documentation monthly, vol. v (oct-dec 1978)
TRANSCRIPT
Documen ta tionMonthly
OCTOBER 1978
15
Research & ReferenceElection Commission of Mndia
C 0 V. T E IT T 3
r i " " ' A 'D'TTui'O T\j ..IJr x-ajri —. X
3ooks and Articles
CIJAPIBR - IX
Notes on JudicialDecisions inEL e c ti on Pe t i t i c n s
^P TTT
Notes on I X s q u a l i f i c a t i o nof lumbers i>y theCommission .
CHAPTER - IV
Par ty Po s i fcion inLe gi s i r.ti ve As s e rnbl i o s
CHAPITER - V
Disposal of E l ec t i onPetitions
(i) Iok Sabha
( i i ) Legislative Assemblies
CHAP'IBR - VI
Bye- elections
P A G E S
3 »
13
-35.
36 -
- 50.
#* * *
* * * * ** * * * * * *
* * * * * * ** * * * *
* * **
Bus Eoouwenfcr.tlon is Intended to
acquaint the Officers and Staff of the
Commission with the new t i t les , and, in
some cases, a hint as to the contents
thereof, received in the Library, deve-
lopments in the field of ELectoral law
and procedure, progress of the disposal
of election petitions .nd judidial deci-
sions thereon, Commission's decisions on
questions as to disqualification of mem-
bers to either House of Parliament or of
th e 3tate Le gi si o ture s, pa r ty po si tion in
the Legislative Assemblies of the States
and the Union Territories and bye-elections
to the House of the People and Legislative
Assemblies.
* * * * * * * * * * * * * * * *
C II A P T S R - I
B O O K S A N D A R T I C L E S
1. A3 ay a Kuraar Acharya Narenclra Deva '•An A p p r e c i a t i o n .
Mainstream i October 28,1978pp. 6 - 7«
2. B-li. I b l i t i ca l System LosingCredibility.
Eco. & Pol. Vfeekly:Special Number 1978,pp. 12^1-5^-.
3 . Bardhan, A«B. Bhil Insurrection s
Mainstream i October 28,1978,pp. 8-9 & 3^.
l+. -bhatnagar, Arun Ma ulan a Azad.
I.W.I. J October 8pp. 22 - 23 & 2p.
- 1*+, 1978,
5. "Bhaumik, D»-J. &Hiattacharyya, K*S.
Ib l i t i ca l -And AdministrativeDevelopments in Sikkim.
Jill. Constl. & Parl. Studies:July - Sept. 1977, pp. 78-98.
6. Birla, G.0- Bapu J a Unique association.
Eastern Economist '• October13, 1978, pp. 720 - 27.
7. ""onney, Norman The Scottish ssernbly sA Proving Ground For Parlia-mentary Reform
Pol. Qrly J April - Oct. 1978,PP. 19f - 99*
8. ButlQ25 David The Renoraination of M, Ps.A Note.
Parl. Aff. Spring 1978,pp.. 210-12.
9. Chakravort.ty-jNikhil Mission to Peking.
Mainstream : October 28,1978,pp. 1-2.
10. Chakr ab&r ty, Saro j Dear Indi ra» • • •
Sunday J October 1p, 1978,pp. 21 - 26.
Extracts froE Author's book"V/ith Vfest Bengal's ChiefMinisters. "
11. Chatterji, Shola Unravelling the J .P . enigma.
Sunday i October 15, 1978,PP. 33 - 35.
12. Chatter jee, Sailen Gandhi j i in Woakhali.
Link : October 1, 1978,pp. 1*f - 15.
13. Chitta Han j an, G.N. Chikmagalur Stakes.
Mainstream s October 28, 1978,P. 3.
1k. Chunkath, A. Referendum s I t s Genesis,Growth And Raison Df e t re .
Jnl. Const. & Earl.. Studies*October - December 1977,pp. 86 « 100.
. Dan g, Sa t yap al, Ihe Nirankaris.
Mainstream '. October 28, 1978,rro. 11 - ih.
16. D.ange, S.A. "No. Paper J a i l s n .
India 3bday 5 Oct. 1 - 15, 1978,P. 59.
In an interview with MinhazMerchant.
17. Desai, l^brarji
18, Desai,
On Excellence : A TributeThe 1-Iahatma.
I.W.I. October 1-7, 1978,pp. 8, 10-11.
1'brarji Dosai discusses religionpromiscuity, duty ^ salvation.
Sunday J October, 1 \ 1978,PP. ifO 5^1
As interviewed by Dinesh Awasthi«
19.. Eco. & Pbl. Vfeekly. Pakistan $ 'Ihe 'Civilian1
Government.
Eco. & Pc->. Ifeekly t Oct.21,1978,pp. 1766 - 67.
20. Gandhi, Ra.3raoha.r1 *» Warrior Fror? Tho 3outh~3»
I .W.I . October, 1-7, 197Bpp. 63,65 & 67.
21 . Goswami, D.C. The Recent Statute Changes."xtd Pandit Jcoaharlal Nehru.
Jlil . Con s t l . & Par l . Studie s tJuly-Sept. 1977,
22. 'Gould, Frank &Bo we th, Barle ava
Po l i t i c s and Public Spending.
Pol. Qrly: /wr i l -Oct . 19/8,pp. 222 - 27.
23. E-ksnr , P«^ Diploraacy x'jid Diplomats.
I .W.I . Oct. 1 - 7, 1978,PP»33-
hm Feasnan, D.J". Liber t ies, Civil iind Ih civil .
Po;. Qrly : ;.r>ril - Oct. 1978,PP. 227 - 31 .
25. Hiravrat, Saroj Changing; Role of The GovornorIn Appointing The CoalitionMinistry In The Context ofMaharashtra - m appra i sa l .
Jn l . Const. & Par l . Studios?Oct.- Doc. 1977.PP. 53-60.
7
26, Ibrvi tz , RxLr>h South Tricon Realities /«ndIte-il Pol i t ik .
Pol. Qrlj s April - Oct. 1978,pp. 181-9O.
27. India Backgrounder Undoing The *+2nd Amendment.
India Backgrounder s Oct. 2, 1978,pp.1381 - 90.
28. Jordan, Grant Central Go-ordination, Grossman/ Ihe Inner Cabinet.
Pol. Orly. April - June 1978,pp. 171-80.
29. Josh, Shagvan Singh Punjab 1 New W.n?ensions in SikhPol i t ics .
Eco. & Pol. ^feetly s Oct.7, 1978,pp. 1697-98.
30. Khalidi, Vfalid Thinking The Lhthinkable :A Sovereign Palestinian State.
Foreign -iff. s July 1978.PP. 695 - 713.
31. LiEiaye, Madhu Eighteen >bnths of Janata Rule.
Mainstream » Oct. 1^,1978,pp. 9 - 11.
32. Link Chikfi?agalur Portents.
Link i Oct. 22, 1978,pp. 8 - 10.
* - 8 :
33• link Sheikh Raises Hew Bb;,3y.
Links Oct. 8, 19/8, pp.8.11.
3k, Link Support for African Struggle.
Link i Oct. 8, 197C,pp. 13 - 16,
« Madhavan Hair, R. How prevlleged i s privileged?
Onlooker : Oct. 1 - 1^, 1978,P. 13.
F::. Desai - Char an Singhcb rr e snond en ce.
36. :1algonk-ir3 The Ken VJho ki l led GandhiIfanohar
Sunday : 0 c t . 1, 1978,
Extract from the author'sf o r t h co in in g bo ok.
37. Miller, Ihe Poli t ics of The AmericanArthur 3. Judiciary.
Pol. Qrly i April-Oct. 1978,pp. 200 - 207.
38. Kishra, S#N. Some Reflections on IkeNature of Toe Indian Consti-tut ion.
•Inl. Constl. & Parl. Studies.July - Sept. 1977,PP. 37 - ^9.
o
39. Mohamad, Nehru And §3cularisB.Gh.cn se
J . I . L . I . J Jan. -Mar. 19/8,pp. 103 - 16.
>+0. Napolitano, The I tal ian Crisis i AGiorgio Communist Perspective.
Foreign Aff. J July 1978,pp. 790 - 99.
T-^ravanan, The Indian TTa,tion - State.Sdatata
Link : Oct. 1i, 19?8,88 -
2. Narayanan, Parliament And The SupremeErlrtntct Court.
Link t Oct. 15, 1978,pp. 10 - 11.
'+3. Noorani, A.G. Parliament's Stupid Privileges.
Sunday : Oct. 98, 1978,PP. 23 & 25.
M+. Pachavri, P-S. Electoral Systems.
Jnl. Cbnstl. & Parl.Studios J J u l y - Sept. 1977,pp. 1 - 25.
. Punjab Civil Punjab Poli t ical Killings JRights Coirsittee. First Iteport of The CociDttee.
N-instro-E : Oct. ?1, 1978,pp. 7 - & 27 - 31.
10
MS, Puri, 3nlrao 4utonony and Part icioation iSJja^npions of Indian MuslimIden t i ty .
Sco, & Pol. Vfeekljr i 0ct ,7} i978,pp. 1706 - 12.
Puri, Bajinder PM turning Dictator?
HLitz i Oct. 28, 1978,pp. 9.
Barm, Rao, R. Afghan Consolidation,Pak ~ Iranian In teres t .
Link i Oct. 8, 1978,p;o. 21 - 22.
. Soshdari, K. Freedom as Conceived hyAurobindo.
/^ashvani J Oct. 29 - NovA,1978, pp. 29 - 30.
5"0. Shamici, Shamim B3g Sacjificed to help FarQioqihwe d A b f i l l '
Onlooker 1 Oct. 16 - 31, 1978,pp. 23 - 2*f.
Shr.rnn, P. Be form of Indian ."SLectoralSystem.
Jhl. Constl. & Parl . Studies;July - Seijt. 1977,r>V. 26 - 36.
11
52. Sharnia, M..3. Parliamentary Pr iv i leges AndExpulsion.
Jn l . Constl, & Par l . StudiesJuly - S e p t . 1977,pt>. 58- 65.
5 3 . Sharma, Udayan \fay J . P . i s disgusted.
Sunday i Oct. 22, 1978,pp. 2h - 25.
Singh, B.N. &Singh, Veena
rae Problems And Prospects ofA Welfare Sta te .
Jiil. Const. & Pa r l . Studies.Oct. - Dec. 1977, pp.101- 13.
in^hj TJiiia 3hanker Par t i e s And Po l i t i c s In BurmaDuring The Period 19lr8 - 1962.Jh l . Constl, & Pa r l . Studies i
July - Sepb. 1977,pp. 99 - 120.
56. Siwach, J»R. 'The Pres iden t ' s Rule And TaeP o l i t i c s of Suspending -AndDissolving The State Assemblies.
Jn l . Constl. & Par l . Studies iOct. - Dec. 1977,PP. 39 - 52.
5 / . Stern, JVrte Between Pepression And Reform:A Stranger 's Impressions ofArgentina And Brazi l .
Foreign Aff. : July 1978.•pv. 800.- 18.
58. Sully, iielanie A. Austrian Social Democracy.Tho Net; Party Programme.
Pol. Qrly. i April - June 1978,pp. 159 ~ 70.
59« Ibapar, Bornesh Policy - less Pra t t le .
Eco. & Pol. Weekly: Special.Number 1978,p. 255
of the Janata Government.
6c. Tbaparaj Romesh The Polit ics of Activelobbies.
Sco. & Pol. Weekly i Sept. 30,1978,p. 1655.
61. Yo un g, Gavin Zia gets set to hang lEhutto.
Observer J Oct. 1, 1978,p. 8.
13
C H A P T E R ~ I I
NOTES ON JTDICIAL DECISIONS INELECTION PETITIONS*
During the month under review,eleven
decisions in/elect ion pe t i t ions given
by various High Courts and Supreme
Court were received by the Commission*
Of these, four pe t i t i ons , one from
Uttar Pradesh and three from Bihar,
arising out of Assembly elect ions,
June 1977, and two pe t i t ions from
Assam, arising out of Assembly elect ions
1978, were dismissed. Two appeals relat-
ing to Kerala Legislative Assembly .
Election, 1977 were accepted and three
relat ing to Andhra Assembly Election,
1978 wore rejected by the Supreme Court.
Ii3LiiCLt_J ,2.. 0£_1£y8. -., ASSAM
Narad Hira
Vs.
tfale sh Chanclra Das and o thor s.
In this petition, Narad Kirs, an
elector, challenged the election of I&iesh
Chandra Das to the As saw Legislative
Assembly, 1978 fron 1+8-Zfeko (SC) Assembly
Constituency. The petitioner alleged
that the returned candidate, Vno is not a
ineraber of scheduled caste, hag been declared
elected from the above reserved constituency
in violation of the provisions of section
5 (a) read with Section 33(2) of the Repre-
sentation of the People Act, 1951« ^ e
petitioner also contended that the Returning
Officer, who relied upon the Certificate
issued hy the additional District Commissioner,
Kanirup, to the effect that the candidate
belonged to scheduled caste, acted i l legally
as the Assam Scheduled Cr.stes Development
Co un ci 1, a r o gi s to re d o r gani sn tion, wa s
: » 15" '<
the only competant organisation to issue
such a ce r t i f i cate,
After hearing the parties, the High
Court observed that under Section 36, the
Returning Officer i s required to scrutinise
the nomination papers on the basis of the
material made available to him by the parties.
Ibe High Court held that the Returning Officer
had accepted the nomination paper of the
candidate on the basis of a valid document
and as such no i l legali ty was involved. The
Petition was dismissed.
i 16 i
ELECTION PETITION JIP_s__l5_-QF_l£lZ8- -_Ji£J>s±l-
Ni r an j an Bi swa s
Ranreshvrar Dhonovar £ o t h e r s .
