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.

- 11 -

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.

- 15 -

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

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