Indian Bar Review Vol. II
April - 3une 1985 No. 2 (pp. 242-251). The article
is reproduced in the following pages with the
permission on the Editor of the Journal.
APPENDIX- 121 -
lML.°XJ_L i .cLR0NIC.V0TI 'JG MACHINE ;;T ELECTIONS"
One of the unique features of our Constitution
is that there is£separate comprehensive chapter
dealing uith elections to Parliament and State
Legislature. I t has- been aptly described by our
Supremo Court as a code in i t se l f . These provisions
are directed towards the conduct of free, fair and
pure elections.
In this context, let us analyze the judgment of
the Supreme Court delivered on 5th May ,.1984 in uhat
is popularly knoun as Electronic Voting Machine Case
JCiv i l Appeal NO.3839(NCE) of 1982/. Frankly speaking
this judgment had effected many of us in the-Election
Commission mentally for the reason that, purely on a
technical ground , the use of electronic voting
machine had been hold to be invalid. The experimentation
of the system aroused high expectations in and
outside the country. I t possessed high potentialit ies,
in the matter of not only purifying further the
operation of elections but also revolutionising
and simplifying i t . The reasonsgiven by the Court
in support of i ts findings require to be carefully
examines and analysed avoiding of course unreasonable
crit icism*
- 1 2 2 -
Tho broad outlines of the decision of the
Court are as follows:
Firstly, on a proper and detailed analysis of
the rules, i t is clear that the Act( i .e . , . the
Representation of the People Act,195i) by framing
the Rule s(i .o. , the Conduct of Elections Rules,1961)
completely excluded the mechanical process, uhich
if resorted to, would defeat in a largo measure the
mandatory requirements of the Rules, Uhen the Act
and the Rules proscribed a particular method of
voting, the Commission could not innovate a nou
method and contend that use of mechanical process
uas not covered by the existing law and therefore did
not come in conflict with the lay in the field.
The power under Article 324 relating to superintendence,
direction and control uas actually vesting of merely
of the executive powers and the legislative powers.
If the Commission is armed uith such unlimited and
arbitrary powers and if i t ever happens that the
person manning the Commission shares or is wedded to
a particular ideology, he could, by giving odd
directions cause a polit ical havoc or bring about a
constitutional crisis setting at naught the integrity
and independence of the electoral process so important
and idispensable to the democratic system.
- 123 -
7 Secondly, the word "bal lot" 'used in the
Representation of the People Act,1951 in i ts s t r i c t
sense would not include voting by the use of voting
machines. „ Legislatures must be aware of the
modern tendencies in various democratic countries
of the uorld where the mechanical system has been
introduced and i f despite .the plain meaning of the
word "ba l lo t 1 , they did not choose to extend the
definit ion -jiven as far back as in 1950, i t may be
safely presumed that Parliament intended to use the
word 'ba l lo t ' in i ts popular rather than technical
sense.
Thirdly, the Court referred to a "number" of
allojed defects pointed out by the appellant's
counsel. I would straightaway deal t i l th this
point. According to my honest belief—I was also
closely associated with the making of the voting
machines and also the case brought before the High
Court and the Supreme Court the Commission ]ave
effective answers to the various doubts based on
those' alleged defects. I t also accepted that i f
at a l l there is any one defect which needs to bei t was the lack of provision for the tendred vote,set r i g h t * / That too, in actual working, would
not have proved material to the case before the
Ccu-rt because i t was not the contention that because
of tendered votes or impersonation, the result
of election has been materially affected.
- 124 -
socalled defect related to the taking Into
account of a tendered vote and the d i f f i cu l t y of
eliminating from the count tho corresponding voto ,
polled by an impersonator at the machine for uhich
also a method could be easily devised in the machine
but not so provided in the f i r s t prototype of
machines that uere used at the impugned election.
Taking f i r s t the definit ion of the expression
, "bal lot", thfc Act i tse l f does not carry a definit ion
The -u/oll accepted moaning of 'bal lot ' is sodret bal lot .
Therefore, the main emphasis is on the secrecy of
voting. The relevant section no doubt lays doun that-
votes shall bo given by such manner as 'rrray be .
proscribed and no vote shall be received by proxy.
I t Is true that "prescribed" means prescribed by the
Rules and at present the rule makinj pouor of
course is vested in the Central Government, At the
samo time, i t is laid doun in tho Act i t se l f that
the Central Government may, after consulting the
Election Commission, make rules. Rule 30 of the
Conduct of ElectionsRules,1961 leaves I t to the
Commission, to docide'about the form of the ballot
paper. Other Rules, uhich follow, though make
references to th q ballot papers only describe the
procedure of voting on bal lot paper, Uhile issuing
tho direction for the use of electronic voting
machines, the Sommission did not depart In any materiel
- 125 -
respects from tho procedure envisaged in the ru le.
The only departure uas that instead of each voter
.being given a ballot paper, he u i l l exercise his
vote on the machine and uhon he handles tha machine,
i t should be taken as his ballot paper because tho
votes are recorded in any event individually.
The second sl ight change is that instead of putting
a mark on the ballot paper by a rubber stamp, the
voter u i l l press the button provided aga-inst the
symbol of the candidate of his choice in the voting
machine. The voters uore not at a l l inconvenienced
or handicapped. There uas not even a uhisper about
i t . On the other hand, there uas universal welcome
at the constituency. - •
A vote ,-is a physical manifestation of the
mental process signifying the choice made by the
elector. The Commission has not made any inroad
into this concept. Uhat ua have done in the case
of the use of the voting machines by the directions
of the Commissian is the laying doun of the manner
of voting uhich the Act i t se l f has lef t unprovided
for. The method of voting by machines actually
revolutionises the electoral system by making i t
quicker, safer and cheaper. I t eliminates the
drudgery of counting manually. I t is not possible
for me here to elaborate the innumerable advantages
• - 126 -
of tho use of the olectronic voting machine at our
elections. In short, I would lay claim that by the
use of those machinosrwe u i l l bo able to elirninata
allthe possibilities of malpractices from elections
inc 1 udin g the cvi 1 of booth captur ing and mak o i t
che-psjf quicker and fool-proof. Tho role of money
power can bo contained. In short, I honestly feel
that the use of electronic voting machines u i l l putdemocracy
Indian £ an tho top of the world. By ordering
the use of tho machine, there is no lack of goodwill •
or bonafidos en the part of the Commission. The
essential elements of tho procedure have boon kept ' •-
intact. If this approach is accepted-unfortunately
not accepted by tho Supreme Court-and there is no
violation of' tho essential aspects of tho procedure
in any' respect, would not the Supreme Court in the
context of i ts progressive approach nowadays in the
matter of rendering substantial justico without
unnecessarily being'bogged down by technicalities
persuade itself to decide in favour of the use of the
machine ? In feet, tho Supreme Court, in rociint
times, has not attached overriding importance to- the
procedural aspects of the law l i t i iat ion and treated
even telegrams sent to i t as the basis for assuming
jurisdiction to deal with writ cases. I t is not the
case that because of the use of machines, tho genuine
voters were discouraged to vote or voted patently' wrongly.
- 127 -
On tho other hand, the percentage of voting uas
higher. I t is again not the case that the result ' ,
of the election has been materially affected by .a
certain number of votes though the inval idi ty ^6f
tho procedure argued by the affected party has bean
upheld.
The procedural requirements in tho election lau
in a l l cases cannot be taken tc be mandatory in
nature. The details of procedure is so elaborate
and comprehensive. By the very nature of the'
electoral process, i t would create unending legal
hurdles if. each unessential stop in tho process
is treated as mandatory. I t would also spell
dissaster to the process i t se l f .
The meaning of "bgl lot" as given in Stroud's
Judicial Dictionary hod been preferred by the
Court. Stroud's Dud i c ia l ' Dictionary does not
specifically rule out the use of voting machines
or spell out that the only recognised method
of voting is by ballot paper. On the other hand,
some other equally inportant and recognised
dictionaries including Black's Lau Dictionary
give specific recognition to the voting by voting
machines, American jurispudence and Encyclopaedia
Britanica also recognise the mode of voting by
voting machines. The American jurisprudence, which
ue are not tired of quoting day- in an day out,
- 123 -
says that the term 'ballet ' as usod is not employed
in i ts l i teral senso but only for the purpose of
designating the method of conducting election that
will ensure secrecy. Encyclopaedia Britanica sin is
the praise of the electronic voting reach ino by
stating that they not only offer an efficient and
inexpensive uay for citizens to cast their votes
but also a quick and accurate uay of ascortai^^q
-the results. The ubight of the above documents
and the detailed analysis and examination made
by the High Court of Kerala also merit serious
consideration while ue discuss the decision of the
Supreme Court,
Uhat after all the directions of tho Commission
purported to do? They did not have the effect,
evon remotely, of favouring one party or the
other. The use of the voting' machines which the
directions sought to bring in the -election field
was universally welcomed by the electorate. Tho
experimentation uas undertaken only after detailed
discussions with representatives of political parties
and important other organisations. The machines-
were taken round the country and demonstrated in
different parts of i t . It uas tried in backward,
tribal urban and rural areas and wore universally
welcomed by all cress sections of the people.