In t h i s p e t i t i o n , Mi ran j an Biswas,
a defeated candid-;:.to, challenged the e lec t ion
of Rnmeshwar Dhonovar to the Assam Legis la t ive
Assembly, 1978 fro a 123~Digboi Assembly Consti-
tuency. The e lec t ion was challenged on the
ground of reception of some wrong b a l l o t
papers . I t was contended tha t in some b a l l o t
boxes, the b a l l o t papers were found in two
d i f f e ren t colours, one in deep pink and the
other in l i g h t pink. Trie p e t i t i o n e r also
expressed doubts regarding the counting pro~
cedure adopted in the counting of votes and
the genuineness of the s ignatures of some of
the Presiding Officers on the back of b a l l o t
papers . Ihe Ass is tan t Returning Off icer ' s
re jec t ion of the candidates ' prayer for .uc
17
recount cf votes, although he was losing
by a margin of 67 votes only, v/vs another
ground on which the election was chr:llonged.
The petitioner could not sub st-mipfcc
his allegations either regarding the wrong
reception of ballot papers or signatures of
the Presiding Officers on the back of some
ballot papers.
As regards Assistant Returning Officer's
refusal of the petitioner's prayer for a re-
count of votes; the- Court observed that under
Rule 63 cf the Conduct of Election Rules, 1961,
a candidate is required to spell the grounds
on which he seei s the- recounting of votes and
as the petitioner foiled to give any ground
the Returning Officer w?s within his right to
reject the prayer for 1 recount of votes. Tae
High Court dismissed the petition.
18
j i o
Jan a r dan Prasad 3inha
Vs.
Uaeshwar Prasad ^erraa aid others.
In this petition, Janardan Prasad
Sinha, a defeated candidate, challenged the
election of lines1"war Prasad Verma, who had
been elected to the Bihar Legislative Council
from the M?nghyr Teachers' Constituency in
the biennial election held in April 1976.
The election of the respondent was
challenged mainly on the ground of improper
reception of votes at the poll. (Tne
petitioner ••:as defeated by a margin of 9 '
votes only). As the petitioner had not been
able to make out a, prima facie case of
improper reception of votes, his prayer for
permission to his witnesses to inspect
t 19 *
the counterfoils of the trillot papers
to con firm or reny their signatures on
the same was rejected "by the High Court.
The election petition was therefore,
dismissed.
I 20 i
ELECTION PETITION WO. ^ OF 1977 - BIHAR
Man gal Prasad "Vaclav
Vs.
Rajendra Pratap Singh & o thers .
In this pe t i t ion , Man gal Prasad
YadaV) a defeated candidate, challenged
the election of Rajendra Pratap Singh
to the Bihar Legislative Assembly, June,
1977 froni 15- Ghorasahan Assembly Consti-
tuency. Trie election was challenged on
the ground that during the counting of votes
when the respondent was t r a i l ing behind, some
persons belonging to the Respondent's caste
entered the counting hal l and v i t i a t ed the
counting procedure.
. ' .The following issues were framed:
(1) i s the election pet i t ion main-
tainable?
(2) i s the election pet i t ion l i ab le to
be dismissed for non-compliance
•21
with the mandatary previsions -f 'Sections
81, 82, 83 and 117 of the R^.pr^entfction of
the People Act,
(3) whether the scrutiny and. counting
of votes were done fairly and properly in
accordance with law? If not, had i t mater-
ially affected the result of the election?
whether in fact the petitioner had
secured majority of valid votes in the
impugned election awd, if so, was he entitled
to be declared as a duly elected member to the
Bihar Legislative Assembly from 15- Ghovasahan
As sesbly Con sti tuen cy; an d
5. whether the petitioner was entitled to
any other relief or rel iefs.
2he High Court held that scrutiny and
counting of votes had been done fairly and
properly in accordance, with the procedure
prescribed by lav/. Hie High Court dis-
missed the petition.
- 22 -
ELECTION PETITION NO. 18 OF 1977 - 3IHaR.
Rambriksha Chaudhary
vs.
Habib .Ahmed.
In this pet i t ion, Rambriksha
Ghaudhary, a defeated candidate, challenged
the election of Habib Ahmed to the Bihar
Legislative Assembly, June, 1977, from 72-
Pupri Assembly Constituency.
The election of the returned
candidate was challenged on the ground of
commission of various corrupt practices,
electoral offences during poll and irregula-
r i t i e s in the counting of votes. The
petit ioner, however, failed to substantiate any
of the allegations levelled by him. Accordingly
the High Court dismissed the petition*
- 23 -
ELECTION PETITION (3R NO. 29662/76)ASDHRA PRADESH '
M.M. Rayudu
Gorrela Prakasa Rao& another.
This p e t i t i o n was f i l e d by M.M. Rayudu
calling in question the election of the
returned candidite, Gorrela Prakasa Rao,
to the Aidhra Pradesh Legislative Assembly,
1978, from 38-Yellavaram (ST) constituency.
The petitioner did not, however, file
two additional copies of the petition as
required under rule 3 of the Rules framed by
the High Court of iSndhra Pradesh for regulating
the tr ial of election petitions.
Since the petition was not in order,
i t was not numbered and returned to the
petitioner for meeting the objections,
- 24 -
including the objection of non-filing of the two
additional copies of the petition.
The petitioner did not meet the objections
within the stipulated period. After the expiry
of the prescribed period he filed an application
praying that 3 days1 delay in presenting the
petition and meeting out the objections be
condoned. The Counsel for the petitioner
pleaded ignorance of the rule which required
the submission of two additional copies of the
petition.
The High Court held that ignorance of law
was no excuse and accordingly dismissed the
petition.
ELECTION PETITION ( SR. NO. 29692/1978 )M DHR A F R .>DESH
Kasim aLi Abid
Vs.
G. Mallikarjuna Rao & others.
This petition was fi led by Kasim All Abid,
a defeated candidate, challenging the election
of G. Mallikarjuna Rao to the Lok Sabha, 1978,
from 39-Wsrangal parliamentary constituency.
Since the petition was not in order,
i t was not numbered and was returned with
certain objections and for re^-jj.resentation
after meeting these objections.
The petitioner filed an application
praying for condonation of the delay of %
days in presentation of the peti t ion.
- 26 -
After hearing the arguments of the
parties, the Court held that the petitioner
had failed to meet the objections raised by
the Registrar. The High Court, therefore,
dismissed the Election Petition under section
86 of the Representation of the People Act,
1951 for non-compliance with sub-section (3)
of Section 81 of the Representation of the
People act, 195l,
- 27 -
ELECTION PETITION ( SH. NO. 29777/78 )FRADESH .
A. Sad an and
V s .
G. Ra j a Nars imha-& O t h e r s .
In this petition A. Sadanand, a defeated
candidate, challenged the election of G. Raja
Narsirnha tc the <iidhra Pradesh Legislative
Assembly, 1978, from 229-Andole constituency
on the ground of commission of various corrupt
practices under section 123 of the Representation
of the People Act, 1951.
Since the petition was not in order,
i t was not numbered and was returned by the
Registrar with certain objections, notably for
ncn~filing of four extra copies of the petition
and the affidavit as laid down in rule 4 of the
Rules tc regulate the t r ia l of election petitions.
- 28 -
The petition was represented after
complying with the objections along with
an application by the petitioner for
condoning the delay in re-presenting i t .
The Court was, however, not satis-
fied with the reasons advanced for the
delay in re-presenting the petition and
dismissed i t .
29 -
ELECTION PETITION NO.4 OF 1977UTTAR FRiiDESH
Kawab Sudiq ALi Khan
Vs.
Rafi Khan
I n t h i s p e t i t i o n , Nawab Sadiq Ali Khan,
a defeated candidate , ca l l ed in question
the e l ec t i on of Rafi Khan t o the Ut tar Pradesh
L e g i s l a t i v e Assembly, June 1977 from 66-Shah -
Jahanpur Assembly Consti tuency. The e l e c t i o n
was challenged on the ground t h a t Rafi Khan
procured the Assistance of po l ice fo rce , br ibed
the v o t e r s , and hired veh ic l e s for free con-
veyance of the v o t e r s . I t was also al leged
t h a t there was impersonation of v o t e r s , inc luding
dead v o t e r s .
The petitioner failed to substantiate the
allegations made in the petition as a ccnsequenoe'
of which the petition was dismissed by the Court.
- 30 ~
CIVIL APPEAL NO.12 OF 1978 - KBR.LA, (SUPREME COURT)
H a j i C.H. Muhammad Koya.
T.K. S.M. A. Muthukoya Thangal.
This was an appeal directed against the
order of the High Court of Kerala dated 19 Decem-
ber 1977 setting aside the election of Hsji
C.H. Muhammad Koya to the Kerala Legislative
Assembly, 1977 from 34-Malappuram Assembly
Constituency on the ground of commission of
corrupt practices, under Section 123 of
Representation of the People Act, 195l. The
election had been challenged by the defeated
c an di d ate T. K. S. M. a. Muthukoy a Th an g al .
The election had been challenged on the
ground that the elected candidate : (i) made
inflamatory speeches inciting religious
feelings; and
- 31 -
[±i) t:v:t he published a cartoon in l Chandrika1
'ute-3 12.3.77 depicting Jan Sangh as a pig and
E.3,1.3. Namboodiripad cutting i t s flesh and
serving i tcto Muslims.
The High Court had held that the publi-
cation of the cartoon in the News paper r Chandrika'
constituted a corrupt practice.* specified in
Section 123 (3A) of the Representation of the
People Act, 1951 and as such set aside the election
of Mohammad Koya.
The Supreme Court after hearing both the
parties concluded that the petitioner, Muthukoya
Thengal had not been able to prove the corrupt
practices alleged against the appellant Haji
C.H. Muhammad Koya. The Court held that the
petitioner had not been able to prove that the
speech made by the ilppellant promoted or attempted
to promote enmity and hatred between the two
classes of citizens. Similarly appellants hand
- 32 ~
in the publication of the Sold cartoon had not
been proved. The Supreme Court, therefore,
quashed the order of the High Court.
- 33
CIVIL ijFFEiL HO. (i)99 & (ii)791978, KERXA - SUFRE E COURT
(i) K.M. Mani
Vs.
P.J. iintony and others,
( i i ) Joseph Thomas
Vs.
F.J. Aitcny and others.
The above two appeals were directed
against the two orders of the Kerala High
Court dated 21 December, 1977 in election
peti t ion of respondent, P .J . liitony, an elector
of the Palai Constituency.
In t h i s pet i t ion, F.J . Aitony, an
elector, had challenged the election of
K.M. Mani to the Kerala Legislative .Assembly,
1977, from 94-Palai Assembly Constituency on
the ground of commission of various corrupt
practices specified in Sub-sections (1), (2) ,
(3) , (4) and (7) of Section 123 of the
m 34 -
Representation of the lecple Act, 1951.
The High Court had found that Joseph
Th, mas, an I .P.S. officer posted as city police
commissioner, Trivandrum, guilty of addressing
a meeting in favour of K.M. Mani, then Finance
Minister of Kerala. Procuring the assistance of
a Government servant in promoting electoral
prospects i s a corrupt practice and on this ground
the Court had set aside the election of K.M. Mani.
On hearing both the parties, the Supreme
Court held that there was no direct evidence
to prove that Joseph Thomas went to address a
meeting at the instance of the appellant and
circumstantial evidence was inadequate to lead
to such a conclusion. Consequently, the Court
set aside the findings of the t r i a l Court and "..
allowed the appeals.
3?
CASES OF PI 3QUALIFE CATIONS
During the month under review,
no pe t i t i on for the removal or reduction
of the period of d i squa l i f i ca t ion for
membership of the Parliament or a State
Legislature was decided by the Election
Commission.
G H A P T E JR
PARTY POSITION IN STATES/UNION T3IRRTTOHIE3ASSEMBLIES _ , .
The party posi t ion as on 1.10.1978
d i f f e r s from tha t on 1.9.1978 in the following
respects i-
In Andhra Pradesh, the strength of
Congress (I) rose from 211 to 212 as one
Janata morcber joined i t . Correspondingly,
the strength of Janata party was reduced
to ?lf.
In Kama talc a Legislative Assembly
the strength of Congress (I) increased by
one as the verdict of the electors in the
bye-election fr'rn Charnraja Assembly Consti-
tuency v/ent in i t s favour.
The strength of the Congress (I) in
Mndhya Pradesh Legislative Assembly, was
reduced from 59 to 58 on the expiry of one
of i t s members.
I art* »p *
In Orissa, the strength of the
Con,cross was reduced by one when one of
i t s members defected to Congress (I)
raising the strength of the l a t t e r in the
House to 20.
The Congress suffered a set back in
Rajas than Legislative -"-sseEbly when 1!+
of i t s members defected to Congress ( I ) ,
As a consequence, the strength of Congress
(I) swelled fron 11 to 2.5 and that of
Congress declined from 30 to 16.
In SikJrim, the strength of Janata
Party declined by one as one of i t s members
declared himself as an independent.
The strength of -Janata Party in
Uttar Pradesh Legislative Assembly was
reduced from 355 to 35*+ en the expirty
of one of i t s members.
In Pondicherry, the strength of
the AIDMK was reduced by two, when two of
i t s members declared themselves independents.
t 38 i
In Mizcrar! Legislative Assembly}
one raenber of the Mizcr'vm Congress group
declared hi":self as an independent,
Consequently, the strength of 'ethers ' in
the Assembly declined by one and that of
Independents rose to 2.
