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Allahabad High Court · body

2000 DIGILAW 868 (ALL)

YOGENDRA v. SURESH CHAND

2000-07-05

R.P.NIGAM, S.H.A.RAZA

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In all the writ petitions, it was alleged that in the matter of counting of votes, acceptance of wrong nominations, rejection of valid nominations etc. , cither the Court should order recounting of votes or the election of Gram Panchayat and membership of Kshetriya Samiti be declared void. In one of the writ petition, it was prayed that the opposite parties be directed to hold an enquiry into the matter pertaining to irregularities and illegalities perpetuated during the course of the election process and the guilty officers be punished. 2. Since the decision of the Honble Supreme Court in N. P. Ponnuswami v. Returning Officer, ( AIR 1952 SC 64 ), which was affirmed by Honble Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner, (AIR 1978 SC851), as well ss in the case of Anugrah Narain Singh v. State of UP. , (1996) 6 SCC 303 , it has been the consistent view of Honble Supreme Court as well as various High Courts that when the process of election is set into motion by issuance of the notification, the process of election cannot be stalled and the aggrieved persons, if they so choose, may file an election petition. 3. The provision of Elections Law should be construed strictly. Section 12-C of U. P. Panchayat Raj Act and Section 14 (2) of Kshetriya Panchayat and Zila Panchayat Adhiniyam, 1961 provides that the Election Petition can be filed against the irregularities and illegalities per petuated during the course of the election. 4. Article 243-O (b) of the Constitu tion of India provides that "no Election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. " 5. In the instant cases before us under the direction of Honble Supreme Court, the notification for holding the election was issued by the State Election Commissioner on 18th May, 2000 mentioning therein the entire programme of the election. The process of holding elections in four phases began from 14th June, 2000 to 23rd June, 2000 and results were declared. After the process of election was set into motion, there were spate of writ petitions, which were filed before this Court, assailing the reservation and rotation of seats, rejection or invalid acceptance of nomination papers etc. The process of holding elections in four phases began from 14th June, 2000 to 23rd June, 2000 and results were declared. After the process of election was set into motion, there were spate of writ petitions, which were filed before this Court, assailing the reservation and rotation of seats, rejection or invalid acceptance of nomination papers etc. , and on various other grounds, even after the declaration of the election results, there were influx of large numbers of such petitions which were filed before this Court. 6. The learned counsel appearing on behalf of petitioners laid stress that during the Panchayat elections, large scale bun gling, rigging, and capturing of booths, were resorted to. Therefore, either the recounting, may lake place again or the election be declared void and fresh elec tions should be ordered to be held. 7. We are definitely of the view that in view of the provisions contained in Sec tion 12-C of U. P. Panchayat Raj Act and Section 14 (2), and Section 27 (2) of Kshetriya Panchayat and Zila Panchayat Adhiniyam, 1961, a remedy is provided to assail the election by filing an Election Petition, Article 243-O (b) of the Con stitution of India puts an embargo to the power of the Court to the extent that "no Election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State. " 8. Similar provisions exist as far as Article 329 of the Constitution of India, which pertains to the election of Legisla tive Assemblies and Parliament wherein it is provided that no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an elec tion petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. Except in rare of rarest cases neither the Honble Supreme Court nor any High Court have ever interfered into the process of elections even if gross ir regularities and illegalities have been per petuated. The power to check such ir regularities and illegalities has been vested to the Election Commissioner. 9. Except in rare of rarest cases neither the Honble Supreme Court nor any High Court have ever interfered into the process of elections even if gross ir regularities and illegalities have been per petuated. The power to check such ir regularities and illegalities has been vested to the Election Commissioner. 9. Article 243-K of the Constitution of Indian provides that "the superinten dence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Com mission consisting of a Stale Election Commissioner to be appointed by the Governor. Under the similar provision which is equivalent to Article 324 of the Constitution of India, the Slate Election Commissioner has been vested with a vast power. He can order re- counting, re-poll and countermand the election. Whenever such complaints are made to the Stale Election Commissioner, he sends those complaints to the Dislike Election Officer and after obtaining a report from the District Election Officer and the Observer appointed by the State Election Commissioner, the Election Commissioner passes such an order. The order so passed or not passed particularly after the declaration of the results, cannot be subjected to judicial scrutiny. 10. In view of the aforesaid reasons, we are not inclined lo interfere. All the wril petitions are accordingly dismissed. Petition dismissed. .