- 129 -
If the earlier judgements of the Supreme Court
are to be of any guide, the Commission's power is
derived directly from the Constitution and not as a
delegate of the Legislature, No lau can erode it by
"fabricating or constructing" repugnancy. In its domain,
the powers of the Commission are plenary. It has the
reservoir of authority to take any action that it
deems necessary in -o»der to discharge its constitutionally
assigned functions. No lau made by the Legislature
can divest the Commission of its authority. The
provisions of articles 327 and 328 which give legislative
powers to Parliament and State Legislatures in the
field of elections are also made subject to article 324,
In the words of Justice Krishna Iyer (AIR 1978 SC 581) ,
article 324, on the face of it, vests vast functions
which may be powers of duties, essentially administrative
and marginally even judicative or legislative. Of
course, when there is a specific law on the subject,
the Commission will have necessarily to follow those
provisions. But as recognised by the Supreme Court
in A.P.H.L.C's case (AIR 1977 SC 2155 2164), the
Commission's authority is empowered on its own right
under article 324 of the Constitution to make directions
in general in widest terms necessary and also in
specific cases in order to facilitate a free and fair
- 130 -
election in promptitude and it is, therefore, legitimate
on the part of the Commission to make general provisions
even in anticipation of, or in the light of the
experience. Qoswami 3. in Mohinder Singh Gill l/s.
Chief Election Commissioner (AIR 1978 SC 851 at 891 &
892) succinctly puts down ithe implication of article
324 in the following terms:
"uJhen appropriate laws are made under Art. 327by Parliament as well as under Article 328 bythe State Legislatures, the Commission has toact in conformity with those laws and the otherlegal provisions made thereunder. Even so, bothArts. 327 and 328 are "subject to the provisions"of the Constitution which include Article 324 and
i Art* 329« Since the conduct of all elections tothe various legislative bodies and to the offices of tfjPresident and the Vice-President is vested underArticle 32.4 (i) in the Election Commission, theframers of the Constitution took care to leavingscope for exercise of residuary power by theCommission in its oun right, as a creature ofthe Constitution, in the infinite variety ofsituations that may emerge from time to timein such a large democracy as ours. Everycontingency could not be foreseen, or anticipatedwith precision. That is why there is no hedgingin Article 324, The Commission may be requiredto cope with same situation which may not beprovided for in the enacted laws and the rules.That seems to be the raison d'etre for the openingclause in Articles 327 and 328 which leaves theexercise of powers under Article 324 operativeand effective when it is reasonably called for ina vacuous area. There is, however, no doubtwhatsoever that the Election Commission will haveto conform to the existing laws and rules inexercising its powers and performing its manifoldduties for. the conduct of free and fair elections.The Election Commission is a high—powered andindependent body which is irremovable from officeexcept in accordance with the provisions of theConstitution relating to the removal of Judgesof the Supreme Court and is intended by theframers of the Constitution to be kept completelyfree from any pulls and pressures that may be
- 131 -
brought through political influence in ademocracy run on party system. Once theappointment is made by the 'President* theElection Commission remain insulated fromextraneous influences, and that cannot beachieved unless it has an amplitude ofpowers in the conduct of elections ofcourse in accordance with the existing laws.But where these are absent, and yet a situationhas to be tackled, the Chief ElectionCommissioner has not to fold his hands and prayto God for divine inspiration to enablehim to exercise his functions and to performhis duties or to look to any externalauthority for the grant of powers to dealwith the situation. He must lawfully
1 exercise his power independently, in allmatters relating to the conduct of elections,and see that the election process iscompleted properly, in a free and fairmanner."
In contrast, the judgment in the electronic voting
machine case cuts at the root of some of the basic
postulates of the earlier judgments. 4s I have
already stated, its approach is that Article 324
actually vests merely all the executive powers and not •
the legislative powers (contrast it with the judgment
of Justice Krishna Lyer)» Uhen a particular direction
by the Commission is submitted to the Government for
approval as required by the rules, according to the
Supreme Court, it is not open to the Commission- to go
ahead with the implementation of it at its own sweet
will even if the approval of the Government is not
given. (Contrast this with the approach of Justice
Goswami referred to above).
- 132 -
Again, the Supreme Court says: "If the Commission
is armed with unlimited and arbitrary powers, the
person manning the Commission would, by giving odd
directions, cause a political havoc or bring about a
constitutional crisis setting at 'taught the integrity
and independence of the electoral process so
important and indispensable to the democractic system".
The. basis for this apprehension is not very clear or
understandable. The Commission is, as recognised by
the Supreme Court, a high constitutional authority
like Supreme Court etc. The Commission honestly felt,
and this belief is strengthened by rich experience,
that the system of voting by electronic machines
should be tried on an experimental basis. This simple
proposal was made a number of times to the Government
right from 1980-81. It was not given serious
consideration,. If at all, the Government' s inertia
gives more scope for an arbitrariness on its part and
not the Commission's directions to use the machine
after an honest and serious attempt to make the
Government agrqo. Uhat is the remedy in such a.
situation against the Government's refusal to amend the
rules running against the. spirit of'article 324? By
adopting a negative attitude, to which the Supreme
Court gave legal recongition, the Government u/hich
enjoys only delegated rule making power can stall
- 133 -
all the good measures-Pf the Commission and the
Commission should u/oakly submit to the refusal and
wait for better sense to prevail.
According to me, the correct legal approach
should be that if the changes in the procedural law
in the field of elections conducted by the Commission
after going through all reasonable process and consultation
with political parties are of minor nature net
affecting the basic system of electoral process, the
Commission should be allowed to enjoy those powers as if
it uere under article 324. In other words, by negative
approach, a subordinate legislation of the Government
should not be made as an instrument of obstruction or
stand in the way of the constitutional mandate given to the
the Commission to hold a free, fair and purs elections «
What further flous from the judgment is that
the, Central Government, if it so chooses, change the
rules by using its delegated authority which may be
totally opposed to the views of the Election Commission
and political parties, For example, under the present '
arrangement, ths Commission which prescribes the
form of a ballot paper also lays down that every
ballot paper should contain a running serial number
corresponding to the one given in its counterfoil and
proper accounting should be ensured by such method.
Similarly, the arrangement of names of candidates
- 134 -
in the ballot paper should be made as per the
directions issued by the Commission. Uhat follows
from the Supreme C'ourt's decision is that the
Central Government can make a rule dispensing with
the system of giving a serial number to each ballot
paper thereby creating scope for misuse and printing
of spurious ballot papers. Acjain according to the
Supreme Court's view, the Commission uhich has only
executive powers, will have to accept this process
and carry out the provisions of the rules. Similarly,
in arrangement of names, it may be laid down that the
candidates set up by the ruling party will be
classified separately and a system could be evolved
by rules in such a manner to bring all those candidates
in the ballot papers in an advantageous position and
relegate other candidates to a position of no
importance. This power, if conceded, will create
more havoc than a constitutional body acting
within the framework of the Constitution with all
in—built safeguards against any arbitrariness.
The Symbols Order which is the creature of the
Commission made mainly under article 324 of the
Constitution can be givan completely a go.by by a
subordinate legislation of the Central Government,
- • 1 3 5 -
To cite an example, in support of this proposition,
it may be laid down in the rules made by the Central
Government that for the recognition as a national
party, only the ruling party at the centre is entitled to,
or the.disputes as regards the election symbod in a
political party would be decided by the Central
Government and not by the Election Commission. I
shudder to think of the serious consequences flawing
from the Supreme Court's judgment clothing Government\
with uncanalised rule making power in the field of
election, • , • >
If the power to the Central Government is thus
granted, as is the effect of the Supreme Court's decision,
the similar power of State Governments under article 328
should be recognised atleast in the field not covered by
the rules made by the Central Government. You can well
imagine the serious consequences that would flow by various
State Governments acting in different directions. Then
what should bs the correct approach? According to ma,
the correct approach would be that if the rules made
by the Central Government have the same authority
and effect as of the provisions of the Act under which
they were made, the directions of the Commission should
be read into the Constitution itself if those
directions are issued under article 324 within the
- 136 -
framework of the powers of the superintendence,
direction and control of the Commission. If there is
a conflict between the subordinate legislation made
under the Act by the Central Government and the
direction issued by the Commission .under its
constitutional powers, then the directions of the
Commission should prevail. This is the only rational
approach in the field of elections.
There is another important constitutional
aspect to be considered. Article 324 distinctly uses
these powers as vesting in the Election Commission
namely, "Superintendence, direction and control".
There should be some specific and different purposes
behind this usage. Mil the three expressions cannot
relate to one and the same power namely, the
executive power of superintendence as is the view held
by the Supreme Court. What then are the meaning and
purport of "direction and control"? If the approach
of the Supreme Court is to be faithfully followed,
the Central Government can by its rule making power,
direct the Election Commission to do a particular act
in a particular way and thus also ensure control over the
Commission to implement its mandate given in the rule.
In short, the power of 'direction' and 'control1, though
given specifically to the Commission by the Constitution
itself cannot have any scope of operation in the
- 137 -
field of election, or at least could be made so by
suitable manipulation of rules. Is it proper to do so?
Should it be allowed to operate as the Supreme Court
judgment lays doun?
A liberal interpreta-tion of the procedural law
is, I think, permissible. The expression "ballot" -
is given a restricted meaning by the Supreme Court by
certain innocuous rules relating to the procedure of
elections. No harm would be caused if a liberal
interpretation is allowed so as to cover voting ty
electronic voting machine. 0n the other hand, it would
be keeping in tune with the changing circumstances *
brought about by modern technological headway made by
the world. In fact, in introducing- the electronic
voting machines at our elections after strenuous efforts
made over three years to perfect the system. India
stole a distinct march over other countries. If the
technicians were to be the citizens of any other country,
they would have been crowned with highfest rewards available
in those countries. It is a pity that they feel in fact
dejected by the decision of the Supreme Court and the
absence of any remedial action to set right the matter.