PARTY POSITION IN THE STATE/UNIC7 TERRITORIES ASSEMBLIES
(( 1. 10. 1978 ))
ate/IMonrritory1.
3hra Pradesh
'sara
ihar 3
'Uj'arat
iaryana
IbtalStrength
2 .
29^
126
3A
182
90
Kiraachal Pradesh 68
•Jaiarou &. Kashmii
•Karnataka
J.Kerala •§
' jQ.Madhya Pradesh
It tKaharashtra
1.3 «!•%£!; a l ay a <®
li.KaselaaA
• 5 76
2 ^
1^0
320
263
60
60
60
Janata
3 .
5k
60
215
108
78
5k
12
59
Qs
229
99
52
Congress(I)if.
212
7
^3
56
3
-
7
152
18
58
52
2
Congress
5.
8
2^
13
8
1
9
2
1
21
21
29
17
Q.P.I.
6.
6
6
21
-
-
—
-
3
23
-
1
_
C.P.M.
7.
7
11
if
-
-
-
-
-
17
-
0
_
Others@
8 .
3 ,
8
-.7
-if
5
-
22
2
51
-
90
38
55
Independents
9 *
2
9
11
6
2
5
3
7
-
10
8A
2
5
5
Vacant.
1 0 .
2
1
-
1
-.
-
1
2 •
1 . 2 . 5. 9 . 1 0 .
j a"b
kin
KifeEjil Nadu
117
200
32
23»f
60
JBEffttar Pradesh
sst Bengal 29^
•hal Pradesh 30
J&Jtelhi ** 56
man & Diu 30
K 30
.cherry 30
3,997
116
25
Iif8
26
8
20
15
25
-
29
21
hk
3
11
10
1
1,809 73*+
6
p
16
27
7
9
1
10
1
7
1
5
9
2
90
*-ixcluding 2 - seats in Pakistan occupied territory.**Delhi 1-Ietropelitan Council.Q Latest Party Position not received.
X%
1
12
51
1
172
"-*
58
if
181
7
-
60
1
15
28
18
300 70*?
3
2
If
6
1
2
11
k
1
1
2
2
2
116
1
2
11
Other P a r t i e s include i-
1. Aidhra Pradesh Mrgil l is I t tehad - ul - Muslimmen 3,
2 . Assam
3 . Bihar
k» Gujarat
5,» Haryana
6 . Jamrau & Kashmir
7 . Karnataka
8 . Kerala
. Haharashtra
Plains Tribals Cbuncil of Assam *f, Revolutionary Communisty Party of India 1+.
Jbrwerd ELoc 1, United Opposition PVont 8, All India Jharkand 1,
Lok laksha Vidhayak Dal. 7.
Group of k M.L.As. of o r ig ina l Congress but not joined in any of
the two present Congress For t ies .
Vi shal Baryana Party 5«
^'ationfl Conference 5t > Jarcat Islarai 1.
1 in slim League 1, Republican Party of India 1.
.Kerala Congress 2(D> Revolutionary Soc ia l i s t Party of India 9j
Kr.tional Democratic Party k} Muslim League 12, Muslim League
(Opposition) 3 , F.S.P- 3 .
Peascnts and vforkers Party 13? Republican Party of India (Karcble) 3>
All India Muslim League 2, Forward HLoc 1*+, Republican Party (Khobragade) 23
I^iaras- i t ra Puro5aKi Vidhi lvc.ndal Congress Paksha 36, Puragaai Vidhi >fandal
Congress Paksha - Independent - 5? ivhharcshtra SaTIlaj ^ adi Congress 2, lok Shahi
Congress Group 9, Nag ViciarbhH Andolan Samiti 2, RPI (Gavai ) 2.
All Tarty Hil l Leaders Oon;fferenCe 20, Hi l l State People Demcrat ic Party 15,
Public demands Iraplosent-.tlcn Convention 2, Jainti.a National Union 1..
- 4 2 -
11. Nagaland united Democratic Front 39? National Convention of Nagaland 1,NPCC 1p\
12. Punjab Jhiroffiani Akali Dal 58
13. Rajasthr.n Progressive Party k.
I1!-. Tamil Nadu ATOMC 126, DKX 1+7, Indian National Forward HLoc 2, Tamil Nadu Progressive
Toilers Party 2, Forward HLoc 1, Muslim League 1, Gandhi Kara raj National
Congress 2.
15» Trinura rtSP 2, Forward HLoc 1, Tri.oura Upjati Juva Samity k,
16. West Bengal Forward HLoc 26, R3P 20, Revolutionary Communist Party of India 3> Forward
HLoc (Marxist) 3 , Biplabi Sarigla 'Congress 1, .Socialist Unity Centre k,
Muslin League 1, Congress for Democracy 1, CPI (Marxist Leninist) 1.
17. Arunzchil Pradesh People's Party of Arunachril Pradesh 8.
18. Go...,Dai3an & Diu -iaharashtrawadi Gomantak 1p.
19. r.'izor-'.K Peoples' Conference 23> Mizoram Congress Party !+, Mizorara Jan-~.tr. 1.
2Q, Penoicherry ACDKK 17, Dl-K 3.
C H A P T E R - V
±£.3P0§AL OF ELECTION PETITIONS
T A B L,
Total number of e l ec t ion p e t i t i o n s f i l e d ,disposed of, s t i l l pending in the HighCourts and appeals pending in the SupremeCourt - Lok Sabha Elections March, 1977.
(( 31.10.1978 ))
r sae of State/Tlnion territory
• 1 .
I.Andhra Pradesh
2. Assam
3 . Bihar
h. Gujarat
5. Jama u & Kashmir
6.Karnataka
7.Kerala
S.Madhya Pradesh
9.Maharashtra
D.Punjab'*
1. Ha j as than
I Filed
8Election Pe t i t ions in $ Appeals in the
the High Courts j Supreme CourtDisposed, Pending {Filed 'Disposed 'Stending
o f . , 0 ' of '
$ o2 _
3
3
3
2
1
1
2
2
1
1
3.
3
3
2
2
1
2
2
1
1
3
4
6 . 7.
1
1
2
1
1. 2. 3. *+. 5. 6. 7.
16. Tamil Nadu 8 8 - 1 - 1
17* Trlpura -
18. Uttar Pradesh 37 16 21 3 - 3
19. West Bengal 1 - 1
UNION TERSE TORIES
1.
2 .
3*
If.
5.
ArunnchPradesh
Delhi
Go'\,Dr:TD
ViLzornja
Pondicl:
a l
an 0; Diu
orry
-
if
1
-
2
-
If
1
2
Ib ta l 329 136 203 22 3 19
*»*•*£
i-Turcbcr of election petitions filed, disposedof, s t i l l pending in bhe High Courts andanneals p^rding in the Sirorerae Jourt -.Hleetions*k~ the legislative tesexilSlAes^Z-21i2~^''
(( 31.10.1978 ))
Name of State/ %Union Territory*
Election Petitions inthe High Courts
x F i l ed ' Disposed
Appeals in theSupreme Court
o f
1. 2 . 3.
1. Andh r a Pr ade sh
2.Assam
3.HLhar
J+.Earyana
5.HiKachal Pradesh
6.Jai3T.m & Kashmir
7.Karnataka
8.Kerala
9-Madhya Pradesh
10. Maharashtra
11 .l-fe.ghalaya
1?..^Tagalnnd
13. Orissa
1 -. Punjab
I5«^jasthan
21
9
31
7
5
19
7h
19
28
13
1
9
6
16
18
5
6
6
if
2
-
19
21
3
-
1r-'1
W
h
Pending j| Piled tDisposedof
I f .
16
h
25
1
1
17
7
10
1
8
1
2
2
1
6
6 .
Pending
3
2
1
1. 3. h, 5. 6 , 7.
12-r
13.
15.
16 .
Sikkim
Tamil Nadu
Uttar Pradesh
'/Jest Bengal
Andaman & NicobarIsa Islands
1
k
1
3
1
1
h.
~
2
1
•—
1
1
17. Laksh ad\*re ep
Total 35 30 5
h7
C H A P TJE R
3YE_~. ELECTIONS.
During the month of October, 1978,
no bye-election was held ei ther to the House
of People or to the Legislative iksseKbly.
At present there are six vacancies in
the Lok Sabha and sixteen vacancies in various
Legislative Assemblies. Action i n i t i a t ed for
holding bye-elections for f i l l ing these
vacancies has been indicated in Table
I and I I below i-
I' A B L E - I
LOK SABBA
aiae of State/faion Territory
Number of S. No. and Nawe of Date ofvacancies Constituency vacancy
Action taken
iindhra Pradesh
Bihar
31 - Se c un de r abaci32~Siddipet (SC)
17-Saffiastipur
Madhya Pr adesh
Karnatfeka
Fttar Pracesh
1
1
1
34-Khandwa
20-GhikHagalur
58-Fa ten pur
13.7.78 The rolls have been revised and- do - published on 6,11.78. Tfcje frograwrse for
holding the bye-election is under conside,2^.12.77 Ihe poll i s scheduled to be held on
26.11.78.
23.7.78 The revision of the rolls i s in progressIhe rol ls will be finally published'on16.12.1978.
29.6.78 Ihe poll has been held on ^11.78
2.3.78 The poll is scheduled for3.12.1978.
T A B L E • - I I
LEGISLAT! VE ASSEMBLIES
me o f S t a t e /ion terr i tory
No. ofVacancies
SI. No. and Narce ofConstituency
1. 2.
/sndhra Pradesh
Bihar
3-
!•-• r / m a
90-Nidumolu (SC)
227-Sattupalli
(2) 21If-S:jndosh
90-Narnaul
Date ofvacancy
Action taken.
i f .
2S.3.78 Ihe rolls have been revised andfinally published on 19.6.78, Iheprogramme for holding the bye-election i s under consideration.
22.7.78 Ihe rolls have been revised andfinally publi shed on 6.11.78. Iheprogramme for holding the bye-election i s under consideration
23-8.78 Brie revision of electoral roll isin progress and -will be finallypublished on 23-12.78.
26.7.78 Ihe pell i s scheduled tc be heldon 17.12.1978.
20.8.78 Ihe revision of EOIIS i s inprogress and will be finallypublished on 27.2.79.
2.
+. Kerala
« Madhyn Pradesh
. Rajas then
West Beng-al
Uttnr Pr-y^-
Delhi
h (-j) 105- Trir uvalla
(2) 2~Kasaragod
(3 ) 12- %llicherry
(If) 1M3- Bar a s sala
2 (1) 122-Chanpa
(2) 27^-Indcre-V
1
2
73.Hupbas (SG)
(2) ?38-Jaipur
255-Hari
15- Ashck JaH,~ar
26.9.78
IO.8.78
27,9*78
15*8-.78
23»7»78
:•::£.9-«78
28. .78
7.12.77
21.8.78
8.10.78
The revision of electoral rolls isin progress. The rolls will befinally published on 5.3*79.
The revision of electoral rolls is inprogress. The rolls will be finallypublished on 5«3.79«
The revision of electoral rolls in in"orogress. Ihe roll.s will be finallypublished on 5.3.79.
The revision of electoral rolls in inprogress. Ihe roll.s will be finallypublished on 5*3«79«
The revision of rolls is in progressThe rolls will be finally published on16.12-78.
The rolls will be finally published on3-3-1970.
Ihe poll i s schedule for 17.12.78.
The programme for holding these bye-elections i s under consideration.
In for nation fron? the Supreme Court i s
Progranne for revision of electorali s under consideration.
DocumentationMonthly
NOV. 1978
©
MiesvnrehElection Commission of india
C O N T E N T S
P A G E S
CHAPTER - I
Books and Art ic les 3 - 1C
CHAPTER - I I
Notes on Judicial Decisions 1 9 - 2 9
in Election Pet i t ions
CHAPTER - I I I
Notes on Disqualification of 30Members by the Commission.CHAPTER - IV - . -,£
Party Position inLegislat ive Assemblies
CHAPTER - V
Disposal of Election Pe t i t i -n s 3 6 - 3 9
( i ) Ick Sabha
( i i ) Legislative Assemblies
CHAPTER - VI
Etye-elections *+0 - 52
CHAPTER - VII
Kjo.-fcps OR the, (Mef- :Eg.e<gtoi\a| 5 3 - 6 3§ff ieers f 'GbEfereriBb Reid a$Ootacamund
CHAPTER - VIII 6*f - 67
Electoral Reforms - Views ofThe Chief Election Commissioner
CHAPTER - I X
Delimitation Under Scheduled C . . . . * . 60 - 69Castes and Scheduled Tribes Order(Anondment) Act, 1976.
Prasident's Rules in States and 7 0 - 7 3rnlr.n Territories.
Ihe Doeumentation i s intendecl to
acquaint the Officers -and Staff of the
Commission with the m$ew t i t l e s , and, in
some casess a hint as to the contents
thereof, received in the Library, deve-
lopments in the field of Electoral law
pnd procedure, progress of the disposal
of election petitions and judicial deci-
sions thereon. Commission !s decisions on
questions as to disqualification of mem-
bers to either House of Parliament or of
the State Legislatures, party position in
the Legislative ..sseiiiblies of the States
and the Union territories and bye-elections
to the House of the Jeople and Legislative
Assemblies. This issue also includes
notes on the CEO's conference held at
Sotacamund and Delimitation done under
Scheduled Castes and Scheduled Tribes
Orders (.Amendment) /ict, 1976.
5 J i A.JP.JL3_R..-_.. „!
B._O.JD...K..S. ...A^N...D.._ A -R_T_I C..L J
1. Akbar, M.J. Mrs. Gandhi, H.P.?
Sunday 5 Oct.29, 1978,pn, 10-16.
2 . Alperns David II. Fresh Faces of f78
Newsweek : Kov.28, 1978,pp. 1+3 _ if 7
3 . /inton7, A.K. Ihird Force to Counter <Janyta& Cong - I .
S l i t s i Nov.4-, 1978,P. 3 .
4-. Eh a t , Ibbaaraad Hew Trends in KashmirSul tan Po l i t i c s.
Caravan ; Nov. 1st 1978,DT). 25 - 2 6 .
5". Bhattacharyr, Her Fifth b o t t l e .
Sunday : Oct. 29, 1978,D. 23.
ElitK. Ee.ttle of the Bal lo t .
Blitz J I^ovAj 1978,pp. 1 2 - 1 3 .
7. HLitz From Chitear; to AligartA syabol & a
:olitz : Kov. 18, 1978,ID. 24-.
8 , ELit Jana ta has eore in CivicP o l l .
HLitz : iiov.--!-, 197&5r , n
9 . KLi t-2 i b r a r j i , the destroyer ;
ELitz ; iTov. if, 1°7r,6 '/. 1,6, '/
10. 3bbb5 Di& Others
The Pol i t ics of rtfP.irn.or
Inclio Obda- : I'ov. 1 -or). 28 - M..
11. Sose, Ajoy Akalis on the Warpath.
Sundae ". fTov. 19, 197?s
12, Jose, Aj EoT,j the Pol i t i ca l Partireac t .
Sunday '. Oct. 29, 19/S,D. 20 .
13. 3D'so 3 A.joy She Overcome ?
Sundae J l e v . 19, 1978,Pp. 1M- - 15.
Butler -Oavid &.0 •+-!-• p •,- o
3hov dovra J-br the 3h-h .
: I 'ov. - 6 , 197C,)--). 18 - 2 0 .
Jenes . Could ~"r^. Gandhi make aconeback ?
'The Guardian yfeeklyITov. 19, 1978, p . 7-
5
16. Ch and ran, The Ba t t l e ForBamosh
IWI J Nov. 5 - 1 1 ? 197£,p;o. 16 - 19 & 3 1 .
17. Cn an d r an 5 Th e Pre s s • At Ch i km a z " 1 u rBe mesh
IWI : Nov. 26, 19?PS•p-o. 29 - 3 3 .
18. Chakravar t ty , Towards 'Ihirr. F ron t .Hikhi l
Kiainstream : Nov. l!-, 197c,pp . 1 - 2 .
19. Chhabra, Karl P r e t o r i a ' s Intransi:;nceSharan Over Nan?ibia.
in : Nov. 25? 1978,pp.7 - 8.
20. Ghitta Ran3an, Congress Tracr;i -
Mainstream s Dec. 2, 197^ >pp. 1 - U-.
21 . Ghitta Ran j an, Inescapable Challenges.rt *".v
Mainstream ' Nov. 1E, i
IV Chittp ?ip,njan, Masses on the Move.
MainstreaK : Nov. 2s?, 1978,m . 1 - 3.
l o t the J3vd of the Road.
Mainstream : Nov. 11, 1978,pp. 1 - 2.
Ghikma.ealur Elec t ions .
6
2}+. Collins,Bosemary
Labour's Euro - poll dilenixa.
The Guardian Weekly JNov. 5, 1978,P. 5'
Gzekus, San dor;m.
The Great October Social is tGo mm unity and India, IbEbaylAllied, 1978.
GZE
26. Dean, John ( I I I ) ELind Ambition : The VJhiteBouse Years. New York,Pocket Hook, 1977.
920. kDSA
27. Dubashi, Jay Beginning of The End ?
India Today : Nov. 16- 30,1978, pp. 8 - ii+. .
CKikmagalur Bye - election
2 8 .
29 .
EasternEconomi
Gandhi,
s t
P.G.
Jol t for
EasternNov. 17,pp. 1 -
And Now
IWI. NovP. 35-
Janata.
Economist '•1978,
2.
a^nastipur.
•. 26, 1978,
30. Godse, Go pal HQW they hanged Gandhi'sk i l l e r .
Onlcoker J Nov. 16 - 30,1978,pp. 2h - 25*
7
31. Godman, Peter Ihe New Ti t le .
Newsweek : Nov. 20, 1978,pp. kO - V3.
Re. U.S. Elections.
32. Guardian Weekly Military Rule for Iran.
Guardian Weekly :
ITo.v. 12, 1978,
33• Guardian Weekly Mrs. Gandhi, unwelcome butinevi table .
The Guardian Weekly '• Nov. 191978, p. 1.
. Hudilkar, A.P. Chikmagulr holds the key.
Onlooker J Nov. 1 - 15, 1978,P« 31*
35. India, Cabineti
Glvil List of The Indian 3^0/idrainistrative Service (as on IND1st January 1978).New Delhi, Deptt. of PubliPersonnel ano MrainistrativeReforms, 1978.
36. Iyer, V.R. Krishna New Soviet Constitutionand Fumf?.n Rights.
ilainstre?.m : Nov. 18,1978,pp. 20 - 23.
37. Kamath, M.V. Is i t Time For A Third Party.
I'./I : Nov. 19,1978,PP. 32 - 33-
8
38. Kamath, K.V. The Pol i t ics of Hate :Janata' lvastake.
i:;i : Nov. 19,1978,pp. 32 - 33.
39. Karanjia, H.K. Can Janata Survive are-united Congress ?
ELitz : Nov. 18, 19/8,PP. 1 - 3*
Karan j i a , H.K, Has Janata scored a victoryby proxy ?
E l i t e . IJbv. h, 1978,pn. 1 - 3 .
Koshy, B.G The plugs that sparkedthe f i r e .
Onlooker : Fov. 1 - 1^,1978,p. 3 f.
/ka l i - Nirankari Conflict.
k2. Kumar, 3.N. ••'ft 11 Vengal Rao stage aComeback ?
Sunday : Nov. 5, 1978.
!+3. Kundu, Gautam RSS ; .,-. Cultural Organisation?
Sunday : Sov. 55 1978,pp. 25 - 27.
)L)+, Kundu, Gautam HSS's Muslim Counterpart.
Sunday : Nov. 5, 1978,-0. 2 0 .
9
N. Maharashtra Poli t ics $Calm after the
Garvan : Nov. 2nd,pp. 15 - 18.
k6, Lewis, James Bye-election cheer forLa bo u r.
Ihe Guardian Weekly 1Nov. 5, 1°78,• 0 . ^ .
. Lewis, James Jim saiIs through vote .
The Guardim VfeekD.v '.Nov. 19, 1978,p. ^ .
f Liraaye, lladhrj India 's China Policy.
IV/I : Hov. 12, 1978,•0-0. "6 - 1 0 .
if 9. Link A orucia.1. oeesion.
Link : Nov. 19, 1978,p . 10.
50. Link .Anxiety In Char an Sin",hBel t .
Link {. Nov. 26, 1978,pp. 12 - 1>4.
-DO-. Chikmag^lur /«nd After.
Link : Nov. 12, 19/8,PP. 7 - 9 .
52. Link
10
Con g r e s s j In e Gr a vestLest.Link : Dec. ., 197&,PP. 13 - 15.
53. Link Jana ta ' s R3S Tangle.
Link : Deeer?"ber3 ^pp. 17 - 1B.
Link Opportunities BeforeParliament.
Link : Hov. 19, 1978,•or). 8 - 9 .
55. Link Orissa - Farmers' No ToJanata.
Link ,: Nov. 26, 1978,pp. 18 - if.
56. Li nk SaEastipur Poll Surprise .
Link : Dec. 3, 1978,V"P' 9 - 1 2 .
57. Link Samastipur Prospects.
Link J Nov. 26, 197c,V'^' 15 - 16.
Link Talks Of ' S p l i t s ' And. Of'Uni ty ' .
Link : Nov. 26, 1978,pp. 8 - 11.
11
59• Link Ine Mizoram :-aze.
Link s Nov. 19, 19/8 ,Pp. 33 - 3}+«
6 0 . Link The Factor.
Link : Nov. 19, 1978,v-o. ^ - ? 6 .
1. Link Uttar Pradesh :A Divided Cr bine t .
Link : Nov. 26, 1978,pp. 16 - 17.
62. Link Zis. tlhcler Pressure.
Link : Nov. 26, 197B,p. 27-
63. Marks,Laurence
Elections leave ar terwith new problems.
Observer : Nov. 12, 1978,•D. 10.
6h. Mayall, James Ih re :i t s to d e mo c r ?. c y '.Reflections on tho f i r s tIndo- Bri t ish e xchange.
Bound Table : April 1978,pp. 112 - 119.
55 . : . . D . It's a c t u ?. 11 y Geo r £ e versusIndira.
Onlooker : Nov. 1-15,1978,pp. 17 - 18.
12
66. Mehta> Vinod Soviet Economic Develop-ment and Structure.New Delhi,Sterling, 1978.
330.9^7
67. Mitra, Nirmal Poll fever.
Sunday i Oct. 29,1978,P. 21.
68. Mohan Deep Dali t Panthers i Theyh. ve reached nowhere.
Caravan : Nov. 2nd, 1978,PP • *+3 - 6 •
. Nene, Damodar,V. Congressmen : Whfch "vfey.
Caravan : Nov. 1st, 1978,PP. 27 - 33.
70. New Statesman why James Callaghan Wantsto keep Cabinet Committeessecre t .
Hew Statesman J Nov. 10,1978,pp. 609 - 610.
71. Noorani, A.G, Janata - The Way I t was Born.
IWI J Nov. 26, 1978,19 - 23.
72. Noorani, A.G. Ihe real story behind theKashmir Cr is i s .
Sunday i Nov. 12,1978,PP. 39 - *+5.
13
73. Onlooker Her Last Battle ?
Onlooker $ Nov. 1 - 15", 1978,pp. 1*+ - 1;?.
Onlooker Indira V. Lns, What now ?
Onlooker '• Nov. 16 - ^01978, p. 1k.
75. Onlooker
76. Pa t i l , Vee rend ra
Nathuram Goflse 1 Why Ishot Gandhi.
Onlooker : Mov.16 - "5.0,1978, pp. 27 - 28.
Pa t i l : ' I have not l o s t ane l ec t ion ' .
Sunday : Oct.29,1978,pp. 27 - 28.
77- Puri, Ra.jinder Jagjivan res i s t s Charan'sre-entry.
HLitz ; Nov. 18,1978,?. 11..
78« Raghavan, A. Indi ra forccs Janata' srealignment.
HLitz, : Nov. 18,1078,p. 11.
79. Rao, R. Rama Iranian Quicksands.
Link ? Nov, 26, 1978,pp. 25 - 26,
80. Sathyamurthy,T.V.
Role of China inInternational Re-la t ions .
Eco. & Pol. WeeklyNov. 11, 1978,pp. 1851 - 58.
81 . Sethana, Arni The Image of Ihe Janata,
IWI. : Nov.19, 1978,pp. 18 - 23.
82. Sharma, Narendra Some Eeat and Li t t leLi gh t .
Mainstream I Nov. 2?, 1978,pp . h - $ £
63. Lilvera, D.M« Badal wins f i r s t r^und,VJhat next ?
Onlooker * Nov. 1 - 1?t
pp. 20 - 23.
8l+, Smith, Cblin fr.ees toughest t ex t .
Observer : Nov. 12, 1978,P. 13.
85-. Singh, Uttamjeet Framing a New Constitution.
86-. Stephens, Robert
Surya : Nov.1978,pp. 12 - 13.
Vfest faces growing sp l i twith Arabs.
Observer » Nov.. 12, 1978,p.-10.
15
87. Strehler,Giorgio
The Socialists know whatthey don't want.
The Guardian V/eekly :Nov. 19, 1978,P 13,
Elections to the EuropeanParliament.
88. Sundar Rajan, R. Indira Gandhi's returnfrom the wilderness.
New Statesmen : Nov. 3, 1978,?V- 576 - 578.
89. Sunday Idi and CIA.
Sunday s Ncv. 26, 1978,pp. 22 - 23.
90. Sunday The /iligarh r i o t s .
Sundav : Ihv. 5, 1978,po. 21 - 23.
91 . Sunday The Janata ' s Turk am an Gate.
Sunday : Nov. 5> 1978,pp. 1+.1. _. !5
92. Suri, Kamala Full Employment - A PromiseTo Be Broken ?
IWI : Nov. 19, 1978,pp. 6 - 9'
93* Surya Eimachal Pradesh :Scandal Point i AtrocitiesI*g ai n s t Ea r 1 j an s .
Surya : N-v. 1978,PP. 36 - 39•
9k. Surya Indira Gandhi's LondonVisit :Rack On Top ?
Surya J Dec, 1978,pp. 26 - 35.
95. Time *il Vote for Democracy(Spain)•Time i Nov. 13, 1978,p . , -13*
96. Time Jnothor Cris is for thoShah.
Tirae t !Tov. 13, 1978,pp. 6 - 7.
97. Time China - Iho Great LeapOut ward.
Time 1 Nov. 27, 1978,yo. 8 - 20.
98. Time Iran - The Mil i tary Isin Charge.
Time J Nov. 27j 1978,pp. 21 - 22.
99, - rime United States - Disco Beatin 1978 P o l i t i c s ,
G '\ NCF. 27, 19>8,PP. 31 - 32.
17
100. Ihapar, Romesh India and China
Eco. & Pol, V.'aekly :Oct. 28, 1978,pp. 1787.
101. Ihapar, Romesh New P o l i t i c a l Pointers
Eco. & I b ; . Weekly :Nov. 11, 1978,P. 183^.