Lie have lost the potentiality of a wide foreign market
because many enquiries were made to purchase these
machines, lie avoided any such transaction as later we will
- 1 3 8 - •
make ourselves an object of ridicule on the ground
that India has sold the k-'ou/ whoor the machines when
it is not itself prepared to switch over to the system.
Anyho-u, there is a ray of hope nou with the induction
of the young Prime Minister who is not jvsrse3 hut
enthusiastic, to the adoption of the modern technology
especially in the field of electronics,, •
In l962-3-SCR-146-the Supreme Court had an
occasion to interpret the expression "teJegraphic line"
as i>sed in the Indian "Telegraphs act, ";365« It is common''
knowledge tn'at nowadays telegrams are not sent through
telegraphic lines but by wiralers. The '"allowing
observations of the Supreme Court accepting the
argument that wireless is also covered under the
Indian Telegraphs Act are- °ignifie ant 3
"The fundamental rule of const cijotior is thesame whether the Court is ask.JO ZD construe aprovision of an -ancient statute or of amodern one namely? what is the expressintention of the legislature. In a modern,progressive society it would be unreasonable to
- confine the intention of the legislatureto the meaning attributable to the wordsused at the time the law was made ar.d unless acontrary intention appeared, an interpretationshould be given to the words used to take innew facts and situations if the words arecapable of comprehending themn8
L/hen such a liberalised interpretation is
permissible and allowed already by tho Supreme Court,
why should it bo denied to the use of electronic voting
machine for the, interpretation of the expression "ballot"
- 139 -
The Supreme Court says that because Parliament
kept the definition 'of the "ballot" right from thg
beginning, ( i.e. 1950) untouched, Parliament j"tended
cc use the word "ballot" in its popular rather than a
technical sense. Such an approach is hard to digest
because the technological era in India atleast in Li u
field of electronics started only late in 1960s and
the Parliament could not have anticipated that such
3 far reaching change would take place in this decadr.
"here fore, it Would not be correct to say that the
Parliament in 1950 or thereafter was aware of the
modern' tendencies in various countries of the world
uhen it made the Representation of the People Act,195j,
As I have- already stated, the Supreme Court itself
recognises the legislative and judicial powers of the
Election Commission. The Election Symbols Order of
1968 is nothing but an important piece of legislation
made mainly under Article 324. It deals with
registration of political^parties and recognition
thereof. It defines and classifies various political
parties. It also deals with derecognition under
certain circumstances, It also clothes the Commission
ith the judicial power to determine all disputes between
,uo rival sections in a recognised political party.
- 140 -
It lays down the procedure for specification and
allotment of symbols to candidates and political
parties. If such a far reaching order is not
legislation, then what it is? Further, an appeal
lies direct to the Supreme Court under Article'
136 of ttie Constitution thereby treating the
Election Commission as a tribunal in Symbol matters,
Theref°re, it is too late in the day to say •
that the Election Commission is only>an executive
authority and does not possess any judicial or
legislative powers.• • • 'r .
K.G/INESAN
- 141 -
. A L EILECT.IONS^Ta THE HOUSE OF_ THE PEOPLEAriD*TEG*fsTATn/E"ASS"E>fBTY7 PUNJAB".- ' ' ' " " ~
The General Elections to the Lok Sabha from the
State of Punjab could not be held with the rest of the
country in December'84 as the law and order situation
in the State at that time was not conducive to the holding
of peaceful and orderly election.
Presidents rule had been imposed in Punjab
w.e.f. 6.10.1983 and the Punjab Legislative Assembly
was kept in suspended animation. Under the Forty-
eighth Amendment to the Constitution, Presidents t • rule
could have been continued only upto a maximum of two years
i . e . upto 5,in#1985. Therefore, general election to the
Punjab Legislative Assembly had to be held \ a neu House
constituted before that date. In the meantime, on the
expiry of the five year term, the Assembly stood
automatically dissolved with effect from 26,6.1985.
The Commission wrote to the Ministry of Home
Affairs to enquire as to whether the Union Government
proposed to revoke the President's rule any time prior
to the 6th October, 1985 or whether they were contemplating
''•any other arrangement. The Chief Secretary to the
Government of Punjab was requested by the Commission to
assess the*situation and intimate to i t whether law
and order situation in the State was conducive to the
c on td , . . . .
- 142 -
holdinq of orderly and peaceful elections before the
5th October, 19B5. HG was also requested to assess
the reaction of the political parties to ascertain
whether or not the.y would be willing to participate in
the electoral process so that the elections might reflect
the free uill of the people.
< The Government of Punjab informed the Commission that
consequent on the aecord between the Government of India
and A kali Dal arrived at on 24th Duly, 1935, there had been a
marked improvement in the general atmosphere in the State
and that the law and order situation was conducive to the
holding of orderly and peaceful elections. Their assessment
of the situation was that all major political -parties
would cooperate with the electoral process. The senior
official of the State Government also called on thein
Commission and explained/dotail . the basis for the assessment
They also recommended that the polling should be completed
in a single day,
StateOn recei'pt the report of the /Government, the
Commission recommended to the President of India and
Governor of Punjab to issue notifications on 23.8,1985
callino upon the parliamentary and assembly constituencies
in Punjab respectively to elect members in accordance with
the provisions of the Representation of the People Act, 1951
and Rules and Orders made thereunder. The detailed
contd,....
- 1 4 3 -
pronromrnc for the general elections was as under J-
1 . Date of issue of no t i f i ca t ions ; 23.8.85(Friday)
2. Last date for f i l i n g nominations: 30 . 8 . 85 ( Fr i day)
3. Date for scrutiny of nominations; 31.8,85 (Saturday)
4. Last dote for withdrawal of thecandidatures; ' 2,9.8 5(Monday)
5. Date of p o l l : • ' ' 22.9,85(Sunday)
6. Dote before which the elections -were to 'be completed; 30 . 9, 85 (Monday)
The hours of po l l were fixed as from 3,00 a.m. to 4,00 p.m.
Shri Harchand Singh Longowal, President Akali Dn i was
assassinated ' on the night- 20th August, 1985. In view of
this tragic' incident, the Commission requested the State
Government to reassess the s i tuat ion . The Chief Electoral
Off icer, Punjab was also asked to assess law and' order
si tuat ion as also the reaction of the p o l i t i c a l parties
to the holding of elect ions, .
The Chief Secretary to the Government of Punjab met
onthe Chief Election Commissioner/ 22,8.1985 and informed
him that law and order s i tuat ion hod been reassessed and that
the State Government was confident of ensuring arrangements
for a smooth and orderly po l l .
The Commission was also informed that overal l
low and order s i tuat ion was wel l under contro l , lit
was assured that no e f fo r t would be spared to ensure the
safety of a l l participants in the election process.
c o n t d , , , , ,
- 144 -
As the main rel igious ceremonies for the late
Sant Harchand'Singh Long own 1 uera to conclude on -
25tn August, 1985, the'State Government recommended that
in deference to the religious sentiments of the people,might
• tho election process / ^ commence from 2Sth August, 1985
as- against 23rd August, 1985,
Keeping in vieu the recommendation of the State
Government and in deference to the rel igious sentiments
of tho people, the election programme uas rescheduled
by the Commission as under:
1. Date of issue of not i f icat ion" 26.8,85(r"ionday)
2. Last date for filling nominations j 2.9,85 (Fbnday)-
3. Scrutiny of nominations! 3,9.85 (Tuesday)
4. Last date for withdrawal ofcandidatures: 5.9.85 (Thursday)
5. Date of po l l : . * 25.9.85 (Wednesday)
The Commission recommended to the President of
India and the Governor of the1 Punjab to issue revised
.notifications as per programme mentioned above. Accordingly
the revised not i f icat ions for the general election to Lok Sabh|
and Legislative Assembly uere published in the o f f i c i a l
Gazette of the Government of India and Gazette of Punjab
respectively on 26.8,85.
The Commission, received a complaint from the
Bharatiya Danota Party against what i t i n to r -a l i a , alleged
as the par t ia l role of the' Election Commission for not
taking i t into confidence at any stage either in deciding
con td . . , , .
- 145 -
to hold elections In Punjab or in f inal is ing the
arrangements thereof.
The Commission repudiated such observations of the
BOP. I t uas pqinted out that for the discharge of i t s
constitutional obligation, the Commission uas requir d to
hold General Elections to constitute a neu Legislative
Assembly in Punjab before 5 October, 1985, the date of
expiry of President's ru le, part icularly uhen the Central
Government had made i ts intention clear not to amend the
Constitution for extendinq President's rule in the State.-
The Commission would also l ike to highlight the fact
that schedule of h'olding general election to constitute
a neu Legislative Assembly has never been decided in/
consultation with po l i t i ca l parties.
The electoral ro l ls of a l l the constituencies in
Punjab were.revised intensively in 1984 with 1.1,84 as
the qualifying date. These were again summarily revised
this year with reference to 1.1,85, The to ta l electorate
after the latest revision uas 10,734,816 of which 48,62,163
uere women. There were 97,366 service voters.
POLL-ING STATIONS;
A t o t a l of 12,720 po l l ing stat ions wore set up.
contd,
146
uij1.h- to_g_ officers P^^Pun^b_
The CTiief Election Commissioner convened a meeting
in NDU Delhi to take stock of the pre-poll situation and
to make proper arrangements for the conduct of the poll.
This meeting was attended among others by the Chief
Secretaries of Punjab and Harynna, tuo of the advisors to
the Governor of Punjab, Directors General of Police of'
Punjab and Haryana, the Union Home Secretary rind the
Director General, All' India Radio* The important points
discussed and the decisions taken thereon are as
under;— •
(1) -Adequate security u i l l be provided to each
contesting candidate. In addition, the candidates can
engage private guards if they so desire,
(2) Even though the State is under President's rule, the
State Government should follow the Model Code of Conduct
s t r ic t ly and should not 'give room for any complaint.
(3) Broadcasting faci l i t ies should be extended to a l l
contesting candidates set up by recognised poli t ical parties,
(4) High-ranking officers only should be appointed as
the Commission's observers,
(5) Political parties may bo addressed to intimate the
election itinerary of the tours of their leaders so that
adequate arrangements can be made for their security,
c 0 n t d. . -
' . . • • • - 1 4 7 - ' , .. \ •
(6) ' District and Constituency level committees should
function at regular intervals,
(7) Adequate number of prints of films on elections,
slides, posters' etc, should be obtained and screened/
displayed. . ' '
(b) Or. R.P. Bhallo, Secretary, Election Commission held
meeting with political parties in Chandigarh on 3.9.85
wherein he explained the elaborate measures taken by the
Governmental machinery to maintain law and order and
to ensure tins personal safety of the individual contesting
candidates, as also all other arrangements proposed for
holding of free and fair elections.
Ths representatives of the IMC, CPI, CPl(M) and B3P
demanded the return of the licenced arms seized after the
'Operation Bluestar' so that tho owners can equip "themseIvas
against the terrorist attacks. Representative cf the CPI
wonted the withdrawal of the restriictions under section 144
of the Criminal Procedure Code as these were hampering-
the election campaign. The State Government withdrew
the restrictions in deference to this demand,
(c) Deputy Election Commissioner, Sh,V.Ramakrishnan,
and Secretary to the Election Commission Or.R,P.Bhalla, visit
Chandigarh on 21,9.85 to review the administrative arrangemen
made for smooth conduct of elections. They met the senior
contd,.,.,
-> • • - 148 -
off ic ia ls and reviewed arrangements made for maintaining
low and order and discussed the special steps to be
taken.so as to hold orderly pol l and made proper
arrangement at the counting centres.
(d) To maintain law and order to'prevent any
untoward incidents and- to create a sense of security
among the electorate so that they can go to the polling
booths and cost their votes without fear, police forces
were deployed in adequate strength. For this purpose,
men were drawn from,police forces of the neighbouring
States, Central Forces and the para-military forces.
Pol i t ica l parties had been informed about the presenc
of Deputy Election Commissioner and Secretary at Chandigarh
on 21.9.85 and a meeting had been f ixed for 3.00 p.m.
Representatives of Shiromani Akali Dal and B3P attended.
PropresentatiVGS of both the parties were satisf ied with the
arrangements.
The 'Model Code of Conduct for observance by
po l i t i ca l parties and candidates at elections' as
evolved by the Commission during earlier elections was
issued by the Commission and a l l concerned were requested
to observe i t in letter and s p i r i t .
In'view of the reported efforts of some
c o n t d
- 149 -
sections to f rust ra te the election process in Punjab,
the Commission uas c.:f the uicu that i t would be in the
f i tness of things i f r.n insurance cover is provided to .
a l l th/ personnel drafted for election duty on the l inos
of the caver provided by thro Assam Government at the time
of General Elecions. held in Assam in 1 Q83 . I t , therefore,
asked the Chief Electoral Off icer, Punjab to approach the
State 'Government to adapt that scheme of insurance' for
e l l there for election duty as expoditiously as possible.
The Punjab Government approved the .scheme for ox~gratia
grant to the fami l ies / legal hoirs of pol l ing personnel
who die while on election duty provided the death is not
natural or accidental. According to t h i s scheme, a
gazetted employee was ent i t led to an ex~gratia grant of'
Rs.1.25 lakhs and others Rs.1 lakh. This- w i l l bo exclusive
of dcath-cum-rotirement gratui ty, family gra tu i ty , leave
salary grant out of recognised funds, i f any. .
Ad cj i t i o n a 1 f a c i 1. i t i o s .for, t e 1 o'c as t s/bj.o.ad c qs t s
In order to reduce .expenditure of candidates,
and for lessoning the problems connected u i th the
maintenance of law and order, Commission proposed
certain addit ional f a c i l i t i e s to the candidates sot up
by recognised p o l i t i c a l nort ios. These were purely on an
experimental measure. After discussions Government
- 150 - .
accepted a set of proposals, the salient point of which
are as follows;-
$1) Each recognised national/State political party
which has set up a candidate either in a
parliamentary, part of Parliamentary or
assembly constituency in a particular district
"may nominate a speaker to make the broadcast
in respect of each such district*
(2) Each broadcast u/illbe of ten minutes duration
and will be over and above the existing scheme
under which the representative of each political
party is allowed to broadcast in two rounds
of fifteen minutes each-.
(3) It is 1'e ft to the political party concerned to
nominate their representative at district
level. The nominee may either be a representative "of
the political party or one among the contesting
candidates within the district either for assembly
constituency or parliamentary constituency
• comprised within that district. ,
(4) If no candidate is set up by a recognised party
in an assembly or parliamentary constituency' or part
of a parliamentary constituency within the district
that party in that district will not get the above
f a c i 1 i t y.
(5) The order of the districts in respect of which the
broadcast will go in the air will be decided by
' contd
- 151 -
drrawing of lo ts . .ifter this , the order of the
speakers far that distr ict and the timings of
broadcast by each speakeT will also be decided
by lots .
(6) The script for broadcast by each speaker should D§
made available to the i\IR authority uall in'time,.
and In any case not less than 40 hours before
the broadcast by the candidates,
(7) The speakers should be present, in person to
record their broadcasts at the appointed time and
place fixed by the nIR authorities. "The speakers
should be present*for recording the message at
least 30 minutes before the the time fixed for •
the purpose.
(8) ,-\ speaker who fails to submit the script within the
prescribed time limit or fails to appear
personally for'the broadcast on the fixed date and
time oven after submitting the script will not be
given another opportunity to broadcast.
Appointment of Observers;
The Commission appointed 26 o-fficers of the State Gavt.-
2 officers in each parliamentary constituency as i ts observers tc|
observe poll and counting. In addition one senior officer of the
Government of India was also appointed as i t s observer in
each of the twelve distr icts in the State.
contd
- 152 -
Special instructions to prei/snt reirioval of . . • 'bal-Tot .pppars:
Commission received -reports that some mischievous
elements uere planning to 'thwart .the electoral process by
inserting into the ballot box some spurious ballot papers
pro-treated uifih some combustible material. To prevent
such.mischief, Commission issued special instructions
to affix the distinguishing mark on the top left hand
corner on' the back of the ballot paper in addition to
affixing the mark at the top right hand corner as at present.
This uas ^one, to ensure that no paper other than a ballot
paper uas inserted in the box sndeven if the'ballot paper uas
wrongly folded, the distinguishing mark uili ba visiblo from
a distance. In case the ballot paper was printed in two or
more columns because of the increase in the number of candidate
such ballot papers should be pro-folded and the distinguishing
mark affixed in such a u/ay that the mark should be clearly
visible from a distance after the ballot paper uas folded
by the voter for beinq put into the ballot box. All this
was required to be done so that chemically treated suurioyis
paper could not be inserted in the ballot boxes.
Instructions were also given that the height of "the
voting compartment should not exceed 12 inches, so'that
substitution of any spurious ballot papers inside the
voting compartment can be easily detected. Presiding Officers,
were, however, instructed to ensure that secrecy,of veto >
centd.,..
- 153 -
is not violated in the process of reducting height of
the voting compartment, • '
Contestants:
There were 74 contestants for the 13 parliamentary
constituencies* Partywise break up of these contestants
is appended (Appondix-I ). _ -
For the 117 assembly constituencies, there (Jere
053 contestants, A statement showing partywise break up
of contestants is appended (Appendix-I1).
Case of adjourned poll/rapoll^ • ' • •
There no case of adjourned poll or repoll.
C o u n t i n g o f v e t e s: !
The counting of votes in all the parliamentary- •
constituencies/Assembly constituencies was taken up
on 26th September, 1985.
Results: ...
Out of 13 parliamentary constituencies, 7 seats uere
won by SAD and 6. by INC.
Out of the 115 assembly constituencies where poll
was held, SAD secured 73, INC 32, BJJP 4, JNP 1, CPI 1
and independents 4. '
A statement showing the total•electorate, votes
polled, votes rejected, percentage thereoT and the number
of seats contested and wen at the general elections to the
House of the People and Legislative assembly is appended
(H ppendix-111 and A poendix-IV)«
contd..
154
Pus Constitution: ' . • ••
Tha ' notification constituting the neu Assembly
of Punjab uas issued on 29th September, 1985 after the
Presidents' Rule in the State uas revoked on that date.
The first meeting of the now assembly took
place on 17.1 0.19G5.