102. Ihaper, Romesh Wai t in g fo r In t e l l gen tDirect ion.
Sco. & Pol. Vfeeklv JNov. 18, 1978,p . 187*+.
103. U r s , Devraj Urs, 'Mrs. Gandhi wi l l win.
Sunday s Oct. ?9, 1078,pp. 28 - 30.
Venkat Narayan, Will Indira Unseat Morarji ?S.
Onlooker J Nov. 16 - 30,19^8,P- 17.
"05, Varma, Kewal War Against RSS,
Sunday J Nov. 5, 1978,pp. 16 - 19.
18
106. Verma, Vivek "Sharad Pawar ExecutedChavan's Pirn" saysN.K* Tirpude.
Caravan : Nov.(2nd), 1978-PP. 19-21.-An interview.
107. Wbollacott, Shah i Scapegoat for Iran ?Martin
Ihe Guardian Weekly i ?-,bv.26}1978, i*9.
108. Wbollacott, Shah urgently seeking pact \<rithMartin opposi t ion.
The Guardian Weekly i Nov. 19>1978, p . 6 .
- 19 -
C H A P...T.E R - I I
NOTES ON JUDICIAL -DECISIONS IKELECTION __PETI TIONS.
During the month under review,
decisions in eight election pe t i t ions given
by the various High Courts were received in
the Commission. Of these, one pet i t ion each
from Bihar and Himachal Pradesh and five from
Uttar Pradesh aris ing out of the Assembly
electionSj June 1977 were dismissed. One
pet i t ion from Uttar Pradesh aris ing out of
the Assembly e lect ion, June, 1977 was allowed
by the High Court.
~ 20 -
ELECTION PETITION ITO. 17 OF 197? - 3IKAR
Abh a ya ch ar an Lai
vs .
Chandra Mavleshwar Singh
In t h i s pe t i t i on , Abhayacharan Lai, a
defeated candidate challenged the e lect ion of
Chandra Mavleshwar Singh to the Bihar
Legislat ive Assembly, June 1977 from 1^6 —
Sarath Assembly Constituency. The Election
was challenged on the ground, tha t the
Respondent had committed corrupt p rac t i ces of
undue influence and in c i ted caste fee l ings
among the Voters as specified under Section
123(2) and (3) of the Representation of the
People Act, 195*1 • I t was also alleged t h a t
Chandra Mavleshwar Singh was d i squa l i f i ed
under Act 1 ? i ( i ) ( a ) of the Consti tut ion, from
becoming the member of the Legislat ive Assembly
as he was a t the mater ial time an Assistant
Government Pleader at Deoghar and as such he
was holding an office of p rof i t under the State
Government.
- 21 ~
The Court after examing the evidences
before i t , held that the charges of corrupt
practices mentioned above were not proved and
therefore, dismissed the petition. As regards
the allegation relating to the holding of an
office of profit, the Court held that the
respondent's position was not an office of
profit' within the meaning of the article
191(1) (a) of the Constitution even though
he was receiving fee, Ihe Court after
examing the definaticn of "Office of profit"
by various authorities has held that each case
has to be decided on i t s own facts and merits
and in this case i t was held that Chr.ndra
Mavleshwar Singh was not holding the office
of profit.
- 22 ~
ELECTION PETITION NO.2 CF ,19.77- ffl^ACEAL _PRADB3T
JAGAT SINGH NEGI
VS.
THAKUR GUMAN SINGH AND OTHERS
In this petition, Jagat Singh Negi, a
defeated candidate, called in question the
election of Thakur Guraan Singh to the Fircachal
Pradesh Legislative Assembly, 1977 from
17~Shilai Assembly Constituency. Tne election
was mainly challenged on the ground that the
respondent had procured the assistance of
Government servants in furtherance of his
election prospects thereby violating the ±k
Provisions U , sub-section (7) of Section
123 of the Representation of the People Act,
195"1» Ihe petitioner also alleged that there
had been il legality and irregularity in the
counting of votes and on that ground he
demanded the recount of votes.
After hearing the arguments and
examining the evidences, the High Court decided al l
the issues against the petitioner and dismissed
the petition with costs.
- 23 -
ELECTION PETITION No. 19 OF 1977 -UTTAR PRADESH
Bijendra Singh
Vs.
Sultan Singh & o the r s .
In t h i s p e t i t i o n , BLjendra Singh, a
defeated candidate ca l led in question the
elec t ion of Sultan Singh to the Uttar Pradesh
Legis la t ive Assembly, 1977 from 29-Bahjoi
Assembly Constituency on the follc-wing grounds
(i) that the respondent No.2 and his
agents exercised undue influence
in the free exercise of electoral
rights of the voters, and hired and
procured vehicles for providing free
conveyance to the electors to and
fron polling stations, thereby
conraltting corrupt practices as
defined in sub-sections (2) and (5)
of Section 123 of the Representation
.a£ the People Act, 1951.
(ii) that the result of the election
in so far as i t pertained t^ the
returned candidate had been
materially affected by the
inprcper reception and rejection
of votes by the Returning Officer ;
and
(i i i ) that the respondent No.1 incurred
an expenditure in contravention
of the provisions of Section 77
of the Act and thereby connitted
corrupt practice as defined in
Section 123(6) cf the Representation
of People Act,
After careful consideration of the
evudebces before i t the High Court decided all the
issues in the negative and dismissed the petition
with costs.
ELECJTION PETITION NO. 7 OF 1977-UTTAR _PR.'>Dggi
Rajendra Prasacl Gupta
Vs.
Pradeep Kumar Stijaj
In t h i s p e t i t i o n , Rajendra Prasad Gupta,
a defeated candidate, cal led in question the
elect ion of Pradeep Kumar Sg aj , to the Uttar
Pradesh Legislat ive Assembly, 1977 from
202 - Rudrapur Assembly Constituency on the
ground tha t the returned candidate was l e s s
than 2^ years of age at the time of f i l l i n g
of h i s nomination paper, and as such was not
qual i f ied to be elected as a member to the
Uttar Pradesh VLdhan Sabha.
Toe Court af ter examining the various
b i r th c e r t i f i c a t e s produced by both the pa r t i e s
held tha t a t the time of f i l i ng h i s nomination
paper the respondent was below 25 years of age
and therefore , held the elect ion of Shri Bajaj,
the returned candidate void under Section 100 ( i ) (a)
of the Representation of the People Act,
- 26 -
ELECTION PETITION NO .2JfUTTAR PRADESH
.'.nwar
Ys.
Anwar Ahmed & others
Arawar Jamil, a defeated candidate,
challenged the election of .inwar *«hHed, to
the Uttar Pradesh Legislative Assembly, 19/7
from 311-Karoalganj Assembly Ccnstituency on
the grounds that the respondent No. 1 had
exercised undue influence as defined in
section 123(2) of the R.P.. Act, 19?1» and
had.hired;or procured vehicles on the date of
poll for free conveyance of voters as defined
in section 123(5") of the said Act.
The issues framed by the Court to enquire
into the above allegations and to. establish
whether the resul t of the election, in so far
as i t concerns the respondent Anwar Ahmed had
been Materially affected by the said corrupt
pract ices, have been decided against the
pet i t ioner . Tne peti t ion was dismissed with
oo s t s .
- 27 -
Prii'ITION NO,32 OF 1977UTIAR
Pyarelal
Vs.
Kajendra Ghoudhary & others.
Pyarelal, a defeated candidate, challenged the
election of Rajendra Ghoudhary, to the Uttar Pradesh
Legislative Assembly, 1977 from 388-Ghaziabad Assembly
Constituency on the grounds that the respondent No.l
with the help of his supporters had exercised undue
influence on weaker sections of society as defined
in under section 123(2) of the Representation of the
People Act, 1951 and forcibly snatched the ballot
papers and marked them in his favour. The election
was also challenged on the ground that there was
improper reception and rejection of votes vi t ia t ing
the counting procedure laid down under the provisions
of the said Act and of the rules made thereunder.
After examining the issues, the High Court
dismissed the pet i t ion with costs.
- 28 -
ELECTION PETITION NO.26 OF 1977UTTAB
Shariat Ullah
Vs.
Shafiqur Rehman Barg.
In this petition, Shariat Ullah, a defeated
candidate, challenged the election of Shafiqur Kehman
Barq, to the Uttar Pradesh Legislative Assembly, 1977
from 28-Sambhal Assembly Constituency on the grounds of
improper reception and rejection of votes by the
Returning Officer. The petitioner also filed a separate
application alleging irregularities and illegalities
committed at the time of counting of votes and demanded
inspection of valid and invalid ballot papers cast in tha
election." The said application was rejected by the Cour
for lack of sufficient evidence.
The issues framed by the Court in order to
enquire into the above allegations and to establish whet1
the result of the election, in so far as i t concerns the
respondent has been materially affected by the said
improperities, have been decided against the petitioner
and in favour of the respondent, dismissing the petition
with costs.
'IT
- 29 -
P^flllON NO,1 OF 1977UTTAR
Abdul Baqui
Vs.
Rarnji Singh & Others*
Abdul Baqui, a defeated candidate , challonr* ,d
the e l e c t i o n of Ramji Singh, to the Ut tar Pradesh
L e g i s l a t i v e Assembly from 220-Mau Assembly Gonstituoacy
on the grounds of i r r e g u l a r i t i e s committed i n counting,
improper rejection of votes, collusion of counting staff
with respondent No,l and undue influence brought to
bear upon the counting staff fey the presence of
important personalities at the counting centre.
The High Court after examining the evidenc::
before i t , decided all the issue against the petition
and dismissed the petition.
- 30 -
CHAPTER - I I I
OF DISQUALIFICATIONS
During the month under review, no p e t i t i o n for the
removal or reduction of the period of d i squa l i f i ca t ion
for membership of the Parliament or a State Legis la ture
was decided by the Elect ion Gommission.
A reference has been made to the Elect ion
Gommission by the President of India i n terms of a r t i c l e
192(1) (a) and 192(2) read with a r t i c l e 191(1) (a) of the
Const i tu t ion on the question whether Shri Damodaran
Kalasse r i , M.L.A., (now a Minis ter i n Kerala) has become
subject to a d i squa l i f i ca t ion for being a member of the
Legis la t ive Assembly of the Sta te of Kerala on the ground
that he i s holding an office of p ro f i t by v i r tue of his
office as Chairman of the Kerala S ta te Development
Corporation for Scheduled Gastes and Scheduled Tribes Ltd.
The question before the President was ra ised by Shrimati
Sumathy Chellappan and Shri K.K. Krishnan, both from
Trivandrum.
The Commission heard the pa r t i e s a t Trivandrum
on 2 November, 1978, i n support of t h e i r r i v a l contentions
The fur ther hearing i n this case i s scheduled to be held
on 30 December, 1978 a t New Delhi .
- 31 -
CHAPTER -IV
PARTY POSITION IN STATES/UNION' T;fltitirOhl£SASSMBLIx S
The party posi t ion as on 1-11-1978 differs from
that on 1-10-1978 In the following respects s-
In -Assam, the strength of Congress (I) increased
by one as the Supreme Gourt stayed the Order of the rlirh
Court voiding the elect ion of one of Congress (I) msmb• r 3
In Bihar, the strength of GPI was reduced by one
due to the death of one of i t s members. One Congress
member defected to Gongress (I) rais ing I t s strength from
43 to 44 and consequently reducing the strength of Gongress
from 13 to 12.
In Kerala, the demise of one member each belonging
to Kerala Gongress, Muslim League and PSP reduced the i r
respect ive strengths by one each. The Congress suffered
a set ba©k when one of i t s member joined Gongress (I)
rais ing the lattetfs strength by one and correspondingly
reducing the strength of the former.
The strength of Gongress (I) rose to l l from 2 i n
Manipur, when one independent and 8 Janata members joined
it.
One independent member expired in Delhi Metro-
politan Council rendering thpt seat vacant.
State/UnionTerritory
1 .
32 tPARTY POSIT ICN IFf THU t T/V./E/UNiai TERRITORIES ASSEMBLIES
( 1 . 1 1 . 1 9 7 8 )
?ot~l Janata Congress Congress C.P»Istrength (i)
C.P.M. ©thers
"57" T.@
T7"
Independent
Vacant
~9T TOT
1, Andhra Pradesh
2, ^s sam
3. Bihar
4. Gujarat
5« Haryana
6«- Himachal Pr
7. Jammu & Kashmir
tf. Karnatalca
9» Kerala
10, Jfedhya Pradesh
1 1 , Mahar a sh t r a
12 .1 iVfcinipur
1 3 . JMeghalaya
14, iJagaland
294
126
324
182
90
68
76
224
140
3 2©
283
60
60
60
54
60
215
108
78
54
12
59
9
2 29
99
44
212
8
44
56
3
-
7
152
19
58
52
11
8
24
12
8
1
9
2
1
2©
21
29
17
. 6
6
20
3
23
1
4
7
11
4
17
3
8
17
4
5
52
-3
48
9C
38
55
2
9
10
6
2
5
3
7
10
8
1
5
5
4
•2
1 5 .
1 6 .
1 7 .
18.-
I 9 *
2 0 .
2 1 .
2 2 ,
23.,
2 4 .
2 5 .
2 6 .
2 7 .
1 .
Orissa
Punjab
Rajasthan
Sikkim
Tamil Nadu
Tripura
Uttar Pradesh
West Bengal
Arunachal Pradesh
Delhi **
Goa, Daman & Diu
Mizoram * * *
Pondi cherry ****
Total 3
2 .
14 7
117
200
32
234
6 *
4 2 5
294
30
56
30
30
30
,997
3 .
116
25
148 *"^
26
8
354 ^
29
21
44
3
-
r 6
1,801
4 .