In retrospect, the apprehensions' in the minds- of
, some people, political parties, press etc. have been
fcundbtf, un founded by the smooth conduct of the poll and
the heavy turn-out at the polling stations.' The Punjab
elector has exercised his franchise in favour of peace
and restoration of normalcy. There were no incidents
of violence anywhere in the State and the call for
boycott, given by certain sections in the State did not
hai/3 any impact. . '
Amendment in Section 52 of the R.P,Act, 1951.
It msy also bs stated' that on 8th September, 1905
the President promulgated an Ordinance amending sec.52
of the Representation of the People Act,,1951 in order
to preclude countermanding of elections on the death of a
candidate net belonging to any recognised political party.
This amendment, however, did not affect countermanded
elections in 30-Oullandhur North and 31-Jullandhur Central
constituencies as the poll in these constituencies had
been countermanded, before the promulgation of Ordinance.
Incidentally, no contesting candidate died after the
date of this promulgation tall the date of poll,, /
^ " f -A_PP.E.NDI.X-,L,
' £jPJX-iiLS^_£Di-cTc:STANT5 TO LOK SABHA FROM _PUNJABSTATE
Name o f p a r l i a m e n t a r y TW, -•^rp~~--~^p~~ 3NP ~ T p I "cpTJJi) I ndepedents T o t a lConstituency. _ . & others
. i 1 . Gurdaspur " 1 1 1 . " - . . _ 2 5
. . 2 . Amritsar 1 • . - -\ -] _ _ y ^g
. - 3, Taran Taran 1 1 - - _ _ 2 4
- 4 . Jullundhur 1 . 1 1 - _ 2 5
5. Phi l laur(SC) '1 - -] 5 7
; 5. Hoshiarpur 1 1 - 1 - 1 3 7 .
7. Ropar (SC) ' 1 1 2 4
S, Pat iala 1 1 - _ 1 „ 3 - 6
9. Ludhiana • 1 1 - - - 3 5
. f 10. Sangrur ' 1 .1 - - , 1 2 5
. . . . 11 . Bhatinda(SC) 1" 1 _ _ 1 _ 3 . 6
. i 12. Faridkot 1 1 - - - 2 4
. . * 13. Ferozepur . 1 1 - ' - 1 - 3 6 ' >
; ,X -~ , , _——„ »_- , — —TOTAL " 13 11 3 2 - 3 3 39 74
- 156 -
PARTY UISE CONHSijmTS. TD PUNJAB LEGISLATIVE ASSEMBLY, 1 985
TJarn e o f D i s t r i c t "°~~"~""i pic "™~~5-A D Bj"P~ 37JP C"P~I "lTPT(Wf" ~TT3 Independen ts .& o t h e r s
,'f 1 . Gurdaspur 11 8 5 - 3 3 - 35
, \ 2 . A m r i t s a r 16 13 3 1 4 4 - 73
. ^ 3 . Hosh ia rpu r 9 5 1 1 2 4 _ ' 33
• _ ..- 4 . J u l l u n d h u r - 12 8 4 1 2 - " 4 . 1 64
S . K a p u r t h a l a 4 3 1 - 1 . 1 - _ 15
:» 6 ,Ludh iana - 12 12 3 - 3 3 _ *• 5 6 ->
, , 7. Ropar ' 5 5 2 . - 1 1 . - 26
8 . ' p a t i a l a 1 0 , 1 0 2 - 2 2 ~ - 82
9 . S a n g r u r 10 10 5 4 - 43
. r l O . F c - r o z G p u r 9 7 4 ' - 5 1 - 45 "
e r 1 1 . F a f i d k c t 10 1 0 - ' 1 _ 3 1 - 36
. r 1 2 . B h a t i n d a 9 ' 9 ' 1 • - 6- 1 - 31
T O T H L 117 100 26 • 5 37 28 1 539
- 157 -
APPENDIX -III
GENEP.ML ELECTION TO HOUSE OF PEOPLE FROII PUNQr-,B,1985
Electorate Total Votes Rejected total, valid 'percentage Percentage ftemakrspolled votes votes poliad of votes of rejected
_ __ __= _ _ _ _ _ ~ _ _ _ _ _ _ po l ied votes10734816 7 2,327274" 2 7W74ST~~gT,T2775D~~" '"67." 31 TTVi ' •'
Name of . No, of seats No, of seats Votes pol led Percentage
Pcr t y c ontas t e d won
1. / .kal i Dal 11 7 " 25,77,279 37.18
2 . INC 13 ,-6 26,79,089 41.53
3. BOP 3 ' - 2 , 3 5 , 3 6 8 3 . 3 9
4 . JIMP " 2 - 1,55,206 2.24
5. CPI 3 - ' * '2 ,66,264 3,84
S.CPM 3 - ' 2,06,322 2.98
. 7. ICS • -
3. Independents 39 . - 6,13,262 8.84
TOT,L 74 13 • 69,32,790*- 100.00
"^Inclusive of votes polled in 30-Jullundhur-North and 31-Ouilundhur Central assemblySegments uhero the pol l was countermanded for Assembly elections.
- 1 58 -
GENERAL ELECTION JO ..PUNJAB LEGIS LATIV E tiSSEMBL Y, 1 985Electorate Total Votes Re j ected Total valid Percentage Percentage Remakrs
polled Votes Uotes polled of votes of rejected_ \ __uj ___ ... • ™_____ polled ' uotes t
j • 10570645 71 r47 f7ia* 3,23,700 68,24,018 67.62 4.53 '"'Excludingthe figures
"• ' of 3 0-Ju-LlurNorth and31-JuJ-iundhLCentral uheipoll wascountermande
i i
No. of seats No. of seats Votes polled Percentage _. 'p^rl"° L i Bs^d____ j£jji____ _™_^___u. ^ _ _ _
: • T7iTkaTT~DaT~~ 100 73 26,30,829 38.55
2.INC 115 32 25,63,45 2 ' 37.85
3..BJP __ 24 • - 4 3,00,551 . 4.40
4.3NP 4 1 "70,446 " 1.03
5.CPI 37 1 2,97,264 4.36
6.CPM 2 8 - 1,32,4 33 1.94 -
7.ICS 1 - 211 0.01
8, Independents 523 4 ', 0,08,782 11.85
TuT,-\L 832 115 63,24,010 100.00
-1 59-
CHMPTER - XII. . • • '
BYE-ELECTIONS
BYE-ELECTIONS Tu LEGISLATIVE ,,S3Er!BLY OF H/«RY,<NA
There existed 2 vacanciss in the Legislative
assembly of Haryana conseouent upon the resignations
on 16.C. 05. of S/Shri De\ji Lai and Mangal Sain, the
sitting members from 30-Rohtak and Si-i^eham
assembly constituencies respectively on the issue- °f
the' Punjab accord.
The Commission initially fixed the following
common programme to fill thesa vacancies. •
i) Issue of notifications
ii) Last date for makingnominations
iii) Date of scrutiny ofnominations
iv) Last date for withdrawal ofcandidatures
v) Date on which a poll ifnecessary, was to be held.
vi) Dote before which the'
23.G.C5(Friday)
30.0.35(Friday)
31 .0.05(Saturday)
2.9.05(Monday)
22.9.05(Sunday)
30.9.05election was to be completed. (Monday)
The hours of poll were fixed as 0.00 a.m. to
4.00p.m.
Since it was decided to hold these bye-elections
synchronously with General Elections to. Legislative
assembly of Punjab and the Lok Sabha and as these
- 160 -
elections uers rescheduled, keeping i-n vieu lau
and order situation and the aftermath of the
ass.o.s.sunationof Sant Harchanci Singh Longowal, the
ukali loader,- these bye elections uera also rescheduled
with tha d'ates changed to 26,0.05, 2.3,05, 3.9.05,
5.9.05, 25.9,05 and- 30.9.05 respectively.
The details of candidates are as bolou:
Name of assembly Candidates u/ho/uhosaConstituency. TTTocH*" Nomina- Validly Uithdr- Cent—
riomin- t ion re- nomina- BU can- esting
^{J-Rohtak 18 1 17 7 10\
31-nahQ.ffl 11 1 10 6 4
Shri D.C.Bajpaij Joint Secretary, Ministry of
QefenCG was appointed as a Central Observer for the
bye-elections, Shri 3.C.Choudhary, Under X Secretary,
Election Commmission of India -assisted h"im in his
work.
adequate battalions of CRP and other para mi l i tary
forces uore deployed to ensure lau and order and to
repel any attempt for booth captur ing or sabotaging
electoral machinery set up for the poll*
The pol l was taken as fixed and Shri Krishna Dass,
Indian National Congress and Shri Devi Lai , Lok Dal
were declared elected from 30-Rohtak and SI-Mahem
assembly constituencies respectively. The detailed . >
results are given in the Annexure§»
- 1 6 1 -
'Detailed results of tha bye-elections held from
279-Bokaro (Bihar), 316-Latehar assembly constituency .
(Bihar), 2G-Godda (Bihar) parliamentary constituency
and 144-Kecnghar assembly constituency • (Drissa)
could not jee giuon in the .riarch/.Hpril 05 issues of the
Documentation Pionthly for uant o f authentic*.
information. There sarc also given as 'annexure.