20
15
25
_
-
- y43 '
11
-
10
—
-
1
74 7
5 .
6
2
16
~
27
—
7
9
—
1
1°—
• 1
231
6 .
1
7
1
-
5
—
9
2
—
-
-
1
89
7 .
1
8
1
-
12
51
1
172
-
-
-
-
1
300
8 .
_
58
4
-
181
7-
-
60
8
—
15
28
18
701
9 .
3
2
4
6
1
2
1O
4
1
~
2
2
2
112
10
—
1
—
—
-
1
2
~
1
-
-
16
(3 Latest Party Position not received.* Excluding 24 seats in Pakistan occupied territory.** Delhi Metropolitan Council.*** * The assembly has been dissolved w.e.f. 12 November/ 1978.
Jt>ic** The assembly has been dissolved w.e.f. 11 November, 1978,
Other Parties include
1. Andhr" Pradesh
2 * As sam
3. Bihar
4. Gujarat
5• Haryana
6. Jamrnu & Kashmir
7. Karnataka
8. Kerala
9* Maharashtra
Mejillis Ittehad - ul - Muslirnmen 3.
Plains Tribals Council of Assam 4y Revolutionary Communist Party of India 4*
Forward Bloc 1, United Opposition Front 8y All India Jharkand 1*Lok Paksha Vidhayak Dal. 7.
Croup of 4 M.L-As. of original Congress but not joined in any of the twopresent Congress Parties.
Vidhal Haryana Party 5.
National Conference 51, Jamat Island 1,
Muslim League 1, Republican Party of India 1.
karala Congress 19, Revolutionary Socialist Party of India 9,rational Democratic Party 4, Muslim League 11, Muslim League(Opposition) 3, P.S-P. 2.
Peasants and Workers Party 13, Republican Party of India (Kamble) 3,All Inria Muslim League 2t Forward Bloc 14, Republican Party (Khobragade) 2tMaharashtra Purogami Vidhi Mandal Congress Paksha 36, Purogami VidhiMandal Congress Paksha - Independent — 5, Maharashtra Samajwadi Congress 2,Lok Shahi Congress Group 9, Nag Vidarbha Andolan Samiti 2, RPI (Gavai) 2,
10. Meghalaya All PJ rty Hill Leaders Conference 20, Hill State People Democratic Barty 15,Pullie Demands Implementation Convention 2, Jaintia National Union 1.
11. Nagaland Unit.. c: Democratic Front 39, National Convention of Nagaland 1, NPCC 15*
12. Punjab Shiror.-ani /Jcali Dal 58.
13. Rajastaan Progressive Party 4.
14,, Tamil Nadu iklDMK. 126, DMK 47, Indian National Forward Bloc 2, Tamil Nadu ProgressiveToiler s Party 2, Forward Bloc 1, Muslim League 1/ Gandhi Kamraj NationalCor ire. ss 2.
15* Tripura RSJ? 2, Forward Bloc 1, Tripura Upjati Juva samity 4.
16, West Bangal Forward Bloc 26, R§P 20, Revolutionary Communist Party of India 3# ForwardBloc (Karxist) 3, Biplabi Bang la Congress 1/ Socialist Unity Centre 4,T l i League 1, Congress for Democracy 1, CPI (Marxist Leninist) 1.
17. Ar unachal Pradesh People's Party of Arunachal Pradesh 8.
18. Goa, Daman & Diu llaharashtrawadi Gomantak 15.
19. Mzoram People's Conference. 23, Mizoram Congress Party 4 MLzoram Janata
20. Pondi cherry AI MK 17, DMC 3 .
G E A P T S R
DISPOSAL OF ELECTION PETITIONS
T A B L E - I
Total number of election pet i t ions f i led,disposed of, s t i l l pending in the Hi^hCourts and appeals penoint* in the SupremeCourt - Lok Sabha -lectionsj ' larchj 1977.
ccc 30.11.1978
• - — . - - - - - - — " - r
Name of State/ 5 Election Petitions i!Union Territory x . .in the..Ki eh_ Courts, B
I Piled F'Disposed'F Pending !S 5o f
1•Andh ra Prad o sh
2.Assam
3. Bihar
k.Gujarat
^ . Jama u & Ka shai r
6.Karnataka
7.Kerala
8.Madhya Pradesh
10. Punjab
11.Rfijasthan
. . - • — . .1. t l fr IIIK.T—--3
2
1
1
2
2
1
1
3
2
5
2
58
Appeals in theSurar erne Co ur t
l e d l Di spo sed 2 Pendii5 of 0
2
1
37
2. ' 3- ^ . • 5. 6» 7.
12. Sikkini
13«Tamil Nadu
i^f.Uttar Pradesh
i5«''fest Bengal
16.Andaman & NicobarI s l ands
1
h
1
3
1
1
k
-
2
1
_ _
1
1 —•
- _
17.Lakshadweep
Total 35 30 5 7
L E - I I
Number of election petitions filed,disposed of, s t i ^ penciin£ in theEi5;h Courts and appeals pending inthe Supreme Court - Elections to theLegislative Assemblies 1977- 78.
((( 30-11.1978 )))
Name of State/ 5Union territory 5
1./»ndhra Pradesh
2.Assam
3. Bihar
Election Petitions in 5the High Courts 8T n- „ • • — * L _ - . . i — m r r • • - , - p i . . i . ..-if..-.. - . iV
Appeals in theSupreme Court
Filecil Disposed \ Pending \ Filed I Di spo sed * Pen din* r^'-F f ' S I K nf* ^n O T v v V O I *
21
9
31
7
5".Himachal Pradesh 5
6.Jamrcu & Ka.shmir 19
19
28
13
1
9
6
16
8.Kerala
9.Madhya Pradesh
lO.Kahar-ishtra
11.Meghalaya
i2.Nagc.land
13.0rissa
1 V.Punjab
16
6
3
1
19
21
3
1
2
6
19
1
1
16
73
7
10
7
1
1
1
1
6
2
1
1
1
1
3
3
1
1
5
39
1.
15*Raj asthan
16. Tamil Nadu
17.Tripura
i8 ,U t t a r Pradesh
19,West Benv?nl
UNION TERRITORIES
1 .ArunachalPradesh
2.Delhi
3.Coa,Dainan & Diu
2.
18
8
-
37
1
-
k
1
3-
8
21 16 5
1
6.
. Pondicherry 2
Total 329 186 31 27
1 i
QJLJ&.Z. JL. JOL&__ .
During the month of November, 1978, two
bye-elections to the House of the People wore
held.
The bye-electicn fr^ra 20~Chikn?agalur
Parliamentary Constituency (Kp.rnn.trka) was caused
by the resignation on 29 June, 1978, of the si t t ing
member D-3.Chandra Gowda who had been elected
in the l a s t General JULecticn, March, 1977 on the
Indian National Congress t icket . The Election
Cc. emission fixed the following poll-progranne for
the bye-electicn '•-
1. Issue of Notification 6 October. 1978,(Friday)'
2. Last date for making 13 October,1978,nominations (Friday)
3. Date of scrutiny of 1k October, 1978nomination s. (.Saturday)
k. Last dote for the with- 16 October, 1978draw^l of candidatures. (Monday)
5. The r;ate on which a poll 5 November, 1978shall, i f necessary be (Sunday)taken „
6O Date before which the 8 November, 1978election shall be completed (V/ednesday)
As many as ^7 persons filed their
nominations* Out of this, 5 were rejected
and 1** candidates withdrew their candidature.
Although! twenty eight candidates, a record
number, were in the field, the main contest, was
between the Congress (i)candidate Indira Nehru . ".
Gandhi and the Janata Candidate Veerendra £at i l .
Best of the candidates were independent. The
bye-election drew world-wide interest as the for-
mer Prime Minister Mrs. Gandhi was one of the
contesting candidates.
Having regard to, the significance of the
bye-election and the heat i t had generated inside
and outside the consittuency, the SLection Commi-
ssion appointed eight observers for the poll. In
addition to this, the Deputy Election Cbmnrissionerj
;..K- Srinivasmurthy and the Under Secretary of the
Commission K. Ganesan were personally deputed as
observers, who were directed to be present at the
counting also.
Ihe election campaign was by and large peace-
ful except some stray incidents, one in which a
college girl , Miss Gayatri was killed. &i official
enquiry into the cause of death in this csse i s now
in progress. There were also allegations and
counter allegations "by the nain par t ies . Two
battalions of CRP were deployed in Chikraagalur
to maintain law and order and ass i s t the local
police force.
The poll went off peacefully". Out of a
to ta l 5,95,393 electors, ^,53,^^5 electors cast
their ballot in the bye-election. Of these h^h?,
khS were valid votes and the remaining 5,917 were t
the rejected votes. Tne total number of tendered
votes in the bye-election was 180. Tne table
below gives a comparative account of the perfor-
mance of the candidates in the General Election,
1977 and thcj bye-lelection, 1978.
T A B L E
General ^Lections 1977SI.No.- Candidate Votes
Iblledsi.No/
Bye-election 1978Candidate
O~Chikn?p.galur
1. D.B.Chandra Gowda 208,238(INC)
2. B.L.Subbararna (ELD) 1^3,671
If. K.;.rmugara (Ind)
VotesPolled
1. K.M.Afckanma (IND) 161
2. ,'innaiah (Ind) 3,?76
3 . ,».ELteraesh M.M.Rein 1,571(Ind)
738
5. Indira Nehru Gandhi2A9,376(Cong. I )
1. 2.
6. ;«ilsin^h?.ni Eh-p wan 15*.*o0Sinsh Kadhav 3 i n r h
(Ind)
7. Prof. Knrun Nidhan Boy 530(Ind)
8. Khr.n Hydor ^ i Khan (Ind)
9. Ccppla Christna YLeynee (Ind) 686
10. G. V. Gopinath (Ind) 892
11. Char an Vil-S DlgaKbar (ind )
12. 7.D.K. Di,-s (Ind)
13. G.I. D'souza (Ind) 1,
1^. Karthar Singh Tbatee (ind) 337
15.P.N. Terah (Ind) 319
16. Bas-varddhya (Ind) 3S237
17. B.P. Dixit (Ind) 1,15^
18. Cliahadevasx^aEj (Ind) 3M+
19 . M.K. Ja in ( I n d ) 2,09^
20. 2'Iuni swani (In d) 1, 166
21. D.«. Varadha Desikan (Ind) 698
22. V.T.3. Veora-oDn Gc jnder 810
(Ind)
23. S.R. Voerabhadrpppa (Ind) 850
2[f. Vee r an dr a Pa t i l (Jan at a) 1,7 2,0 3
25. •Shiv^nna (Ind) 885
26. K.V.SubrnnanGa,swacy(Ind) 233
27. -T.H. Jfinurraiah (ind) 735
28. Ranga,swanj;- (Ind) hkk-
Indira Uehru Qindhi vras declared elected by a
margin of .77,333 votes over his nenrest Janata rival Veeren^ra
Patil .
Seme of the peculiar features of this bye-election
were : -
(i) Ihe ballot paper was of the size of 23i'\ with
the result extra ballot boxes over and above the normal require-
ment were provided. The names of candidates and the symbols
assigned to then! were printed in two columns of the ballot paper
with 1k names & their symbols on one side and other 1*+ names
and their symbols on the other side.
( i i ) The table placed inside the screened votingwith
compartment in e?,ch polling station was to be chosen /an eye on
leng size of the ballot paper so as tc enable the voters to
place the ballet P'per on the table properly and then mark their
voting irark.
( i l l ) In spite of the baffling size of tbe ballot paper
the percentage of rejection was only about 1.31$ which should
be considered remrrkable with reference to a constituency :.-jti
which falls mostly in rural arens.
(iv) Special kind - long pigeon holes were provided
at the C' anting places to take in the long size ballot papers
in sufficient numbers. The number of drums used for mixing
bundle of ballot papers were also more.
(v) Because of the long size of the b- l lo t papers,
the counting lasted": for ab'ut 2h hours i . e . from £ d.^»
on 7 November 1978 to 8 a.vj. on 8 Reve^ber, 197C
In Bihar, the bye-election fron? i7«SaKrstinur
Parlia-Kentpry Constituency was hold tc f i l l the v-.c-ncy caused
by the resignation on 2k. 12.1977 of the s i t t ing Janata Party
Eenrber Karpo'ori IhpJkur. The bye-election was helcl according
to the following pell schedule J-
1. Dpte of issue of the 23.10.1978no t i fi c"j. tion (ivbnclay)
2. Last date f-r making 30.10.1978n -rin^ti-'-ns (Mr.nclay)
3. Date for tho scrutiny 1.11.1978of n'-n>inati-ns. (Vfe nesdn
f. Last date for the withdrawal 3.11.1978of candidatures. (Friday)
5. Ihe cate on which a poll, 26.11.1978i f necessary, be taken. (Sunday)
6. The date before which the ele- l+. 12.1978cti n shall be ccmpleted. (bbnday)
i'ws aany as 37 per sens filed their nominations. Out
c f which 3 nc.Eination papers wore rejected and 11 candidates
withdrew their candidature. £Lthough the total number of the
contesting candidates were twenty throe, the rcain contest was
between the Janata Party candidate Ajit Kuraar liehta nnd the
Congress (I) candidate d^arkeshvari Sinha.
As in the case of Ghikmagalur Parliamentary bye-
election, at this bye-electicn also, a lo t of heat had been
generated. • There was great tension prevailing on the eve
of the poll and en the day of poll. There were allegations and
counter allegations made by the main contesting parties regard-
ing booth capturing, voters being prevented from voting etc .
I t was reported that number of arrests had been affected tr^
maintain law and order among whom i t seeras a Minister of the
State of Bihar was also one.
The final result was as under J-
Out of the total electorates of 7,37,377, only 5,1^,309
voters exercised their franchise. However, the total number of
valid votes were 5)06,1+15 only, tUe regaining 37}89!+ votes v?r.
invalid. The tcble below, gives the comparative account of +>
General Election 1977 and the bye-election, 1978 in respect of
17-Samastipur parliamentary constituency.
T A B L E
General Election, 1977 Bye-election 1978Name of the Candi- Votes SL. Name of the Votesdate BxLled No. Candidates Polled.
i ' Taakur(BLD) *+01,935" 1» Azizur Rahman (Ind)
a Prasad Mandal 7^,501 2. Ajit Kum-r Mehta 2,^3(INC) (Janata)
Nand Singh Mr.dan 29.028 3. Asharfi Yadav (Ind) 669(CPll
ireshwar Pras?d Singh 8, 1 + k, Upendra Poddar (Ind) 739(Ind)
1. 2.
5L. Ura^hp.r Singh (Ind) 18,686
6. Krishna Kumar Sharma (Ind) 3,0^0
7» Chandra Shekhar PrasadVerrca (INC) 5,39>+
8. Jagdlsh Chander Purbey(Ind) 2,301
9. Tarkeshwari Sinfea 2,16,690(Gong-I)
10. Devendra Pandy Clnd) 9?V
11.
12.
13.
1k.
15.
16.
17..
18..
19.
20.
2 1 .
22 .
23.
Nazir Mian (ind)
Bachchu Lai Azad(Ind)
Hi ad h an Ram (Ind)
Ehagwan Prnsad Singh (Ind)
Qnikhan IheJcur (Ind)
Ehola Chcudhary (Ind)
Biela Nath Chcudhary (Ind)
Mahssh Singh (Ind)
Mansan Insan (Ind)
Rnwjaplt Hai (Inn)
NPJI? Narain Singh (Ind)
Ban Bllas Sahani (Ind)
. Satyadeo Prasad (Ind)
1
2
if
,553
665
37^
816
605
,831
701
,23^
981
180
390
The Janata candidate .g i t Kuniar Mehta v,!as
declared elected by a nargin of 26,86^- votes over his
nearest G::ngress (I) rival Tnrkeshvr..ri Sinha.
•»t present there are five vacancies in the Lok
Sabha and nineteen vacancies in the various Legislative
Assemblies and Tliion Territory. .'-ction initiated for
holding bye-elections for filling these vacancies has
been indicated in Table I and II below.
T A B ! ..-•, -
LOK SAcifA
Name of obi be/union Ter r i to ry
t . Andhxa Pradesh
2, Madbya Pradesh
3# Tamil Nadu
Numb or ofvacancies
S.Noc and Nameof Constituency
31- Sec under abad32~Siddipet (SC)
3 -Khandwa
31-Ihanjavur
Dava
1 !
23
t ecan
do
.7 .
ofey
7g
78
Action taken
The poll is scheduled to be heldon 7o1o79*
The revision of electoral rollsis in progress and finallypublished on i6o12oi978»
16.11O78 The electoral rolls after revisionwill be finally published on10c5.1979.
*. Utt-r Pradesh 58-Fatehpur The po l l was held on 3.12,1978.
T A B L E A U
LEGISLATIVE ASSEMBLIES
Name of St^te/ Number ofUnion Territory vacancies
1.
1. indhra Eradesh
2, Bihar
3* Haryana
2.
3
SI.No." and Nameof Constituency
3.
D?te ofvacancy
(3) 197-Gadwal
(1)
(2) 21^-Sandesh
k.
d ) 9e-Nidumolu (SC) 2^.3.78 5=(2) 277-Sattupalli 22.7.78 I
17.11.78
23.a 78
26.7. ?8
20.a 78
Action taken
Ihe poll i s scheduled to be heldon 7.1.1979-
Ihe revision of electoral rollsis in r)rogressand will befin-illy published on 2,3.1979.
Bne revision of electoral rollis in iDrogress rjid will be finallypublished on 23.12.78.
The poll was held on 17,12.,1978.
Ihe revision of roll i s in progressand will be finally published on27.2. 1979.
3. h
K
5*
n
Erases sh
1
2
(1)
(2)
CO(1) 122-ChanpM
(2) 27J+»In;oro - 7
(1) 1i5-Maho^;J
(2) 238-Jaipur
26*9*70 !1 'i^o revision ef ;;•! ••c .-r.1-:.! r o l l i|S in -^rofros.;; .riv -Adll be ilnr>lly
1O.C.7C g publisvu-:r; on ^ , 3 * 1979.
(3) 12- re l l l cher ry 27.9.7C
«ni« 15.C7G
23o7.7S
8.9.78
28.^,78
7.12.77
Hio olcjcr/.-rtl r o l l s bnvo beenf ina l ly publish :-' en. 16O12O 197B.
I io revision :.;.:' ol c*tor--:l r o l l s i sin ^ro'Trj^.s .nn.-'i v.-ill 00 f i n a l l y—'^-•.s'-.ec- en 3.3.1979,
Jie -.(/ll w-s hc l - en 17.12.. 1978
'the v>cll i s ?: iihodnl^d to be held on2 1 . 1 . 1979*
3.
\. Uttar Pr-ulesh 1) 255-Rari 21O8»78 | The revis ion of e lec tora l r o l l s2) 277-Allahabad(v/est) 8.11.73 \ i s in progress. The r o l l s b i l l3) 41-Gannaur 28.11.78 \ be f iba l ly published on 4.3o79
9- Delhi 15 - As ho k Nag ar 8.10.78 The revis ion of e lec tora l r o l l sis in progress and i t wi l l bef inal ly published on 8. 3*79«
CHIEF ELECTORAL OFFICERS' CONFEH3FCS2h OCTOBER TO 26 OCTOBER, 197c
OOT.X.J-1U1TD
« conference cf Chief Electoral Officers of
a l l States and Union Territories was con vended at
Octacaaund by the Election Co Emission to discuss
various problems connected with the preparation of
electoral rolls for the next General Election to the
House of People rnti the State Legislative Assemblies,
the wanner in which they have to be brought up to d-vte,
the changes contemplated in electoral law and procedure,
the planning for procurement of various election materials
and other arranf'ecents required for holding these ele-
ctions, etc.
The Chief Election ConnrissionGr, 3hri S.L.
Shakclher, who inaugurated the Conference, congratulated
the Chief Electoral Officers cf seven States and two
Urjion Territories, where General Elections to the Legis-
lative ^.sseirblies were held after the Nainital Conference,
heldlast year from 29th September, to 1 October, 1977.
In the Nainital Conference, the Chief Election Qhiunissioner
suggested that the conference of the Chief Electoral
Officers should be an annual feature.
The Chief Election Commissioner pointed cut
that a full and complete electoral roll is at the
very root of the holding of free and fair elections,
assuming that the life of the House of the People
would be reduced frca six to five years as Gnvissfp-d V
in the Constitution (Forty-fifth /juenclraent) Bill, 197O,
when i t i s enacted, he said that the next General
Election to the House <bf the People i s normally due
in early 19O2. Ihe tine has, therefore, coire new to
chalk out a well considered programme for intensive
revision of the electoral rolls in the entire country.
He, however, mentioned that the system of crash programme
cannot be a satisfactory substitute for the regular
process of intensive revision.
The Chief Election Commissioner declared that after
examining many suggestions in regard to the pro ?r canine
for the intensive revisions of electoral rolls for the
next general election, he is of the view that the most
satisfactory method would be to undertake the intensive
revision in the entire country at once and at the same
time in 1981. In the State of Sikkim, where the ele-
ction i s likely to be held in early 1979j the rolls have
already been ordered to be intensively revised with
reference to I January, 1979 ps the qualifying date.
Similar y in Gujarat State where the Assembly
election is likely tc be held in mid 19OO, the
rolls wculcl be intensively revised with refer-
ence to I January, 19G0 as the qualifying date.
The Chief Hecticn Commissioner added that in this
context, we Eight explore the possibility of seeking
the active co-operation of the census authorities,
since the census operation in connection with the
19G1 census would, rr^re or less, coincide with cur
programme for intensive revision.
VJhile discussing the special problems regard-
ing the large scale inclusion of foreign ii&fea-iifA&ls
in the electoral rolls, the Chief ilection Ccmni-
ssioner expressed concern over the alarming increase
reported from some States in North Eastern region
and at the demand made by the political parties for
the inclusion in the electoral rolls of the names of
such migrants who are not Indian Citizens without
verifying their citizenship status. I t was made clear
to the Chief .Electoral Officers that after ascertaining
their views the Chief ULection Commissioner might write
to the Home Ministry for the purpose of identifying
each fcreign national in the ccuntry.
o
J 56 : h
While elaborating the progressive iele'a
f the introduction of the system of photographed
identity cards for every elector, i t was mentioned
that this will check not only the impersonation but
also the likeljl'iool of foreign nationals getting
themselves registered in the electoral rolls of the
country. This system which is L'Kiiig;/' tried on experi-
mental basis in Sikkim may be gradually extended first
to border States in the Worth-Eastern Region.
The Chief Election Commissioner proposed to have
some sort of revisionary jurisdiction specifically
vested in the Commission by law for the purpose of co-
rrecting the patently erroneous or arbitrary decisions
resulting in the rejection of the claims of persons f. r
inclusion in the electoral rolls who are otherwise
eligible or the inclusion of ineligible persons.
The CEC desired that a 'voters' Council1 consist-
ing of members from each village or ward or street as
the crse may be and drawn from ex-service men should be
constituted to help in the matter of revision of ele-
ctoral rolls, wide publicity through mass media should
be given to the preparation and revision of electoral
rolls .
Jhe C2C further added that tho Chief ZLoctoral
Officers are the representatives of the Election Comrri-
ssion and while suggesting programme for '-ny election,
they should net get any direction cr seek approval fr°E
the State Governments. However, they night consult
the State Government and after taking into account a l l
facts they should themselves draw up the programme after
•exatsi-nlng--the merits of each case and send i t to the
Commission for approval.
Discussing the recommendations of fenchayati Ila.j
Committee headed by Shri Ash ok Mehta which had suroosted
that the conduct of elections to al l the Panchayati Raj
Institutions should be brought under the control of C30
in consultation with the Chief ZLection Commissioner.
The CSC further stated that mere consultation would wnot
bring the desired result and therefore i t would be nece-
ssary for the Government to clothe the Election Commission
with the powers of super intondencej direction and control
of the preparation of electoral rolls and the conduct of
elections to these institutions as in the case of election
to Parliament and State Legislatures.
s 58 :
The Chief Election Go ram is si oner explained that
the system of appointing observers for each consti-
tuency at the time cf election i s a measure to stren-
gthen the machinery for ensuring free and fair elections
ancl hf-is been welcomed by political parties. The measure
i s not to oversee the functions of the Returning Officer
but to ensure greater confidence among the people. For
securing smooth and orderly Elections "Standing Committee
and 'Voters' Council' under the Chairmanship of the Return-
ing Officer should be constituted for each constituency.-
Those will act as wateii uogsc
•Vbcut the malady of booth capturing, the CEC suggested
that the District Magistrate should direct the deposit
of fire arms daring election period and advised the CM >:
SLectcral Officers to draw advance plans for making arrange-
ments for next General SLectiens. He enumerated various
improvements in regard to election materials.
Dealing with the evil practice cf urchin voting in
Home States, the C3C deplored the indifferent attitudes
of some Presiding Officers who do not take strong measures
on the ground that there is no objections from polling
agents. He declared that the Presiding Officers have the
right to act sue mo to in such contingency.
i 59 i
The CEC advocated the idea of single day ;x:li
or at most two polling clays in .all the States and Uni; n
Territories. He added further that although C hrura f'• v
polling i s justified in case of House to the Foe pie and
Legislative Assemblies but the polling h- uBS should be
reduced to four or five hours in case of Iiajya .-abh.a
an d Le gi si ative Co un ci 1 s.
The following are the recommendations : of the
Conference !-
(i) The electoral rolls of a l l the constituencies
al l over the country should be revised intensively during
the yoar 1981 with 1.10,1981 as the qualifying date *--. ._;_ hho-
with a supplementary roll for registering the names of a l l
electors who would attain the qualifying age en 1.1.19C2.
(The conference presumed that the recorsraendati.cn of the
Commission that there should be k qualifying dates '
instead of the present one qualifying date would be enacted
into Law well before the process of revision will s ta r t ) .
( i i ) The SLecteral rolls of a l l constituencies in
Guj-rat should be intensively revised with 1.1.19^0 as the
qualifying dnte in order to bring the r^lls uptodate suffi-
ciently before the next general election to the Gujr.rat
Legislative assembly due to be held in May 19G0.
60
( i i i ) A snail Committee consisting of some Chief
Electoral Officers may be appointee1 to collect datas
from all States/Unicn Territories regarding the ;.dmini-
strative structure for attending to election work and to
make recommendations ?s to how best the revision of rolls
and other election natters should be attended to. The
Committee would also recommend a model machinery for this
work at the District level and below the District level.
The composition of the Committee and i t s terms cf refer-
ence were left to be decided by the Chief Election Commi-
ssion or.
Civ) .The, electoral rolls might hereafter be cycle-
stylod'instead of printing them, in all places where i t is
difficult to arrange for printing them.
(v) The system of issuing Identity cards with photos
to all electors is at present being tried in Sikkim for the
next general election tr the Sikkim Legislative Assembly.
The extension of this system to ^ther States/Union Terri-
tories will be considered after studying the working of this
system in Sikkim.