- 162 -
State 5 Haryana
Constituency : 30-Rohtak assemblyconstituency
Electorate : 98:,139
Valid votes.polled : 70,419
Selected votes : 571
• 1 . Shr i Krishan Dass
. 2. Shri Mangal S a in
3. Shri Ohan Raj
4. Shri Om Parkas'h
5. Shri Prem Kumar
6. Shri Rameshuar Dass
7. Shri Darshan Kumar -
8. Shri Ram Kanuar
9. Shri Inder Malhotra
10. Shri Su'tjilKumar
INC
83 P
IND
IIMD
I ND
I NO '
IND
IND
IND
I NQ
36,6BG(E)
31 ,802
520
432
334
140
133
132
91
67
163
State '
Constituency
Electorate
Valid votes polled
Rejected vatos
• Haryana
31-fvloham assemblyconsti tuency,
89,937
66,579
981
j \ [ameof £and ida te Polled
r. Shri Devi Lai
2 . S h r i Raj Singh
3. S h r i ZJai S ingh
4. Snri Jar Pal
I'NC
INQ
IND
3 8 ,
2 7 ,
•598
229
562
190.
- 1.64 - • .
Name of State ; Bihar
Constituency ; 316-Latehar assembly
constituency.
Electorate ; 1.04,924
l/alid votes pciisd ; 23,096Rejected votes j 900
1. Shri Haridarshan Ram(£)
2,'Shri Ramdeo Ram
3. Shri K»K.Priyadarshi
4. Shri1 Lurka Ganjhu
5. Shri Rani Lagan Bhagat
6. Shri Gulab Chand Ram
7. Shfi Ram Bachan Ram
8. Shri ZJorauar Ram
9. Shri. Kanhai Ram
10. Shri Plahabir Pahan
11 . Shri Lalji Ram
12. Shri Bijoy Kumar
13. S^t, Rita Devi * -
14. Shri Bigu Ram
15. Shri Ram Narain Azad.
16. Shri Ayodhaya Rajak
17. Shri Baijnath Ram
18« Shri Anil Kumar Hemant
INC
"BOP
'• IND
IND
IND
IND
IND
LKD
IND
IND
IND
I MD
I NO
IND
IND
IND
IND •
IND
8233
6921
2144
14 84
1272
410
389
381
345
342
296
266
246
111
95
74
46
41
State
Constituency
Electorate .
Valid votes polled
Rejected votes
- 165 -i Bihar
279-Bokaro assemblyconstituency.'
2,03,159
79,991
1,227 '
] __ Z ZJ 1 „/_ „ _ _ _ _J1 . Shr i Samarean"SingVf" ( E )
2 . ' S h r i /-Iklu Ram Nahto .
3. Shri Gaya Singh '
4. Shri Dinesh Kumar Chaubey ••
5. Shri Gajendra Praaad Himansha
6. Shri Uma Shanker Pande •
7. Shri Surya Kant Roy
8. Shri Sunder Poddar
9. Shri Nizam Ansari
10. Shri Yggeshu/ar Piahto ....
11. Shri Satyandra Kumar
12. Shri Ram Suuesh Shastri
13. Shri Ram Chandra Biruua
14. Shri Rakesh Kumar
15. Shri D.P.iiandal
16. Shri 3anjoy Kumar flishra
17. Shri Decdip Singh '18. Shri Sidhar Fianjni -
19. Shri Shailendra Kumar • ' *Lakhpuria
20. Shri Haldhar Piaht0
s'a'p
LKD
CPI
INC
IND
IND
IND
I ND
IND
"JfV]|Y]
IND
IND
I ND
I ND
I iMD
I ND
I ND
IND
IND
IND
•y votes Polled•3 "*. "* ""
35,834
17,467
10,747
7,952 .
1,030
624
584
542
427
4 2 0
382
325
260
257
222
. 213
182
171
171
166
- 166 -
21. Shri Barhu Ram I NO 150
22. Shyi Pancham Bhaskar IIMD 138
23. Shri Abdul Rayuf IND 134
24. Shri Deuan Nanjhi IND 127
25. Shri Manhku Das If\'O 119
26. Shri Sameerudeen Ansari I ND , 119
27. Sh ri Subodh Kumar Sen IND 111
28. Shri Mohan Lai Tanti • IND 109
29. Shri Sharma Singh IND; 107
30. Shri Sidheeshuar Teuari FBO 100
31. Shri Lakhi Ram Manjhi IND 96
32. Shri Rabindra Sharma IND 72
33. Shri Mata Prasad IND 69
34. Shri Tarkeeshuar Deo IND 66
35. Shri-Naresh Kumar Sinha IND 56
36. Shri Bhubneshuar Singh IND 53
37. Shri Budhan Ram IND 52
38. Shri flukteshuar Mahto IND 52
39. Shri Ashok Kumar Man to IND 45
4 0. Shri Ibrar Ahmad IND . 42
41. Shri R.N.Ojha . IND 42
42. Shri A.P. Sharma . IND 39
43. Shri fiehboob AlamSiddiqua IND 28
44. Shri T.N. Tripathi IND 28
- 167
ZZZZ1ZZZZZZZZZZZZZ Z2Z Z Z Z Z Z X45. Shri Murari Lai IND 23
46. Shri l/inay Kumar Singh IND ' 20
47. Shri Sheo i/ardhan Sharma IND 18
' ^. _ _ _ ... _ _ 6 6 6
Name of State
Constituency
Electorate
l/alid votes polled
Rejected - votas
- 1 6 8Bihar
; ' 28-Godda parliamentaryConstituency.
; 7,91,288
: 4,25,978
15,349
e~oT ITaKdTda'tF ™ ~" "" ~
1 . S h r i S a l a u d d i n . ( E )
2. Shri Jjanardan Yadau
3. Shri Pankaj Kumar Singh
4. Shri Ragnu Nath Gupta
5. Shri Rajendra Mahto
6. Shri Badri Nath Choudhery
7. Shri Shyam Sunder Gupta
INC
BJP
Jl\!P
DMKP
IND .
IND
IND
1,97,47f
1,85,901
17,491
12,266
5,002
4,466
3,374
- 169
5 tat a
Constituency
Elect orato
Valid votes polled
Rejected vo13s
Or issa
144-Kconjhar (ST)assembly constituoncy,
1,01,321
35,71 7
1 ,090
Name of Candidate Party Votes Polled
1. S^iri Chhotray Plajhi
2. Shri Qambarudhar Naik
3NP
INC
17,495(E)
17,371
3. Shri Copal Naik IND 851
.- 170 -
p-?JLX^r;<irJb^^
During the month of S optomb or ,85, Press reports/
editorials/articles on elections and political
systems of foroign countries and other matters of
interest aopoarod in the press. Tho press reports/
oditorials/articIGS uhich arc considered of special
interest cro bcinj reproduced in full in the following
pejcs: " '
Date
14.9.85
1 7.9 85
17.9.E5
17,9.65
Name of Nous pap or
Hindu.Fladr -s
To pic
Rorj.civic olcct ions inTnmil Nadu.
Hindustan Times: Rej .elect ions in NorwayJew Delhi. and Sweden.
Re].election in Sweden.
20.9.85
22.9.85
29.9,85
Times of India*Nou Delhi
Patr io tsMew XDelhic
Indian Express?New Delhi "
• HinduMadras.
HinduMadras.
Ro•].appo intment ofShri Ali Hassan Mupiyui, as
the President ofTanzania.
Rej«elections in Norwayand Sweden,
R .pa r l i amenta ryelection in Norway andSued on.
Re].election in Norway.
- 171 -
PANCHAYAT POLL ON DECEMBER 7
Panchayat and munic ipa l e l e c t i o n s i n Tami l Nadu
are to be held on December 7 ( ins tead of October 18)
according to the rev ised schedule announced today v~
by the Local Adm in i s t r a t i on Minister„Mr.P.U.Shanmugam.
He sa id e lec t i ons t o the posts of chairman of /
panchayat unions and of munic ipa l counc i l s would be
conducted on par ty bas i s , whi le mun ic ipa l c o u n c i l l o r s
panchayat pres idents and members would be e lec tedi
on non-party lines1.. •
Mr.Shanmugan said the poll dates hod been shifted
to December 7 to give some time for making arrangements
to hold the elections on party lines, and in view of
the intervening rniny season.
The following is the rsvissd poll orogramme as
announced by the Minister. For municipal councils
and panchayat union chairman - filing of nominations
October, 31, November 1,4 and 5 scrutiny of nominations,
November 6 last date for withdrawal, November 12, and
polling December 7.
For Pane ha yets filing of nominations and scrutiny
November 21, consideration of objections, if any, and
notification of final lists. November ?2 and polling.
December 7. The counting of votes for all the elections
• v uould be held on December 10. •
There are 98 municipalities 382 panchayat unions
and 13,260 panchnyats in Tamil Nadu.HINDU
/ , Madras,.' 1 A a1 ah_
- 172 -
NEW TANZANIAN PRESIDENT
Tanzanian presidential nominee Ali
H"sspn Muinyi will be suorn in on 2 November
in Dar Es Salaam. He u i l l succeed President
Gulius Nyersre,
Fir. Nyerera u i l l , however continue to
head CCM oarty for two years.
PATRIOTNELJ DELHI,17.9.85
- 173 -
N£ROIj l/OTT.
Voters in Norway and Sweden have reinstated
the i r outjoin-] 101/ernments in th i s month's
Parliamentary e lec t ions . But they have also
indicated signif icant shif ts in the i r party-wise
predi lec t ions . In Stockholm, the Social Democratic
Party has boon returned to power, a lbe i t uith half
a percent smaller national vote than in the 1982
general e lect ion. This f ract ional decline has,
however} resulted in the loss of seven s ea t s .
Even so, the party and i t s communist a l l i e s have
secured 178 scats in the 345-soat Riksdag. While
th i s is eight'fewer than what they had in the
outgoing parliament, the loss is marginal compared
to that of the Conservatives and the Centre Party,
tuo o'-f the three party coali t ion that ruled Sweden
from 1976 to 1982, which have-lost 10 and 12 seats
respect ively . The biggest gain has been that of
the Liberal Party, the third member of the r i g h t i s t
a l l i ance , which almost t r ipled i t s vote and is
expected to secure 30 seats when the las t votes
are counted.
In neighbouring Norway, the election has
produced the c losest e lec tora l race since World
War I I . The three-party coal i t ion led by P'lr.Kaaro
Uilloch, uhich enjoyed a clear majority in the
las t parliament, has won 78 s e a t s , or just one
- 174 -
,rnarG than the Labour Party and the Socialist Loft.
The Labour Party has secured 71 scats, a •gain' of '
five, and emerged as the single largest part/..
While Hr.Uilloch's coalition u i l l form the govt,
i t clearly will have to depend on the extremely
conservative Progress Party which has secured tuo
seats and has pledged not to let in a Labour gout.
However, Mr. Uilloch may have to go slou in
implementing his rightist policies and pledges,
chiefly a cutback in various welfare schemes and
externally, tone doun his staunchly pro-US, proNATO
and pro-Euromissilcs foreign and defence policies
or else face a chaotic situation at the hands of
the powerful Labour Party and i ts all ies which are
.cr i t ical of such postures, as is fir. Olaf Palme in
neighbouring Sweden. Indeed, the Labour gains in
Norway and the re-election of the pro-disarmament
Mr. Palme in Sweden constitute a setback of sorts
for the Western alliance in Europe.
INDIAN EXPRESSNE.U Q.ELHI,2 0 . 9 , 1985
- 175 ~
^ ^ j ^ j ^ £0 L LS
Neighbours Norway and Sweden went to the polls
uith in a week of sach other. In both countries the
mandate is for status quo-but the' ruling parties have
managed to- stay in power only by the skim of their
teeth. Thus in Norway, in tha polls held on '
September 9, the three-party coalition lod by~
Prime Minister Kare Uilloch of the Conservative
party hi as a majority of Only one over the Labour
Party and i ts coalition partner. The balance iss
effectively held by the right-wing Progress party
which, hououerj is expected to back the Conservatives
In Sweden, meanwhile, on September 15 the electorate
reduced the strength of Prime Minister Olaf Palme's
Labo'ur Party and i ts Communist ally to 178 from
186 in the previous election. In terms of percentage
of votes, the Socialists have, however, fared better
in both countries! no doubt in Sweden they have
just squeaked in with a bars absolute majority,
50,1 percent but in Norway too the social ist block
got more (49,5 per cent) than,the ruling party
coalitinn(48.9 percent) but distortions in the
electoral system gave them fewer seats. '
Uhile Olaf Palme hag•oxpressed jubi l iat ion over
his party's victory saying that the poopie hod
voted for a continuity of benefits of the welfare
system despite the high cost (Sweden has the
- 176 -
highest tax burden in the Uestcrn uorld at around
50 por cent-of the GN£), the fact is that both
Sweden and Norway have a long history of socialist
rule . In Sucdon for 47 of the last 53 years the
Social Democrats have been in power 'and in Norway
too the Labour has rulad for most of the past 50
years. So in a way Uilloch's managing to stay in
power for another term may be characterised as the
bigger victory. But while in Sweden Palme will ^
take the result as a mandate to continue the
"people's home" concept of social welfare for his
people in Norway Uilloch's victory has been
characterised as "sentenced to govern5' for his
foreign and defence policlos u i l l be on the hit
l i s t , and he may no longer be able to muster support
for his staunchly pro-NATO policy.
HINDUSTAN INE-U -DELHI,17.9.85 '
" - 177 -
The incumbent Swedish prime minister,
flr.Olof Palme, has oi/ery reason- to heave a sigh of1
rolisf at the result cf the elections. His Social
Dstnocratic Party has boon returned to pouor. But i t
was a close run thing. All major political parties
lost votes except for the -Liberals hooded by
fir .Uosterb erg uhc have made the most impressive
showing by increasing their tally from twenty seats
to a' remarkable 51. Hnd^this not boon counterbalanced
by a significant decline in the popularity of other
non-socialist parties, a conservative coalition
uould have assumed power. As i t i s , Mr.Palme ui l l
have to rely more than aver on the Communist Pgrty
to s-ee through any important legislation . that the
Social Democrats may uant to put forward. I t is
fortunate for him the Communists have not boon able
to resolve their central dilemma-hou to translate
their balancing pouor into more votes. The. result
has invariably been a lou Communist profile and'
relative unconcern b'y the Social Democrats about
their not .toc-uelcomc all ies in the left . Perhaps
the single most important inference about the poll
r-esults is that the Palme .jovernment1 s bit terly
opposed "wage earner funds" progr-omme to institutionalise
a greater degree of formal working class ownership
- 178 -
of the country's productive assets has proved to be
su f f i c i en t l y popular to assure him of another term.
Mr •Palms u i l l no dnubt take th i s as a mandate to
carry on with th is controversial programme. Apart from
t h i s , ths soc ia l forces which have backed the
Liberal Party perspective of "soc ia l respons ib i l i t y
without socialism" u i l l baar watching, f o r , they have
clearly gained ground,
TIMES OF INDIA
. 17.9.1985
- 179 -
The Nordic countries, Norway and Sweden uent to
the polls in the .last for tn ight . While the electorate
chose to retain the incumbent in both cases, i t also
reduced their winning mar "tins. Indeed, the Norwegian
Prime Minister, Mr. Kaare Uilloch,- squeo;<sd through
with j u s t• a one-scat ma j a r i t y .
But the ' rosemb lr nc c ends here. Sweden's Olof
Palme is a Social Democrat, le f t leaning po l i t i c ian ,
Mr, Uil loch a conservative. Mr.Palme is one of Europe's
leading statesmen, a firm believer in the adea of a irant
federation of European States pooling their resources
to bu i ld , a better peaceful world. He is also a strong
supporter of the t&ird world. In contrast Mr,Uilloch
is a more provincial f igure.
Mr.Palme's victory in the September 15 election
came against many odds and growing apprehension about
Sweden's economic future and i t s relat ionship with the
Soviet Union. But the Social Democrats, who have r tiled
Sweden for 47 of the last 53 years w i l l be dependent
on the Communist Party for a majority over the nonr
socia l is t opposition.
The credit for master-minding their success should
go to Mr .Palme, who despite his avid social is t leaning,
continues to remain an enigmatic personality. He is
described as a social ist in te l lectual with the pract ical
mind of a communist or a rightuing democrat.
- 180 -
Essentially, he is a free thinker who makes a sharp
distinction between his poli t ics and intel lectual
leanings.
He has much in common uith people like
Hr.Uil'.y Brandt, former West German Chancellor and
Mr.Edward Heath, former British Prime Minister.
Comparisons are often odious, but Mr. Palme would be
far more at home in these quarters. He deeply regrets
Europe's lurch r i]ht wards in the Uost and towards
more polarisation in the East.
Mr, Palme was born in Stockholm on January,30
1927. Marr ied, with three sons, he entered Parliament
in 1958, when he was appointed Minister without
portfolio. He was special counsel to the Swedish Prime
Minister from 1,956 to 1963 and later served as Minister
of Communications and Culture. He became Prime Minister
in 1969 for the f i rs t time.
In October,1982 when Mr.Palme's Social
Democrats came to power again they braved recriminations
from other countries and devalued the currency by
16 per cent, in an effort to improve the productivity
of Swedish industries. Ever since, Mr .Palme has argued
that i t is up tn Swedish industry to deliver.
To ensure that reduction in manufacturing
costs is not frittered away by inflation, Mr.Palme
made his trade union al l ies hold down their wage
claims. They even accepted a cut of four to five per
- 181 -
cent in l i v i n < standards-. But there was a price to
bo paid. The Swedish labour movement wanted to stick
to the f u l l employment pol icy.
Swedish economy has passed through stormy times
and what Mr. Palme has been offering a l l along is wage
restraint in return for jobs. This, in turn, implied
industrial expansion and creating" capac i ty for Swedish
industry to bag more export orders in thofact of
world competition. The strategy even today br ist les
with complications and potential traps - but so far
Sweden has performed wel l . Despite massive spending
on public ur l fare and social security i t has managed
to keep the least number of people unemployed .
The country s t i l l enjoys second highest l iv ing
standard in the world.
Mr. Palme's new term may enable him to consolidate
what he has created during last four years. On the
external f ront, he is determined to put relations
with the Soviet Union back on a normal footing after
a freeze uhen Soviet spy submarines uere discovered',
in Swedish waters. ' Mr.Paine has promised to v i s i t
Moscou after this month's elections. He may feel
relaxed enough to concentrate more on foreign
affairs amid growing conviction that the Social
Democrats have put the economy on the ri";ht track.
The world at largo u i l l see more of the Swedish
Prime Minister in the new term.
- 182 -
Hr.Uil loch's victory on Sop tomb or 1 was by tho
narrowest of margins. The results of tho voting loft
no doubt that Norway had turned left , leaving tho
Gcycrnment hanging by a thread,
lvir .LJilloch, who has bonded his Conservative Party
since 1971 had lost a crucial ba t t le , The Conservative
wave that had been rising in Norway in recent years uas
broken by a resurgent Labour Party and i t s al ly, the
Socialist Left Party,
Tho left captured a majority of th-c vote and 77
scats, forcing the coalition Government which hung.on
to 76 seats to rely on tho two votes of the r ight is t
Progressive Pnri;y to stay in office. This shaky lease
on power ovorshadoued the Prime Minister's foat in
becoming the f i rs t Conservative Prime Minister to uin
a second term in Norway
Poli t ical commentators promptly su] Vested Bays
in which the 56-year-old fir ,LJilloch's second term could
come to dgiief. To start with, there is the necessity
of maintaining the support of the progressives, whose
radical plans for change in phe Norwegian welfare State
have been dismissed by Flr^Uilloch as irresponsible
His coalition partners, the Centre Party and the
Christian Democrats have refused to have anything to do
with the Progressives,
- 183 -
Another concern is that the coalit ion partners'
promised spending programmes that are not on Mr . 'Ji l loch's
agenda. Then there is the chanco of dissent on national
security issues. A handful of Centre Party and
Christian Democratic io usl.ators have deserted the
Government in the past over support fer Atlantic alliance
policies on nuclear weapons and the deployment of Cruise
missiles. Two such defections now could topple the Govt.
Against this background, Norwegians are saying
that . i t would be a po l i t i ca l miracle i f fir .Uilloch
served his f u l l term without being forced to ca l l an
election. Dagbiadet, an Oslo tabloid said Mr.Uilloch
had been condemned to govern.' - uith
He confronts his prcd ic tcearhent../ the advantage
that the polls show him to bo a trusted and respected
pol i t ic ian. He also scams temperamentally suited to
the situation. ' He is calm and mild-mannered when he
aoes to office in the morning and calm and mild-
mannered when he comes home., his w i fe , Anne Mario,
once observed Aides confirm he is very much the same
at o f f i ce . /
He makes everyone fee l they are contr ibut ing and
creates an atmosphere where people genuinely get along
wel l with one another, said one of them. Others c i te .
his attachment to precis ion.
- 184 -
Mr .U i l l och uas born In Oslo 'on October 3 1928,
The son of Haakon U i l l o c h , a business execu t i ve , and
Agnes Ch r i s t i ne Saure. By t h - t ime ho f i n i shed 1 h i s
school ing in 1953 w i th a decree in economics, he uas
involved in l o c a l p o l i t i c s . He uorked for the Federat ion
of Norwegian i ndus t r y from 1954 to 1963.
_F i rs t e lec ted to Parl iament in 1958, du r ing the
1 960!|" ho uas t u i c o ch ie f adviser to the Department of
T rade , i n t e r r u p t e d hy a tuo— year " s t i n t as genera l
•secretary of the Conservat ive P a r t y , He uas " leader of
the Conservatives i n Parl iament from 1970 u n t i l he
became Pr ime • Min i s t e r 1981.
Mr . U i l l o c h l i v e s in a modest duplex apartment u i t h
h is u i f e , uho i s a part—time nu rse . Their tuo daughters
and the i r son have a l l l e f t home. An avid gardener
and handyman, he spends a good dea l of h is f r ee t ime
uork ing around the f a m i l y ' s vaca t ion home. On Cr^o Fjord
His c reden t ia ls as a t y p i c a l Norwegian arc enhanced by
h is fondness fo r summer hikes in tho f o r e s t , and, bnce
the snou' f a l l s , sk ing tours in the mountains.
P o l i t i c s , houcver, comes f i r s t , i t may be genet ic
According to a recent genea log ica l s tudy, Mr . U i l l o c h Is
descended on h is mother 's s ide from Harald F a i r h a i r
the n in th century war r io r k ing uh'o u n i f i e d Norway.
HINDU
MADRAS
2 2 . 9 . 8 5
- 185 -
THE REAL UINNER O£JHE J j i
Elections hold in Norway early this month wore
not lacking in suspense nncJ unexpected developments,
A feu minutes after the closing of the polling booths
the first estimates gave a slender load of throe seats
to the Conservatives. Popular Christians and Centrists '
Oho constitute the ruling coalition since 1982 and
to Progressive (Populist)who back them in Storting
the parliament of Oslo. :
Uust before midnight, there uns a dramatic turn.
The Labour Party, the Leftist Socialists and the
Liberal Party, which this year opted to compaign for
and eventual loft government ware on the lead. They
maintained as one seat load for a l i t t l e loss than an
hour, without really having illusions of a win, for
the votes of the big ci t ies (where their resu l t s ,
t radi t ional ly, have not been oncour gmng)wer e not counted
by that time. Besides, .the Liberals lost two seats
which remained with them. Their stand on ecology
doesn't cut any ice in Norway,
Eventually the new Assembly consists of 80
bourgeois members and 77 l e f t i s t members. The
Conservative Prime Minister Hr.Koarc Uilloch finds his
majority reduced and the task that awaits him when
he faces the legislature seems delicate.
••* 1 8 6 -
^ J j ^ PAJTTY
The ruling coalition retains power, but i t is
Labour, which is considered the real winner of the
bal lot , i t secured 4t«2 per cent of tho i/otss 3,8 per
cent more than in 1981) and i t has consolidated i t s
position as tho lead inn pol i t ical party uith T1
seats (an increase of f iyo) , A well organised, and
dynamic campaign, monitored from the central Labour
headquarters has ]iv>en astonishing results which no
one thought was remotely possible three months ag.o,
The left is making big str ides throughout Norway
and especially In the three d i s t r i c t s of the north,/average of 7,7% and where the Industries
whiare un em poly merit is mo r G ^nan the nation a l/,as well
as fisheries and smaller agricultural industries are
in difficulty. In FinnmarkT for example, the Labour
Party obtained around 59 .per cent of the votes,'10
per cent more what i t jot four years ago.,
SOCIAL POLICY
The Conservatives say that, in their compaigny
the leftists laid stress-by gross oxaggorationsw
on the incompetence of the public health system, shortage
of personnel in hospitals, creches and old age homes
and general on the bourgeois passivity to social
policies.
In the eyes of the left, Norway is rich and a
part of the revenue from gas and petrol can be
utilised for the development of the public sector
and the social services without creating an inflationary
- 187 •
spiral . These problems more than the defence and
security policies have made the public cr i t ical of the
30vornmc-nt.
This spectacular leap of the Labour is a
personal success for the party leader, Mrs Gro Harlem
Bruntland, who took charge in 1981 of a party uhich is
not united on the question of foreign policies, relations
uith the NuTD or the 'Joploymont of Euro-missiles,
l/icucd uith suspicion in union circles and in
her oun party, Mrs, Bruntlnnd is knoun to impose
herself on the party uith authority uith a penchant for/Different tendencies and factions do per«ie>+'-
putting a quick end to internal quarrsl^but they do not
burst into the open as they used to.
The left ist Socialists, uho are against the
NATO, hav/e obtained 5.4 per cent of tho votes (an
increase of 0,5 per cent) and six seats (an increase
of tuo)• (.
The Prime Minster, Mr.Kaorc Uilloch, has come back
from behind. His Conservative Party, uith 30v1 P e r
cent of the votes has lost 1,5 per cent but i t has
clearly improved on the local election of 1983 (uhon
it got 26.4 per cent). T.he strategists find i t difficut
to explain the loss of three soats(50 against' 53;
in tho legislature while the economic policy folloued
by the government in the last, four years has succeeded
in many aspects. Economic ind icators are posivite
the Stpte no longer has any external debt, i t s reserves
in the Central Bank arc more than 100 million krone
and unemployment and inflation arc on the decline.
- 188 -
Certainly, the Conservatives committed the error
of thinking that those flattering figures uerc enough
to gain the uppor hand. One could say that they uero
relaxing, resting on thoir laurels and had not
foreseen that the leftist offensive in the area of
social policies would have such an impact•• Furthermore
they thought that they had proved to the public that the
"bourgeois" coalition had allocated more money to social
affairs than the previous Labour Government. Some
critics even accused Flr.Uillpeh of lack of sufficient
personal involvement in the campaign.
The tuo other members of the coalition-tho Popular
Christians and the CGntrists-have each gained a seat
although the former(i6 soats/8,3 per cent of the votes)
lost 1•!, per cent and the latter notched up the same
score (6,7 per cent) as four years ago. This is
explained by the proportional voting and by the
electoral pacts arrived at among small parties at the
local level to regroup their votes in the final count.
According to a lau passed by the Parliament^ these
accords have been approved for the first time since
1949 and hove pa-pfrlysaved the government.
The position of Mr.Uilloch during the course of
the legislature ui l l not be particularly comfortable.
He uil l have to face an opposition strengthened by
the recent mandate and uhich as stressed by Mrs.Bruntland
- 189 -
intends to shou the "bourgeois" that their(tho.
point of vieu can't bo ignored. A feu members of thethat
Populist Christians and Centrists foal /they aro
closer to tho le f t is ts than the Conservatives on
questions rc la t in j to defence and disarmament uhieh
promise some closely foujht debates,
Riiht inside the coal i t ion, the al l ies 'of the
Conservatives are bound to demand and improvement in
the social policy of the 30 vcrnmont, Finally the
''bduraeois" could find themselves in minority i f the
tuo members of tho-Projressives voto with the le f t i s t
opposition. Heading such a fragi le majority, Mr.Uilloch
u i l l have to prove himself as a very able personality
LE MONDE,.."^ "*' - HINDU, MADRAS
'29.9,85
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