(iv) The Election Commission may examine whether
en the eve of a general election a last elate might be
prescribed either by law or by executive instructions
beyond which no application for the inclusion of names in the
electoral rolls should bo entertained.
61
(vii) The J3.Gcti.cn Commission should have power
tc review the orders passed by the Chief Elector?-! Officers
on appeals made to them regarding inclusion of names in
electoral rolls .
(viii) Ihe system of appointment of senior officers
of State Government as observers of the IHLection Co Emi-
ssion at the tine of general/bye-elections intrcduced a
few months ago was found to have had a salutery effect.
I t was recommended that this system should "be continued with
such changes as may bo necessary to cake i t no re ,.useful
and effective.
(ix) A standing Committee consisting of representative:
of political parties and rther contesting candidates should
be constituted unr"er each Returning Officer with a view to
effectively implementing the code of conduct drown up by
the KLe ction Cbmmis sion.
(x) /J.1 Chief ELcc-M>ml Officers should carefully
estimate their requirements of ballot boxes for the next
general elections so that supply of additional requirements
of boxes may be arranged well before the next election.
(xi) Ihe action initiated by the IHocticn CcEmi-
ssion to explore the possibility of introducing better
quality of paper with water ffiark for the purpose of printing
: 62 :
ballot papers was welc-med. It was felt that the paper
should be manufactured by one single source instead of
by different mills as at present, in order to ensure
uniformity of colour, quality etc.
(xii) Para 9 of the Election Symbols (Reservation
and Allotment) Order, 196c, may be suitably amended, to
remove the restriction in regard to the allctEcnt of symbols
reserved for State Parties in one State to Registered
p a r t i e s i n a r other St a te .
(xi i i ) The Acknowledgement portion of the form of
nominations (Forms 2A to 2 S appended to the Onduct of
Elections Rules, 1961) Key be suitably amended tr mention
the place, '"'ate and time at which the Returning Officer
will take up the question of allotment of symbols to
contesting candidates.
(xiv) In view of the fact the number of voters
attached to a polling station has gradually been reduced
i t should net be necessary to prescribe more than the
statute ry minimum of C hours of poll except in exceptional
cases whore 9 hours may be prescribed. In elections where
the Eoabors of the Legislative Assemblies are voters, the
hours of poll n?ay be restricted to k or 5 at the ETC st.
63
(xv) The seal of the Election Gonnrissi.n should
bo affl:-rec! on packets containing election papers for
elections to tho rfcjya 3abha and tc the Le^islo/tive
Ccuncils by Keiiibers of the **ssenroly,
(xvi) T:'io procedure of applying indelible ink
acrk on the left fore-.finder cf voters should be intro-
duced for elections froin -droduotes and Teachers Consti-
tuencies of Legislative Councils also.
(xirii) Rules Eay be anu-nc'od for preserving election
Peer's for ^nly 6 months inst ad of one year as at present
vith a view to avoi^in" cono.esti'"n in treasuries etc.
C H A P T E R - VEII
ELECTORAL REFORMS - VIEWS OF THECHIEF ELECTION COMMISSIONER
During the course of h i s teur in Kerala in
connection with the del imi ta t ion work under the
Scheduled Castes and Scheduled Tribes( Amendment)
Act, 1976, the Chief Election Commissioner
addressed..the Rotary Club at Calicut on'-the evening
of 28th October, 1978, He answered the questions
put t o htm by the members of the Glub. S imi la r ly ,
the Chief Elec t ion Commissioner was a special
i n v i t e e at the parl iamentary Seminar at Bangalore
in Novermber, 1973 and addressed the p a r t i c i p a n t s on
l 5 t h November, 1978 on the subject "Need .for Reforms
in the Elect ion System", :
I t would lie interesting to note briefly the
various important aspects on which he laid emphasis
in these speeches, They arej
(l) The Rotarians and other voluntary non-
political organisations in the country may play an
important role in assisting the electoral machinery for
the free and fair conduct of elections. These
voluntary associations may assist in the accurate
preparation of the electoral rolls . They may also
provide useful comnon forum and platform for the
leaders of various political parties for their
electioneering campaign and for expressing their
views, election manifestos etc*
(2) The political parties should be required
by law to render account of their election expenses.
They should show each item of money, donations e t c
received by them and also each item of expenditure,,
In other words, they should maintain an uprto-date
and true account which should be subject to
periodical audit.
(3) The political parties should also have
to submit a report of their functioning every ye- r
to Parliament,
(4) The above suggestions are with a view
to ensure the proper functioning of political
parties and also that they do not function in
secrecy and in toral disregard of the provisions
of the party constitution.
(5) The Presidents Rule should be imposed
in States as soon as the date for the Assembly
election is announced which would help all the
candidates in the election fray to have equal chance
without any dis-advantage to the opposition candidates
as compared to the candidates set up by the ruling party*,
66
(6) The acceptance of the recommendation cf
the Ash ok Mehta Gommittee on Fanchayati Raj Institu-
tion by the Govt. and the superintendence, direction and
control of the elections to panchayats and other
local bodies to be vested in the Election
Commission,
(7) The necessity for examining the present
system of elections with special reference to the
consideration of a system by which 50% of the
seats in parliament to be filled by direct
election and the remaining ^0% by nomination from
the l i s t of members submitted by each party on the
basis of the percentage of votes polled by it«
This would correct the disprorrtionate imbalance
between the votes polled by a party and the seats
secured by that party thereby reflecting true
representation in the Legislature in proportion to
the votes secured by that party.
(8) To discourage contest at election by
a very large number of independent oandidrtes
without even a remc^ecnance °f success at that
election starutory restraints should be placed by
way of enhanced security deposits imrosition of
disqualification fop standing for future election
on their failure to secure a minimum percentage of
votes fait the election etc.
(•9) The voting age should be brought clown
from 21 years to 18 so that the parliament might
reflect the views of the generation of the day and
the participation of more youths,
(l i) The laying down of 4 qualifying dates
in a year for the preparation or revision of the
electoral rolls with reference to any one of which,
which is nearest in point of time to the election
date, the rolls might be revised so that as far as
practicable all eligible voters could exercise
their franchise at the election,
(11) The constitution of a Standing Committee
for each constituency under the Chairmanship of the
Returning Officer which would meet, as often as
possible, from the eommencement of the election
order to ensure free and fair election. At these
Committees, all the political parties and independent
candidates wp-uld take part and the situation from
day-to-day could be reviewed,
(12) The constitution of the voters'
council for each constituency to assist the
election authorities in the work relating to the
preparation of electoral rolls and the conduct of
elections in that constituency,
(13) The Standing Committee and the Voters'
Council would function as a sort of watch dog to
see that the election is conducted in a free and
fair manner.
G H A F T E B - j
DELIMITATION UNDER SCHEDULED CASTESSCHEDULED TRIBES. 0RDERS( J a B N D M T l A c t
The Constitution Scheduled Castes and the
Scheduled Tribes, Orders (Amendment) Act, 197&5 has
made amendments to the original orders under the
Constitution including therein a number of new Castes
and Tribes and removing the area of restriction,, As
•3 consequence thereof, the ir>"o.?£:.'i.2 Act has
provided for readjustment of the constituencies in
relation to the seats reserved for Scheduled Castes
and Scheduled Tribes by giving effect to the
increase or decrease of the seats for those Castes
-and Tribes,
Under Section 6(3) (a) of the Amending Aot,
I9765 the Election Commission published the following
proposals in respect of the States of Kerala and
Tamil Nadu which were published in the Gazette of
India dated 9th September, 1977s-
i) 43-.Thrit.hala assembly constituency in thej'oate of Kerala may be reserved for ScheduledCastes;
i i ) 30-Sultan's Battery(ST) assembly consti-tuency in the State of Kerala may bedereserved; and
i i i ) 1^7-Uppilia; uram as embly constituencyin the State of Tamil Nadu "lay be reserved '" :•fox Scheduled Tribes0
: 69 «
In order to consider objections and suggestions
to i t s above proposals, the public sittings were held
by the Commission on 28.10,78 at cCalicut, 2.11.78 at
Trivandrum, 8.11.78 at Tlruchirapalli and on 11.11.78
at Madras.
While no concrete suggestion regarding reservation
of V^-Trithala assembly constituency in the State of Kerala,
was received by the Commission, on i t s proposals for
dereservation of 30-Sultan's Battery(ST) assembly consti-
tuency in the State of Kerala and reservation of 157—
Uppiliapuram assembly constituency for Scheduled Tribes
in the State of Tamil Nadu, i t was represented that the
population figures published by the Registrar General of
India were inaccurate. The Commission wrs therefore . ~-
requesfctsdto defer i t s decision in the matter t i l l correct
figures were made available to i t by the Registrar General,
for which DurTOSe representations by interested parties had
beed made to the Registrar General. The Commission has
since decided to wait t i l l 12.1.1979 and if the Registrar
General does not revise the figures by that time, the final
decision in the matter will be taken.
IF JiVM AID
During the month under review, President's
rule was imposed in two Union Territories and their
Assemblies were dissolved.
MTjSQRAM
The Mizornm Legislative Assembly wes disso-
lved on 11 November 1978 under section 51 of the Union
Territories Act, 19~3 n.s i t was found "by the President
on a report from the Lt. Governor of the Union Territory
that a situation has aris _m in which the administration
of the Union Territory could not be c rried on in
accordance with the provisions of the Act. This
situation was brought about as a result of the spl i t
in the ruling party, i . e . People's conference
The Union Territory of Mizoram was f i rs t
created in pursuance of the provisions of the North
Eastern ar3a(R^organisation) Act, 1971(81 of 1971)
read with the Government of Union Territories Act,
1953(20 of 19'"3) as amended by the amending Act,
1971(No.33 of 1971). The f i rs t General Election to
the >Iizoram Legislative Assembly w_,s h^ld in April
197 2. Tho f i rs t meeting of the Legislative Assembly
of this Union Territory after the general election
was h.jlfi <n 10 May 197 2 and therefor• - the n:>xt
General Election w \3 normally .ue in May, 1977.
71
I t could not "be held e.s the political situation in the
in the Union Territory became fluid. H~nco President's
rule was inroosod on 11 May, 1977. The second General
Election was h^ld in May 197.8 and the President's
rule was revoked on June 2, 1973, when, after
elections, a new Ministry h-a-.d-d by Brigadear T.
Sailo took over the administration.
The State had to witness unstable political
condition following the split in the ruling ?e Hole's
Conference. The Lt. Governor advised the Chief
Minister to convene an emergency meeting of the
Assembly on November 13, 1978 so that he could test
his majority there. Meanwhile the Mizorom Cabinet
decided to recomiaend the dissolution of the . ssembly
and holding of fresh general elections. The Lt.
Governor forwarded the cabinet's decision to the
President for his consideration. The Cabinet
Committee on political affairs considered the report
of the Lt. Governor and accordingly President's rule
was imoos^d and Assembly dissolved.
The revision of the electoral rol ls in this
Uni n Territory is now under consideration.
The Union Territory of Pondicherry was placed
under President's rule on 12 November, 1978 and
: 72
the Assembly w.s dissolved. Hareagain, the .' ••'
President invoked section 51 --f the Government
of Union Territories -iCt, 13~3(20 of 1 9 >3) cft^r
receiving a report from tlio Lt. Governor of that
Territory that the admiaistr • t i ,n of that T^rr
could not Too carried jn in accordance with the
provisions of the Act. This situation w s caus•:-,•::.
by a sp l i t in the r uling A * I . ^»D. M. K. p ~r ty
This is the fourth time tln.t the Uni n
Territory lias been placed under President's rule .
The f i r s t tine being on 18 September 19"8, the
second time on 3 January 1974 and the third time on
28 March 1974.
The present Ministry had been formed on July
2, 1977 following the assembly Election in June
1977. Th Lt. Governor of PonCichsrry had sent a
report to the centre r c c 'mmeding dissolution of
Assembly and imposition of President's ru le . The
President's order imposed President's rule for oax
poi'iba of six months from 1? November 1978.
There was unstable pol i t ica l si tuation in
the Uni .-n Territory preceding the President's rule .
Sixteen MLAs out of 53 total membership of the
-seembly had demanded in writing the dismissal of
the Ministry headed by 3. Hamaswamy.
: 73 «
dhri Dhanik Lai Manual, Minis tor of 3s to ' ' :
in the Ministry of Home affairs while replying in
Hajya oabha a short notice ruostion on 2" D-cenber,
1978, informed that tho Chi jf Minister had r>.,c--aite-
dod the convening of the ^ssouiloly ^osai^n -J:I 24 "Tjvujab.
1978. But as a casa widjr suction 342 I . P.O. ~\jad with
section 34 I.P.O. was in pregross a^inot tho Ohiof
Minister and tho Public r.«Torka T-iinistor, tlu Oontral
Government was of tho vi sw that i t wonll havu boon
umor-'codontod if a Chief Minister had bi.:.n arrostjd
with a criminal case while s t i l l in office. Consi-
dering a l l the circumstanc-,;3, President's rule T,r-:3
imposed, dissolving the assembly.
The r-ivisio-n of tho electoral ro l l s in this
Union Territory is now under consideration.
DocumentationMonthly
DEC. 1978
®
HioviUm 1 ommission of India
p
1
A
3h
G
—
E 3
13
30
C O N T E N T S
CHAPTER ~ I . . . .
Books and Articles , . . . ••> •
CHAPTER - I I
Hbtes on Judical Decisions • • . . . .in Election Peti t ionsiCHAPTER ~ I I I 31
Nctes en Disqualification . . . • •of Members by the Commission
CHAPTER - I V o o
Party Position in . . . • *Legislative Assemblies
CHAPTER ~ V
Disposal of Election . . . . •
Petitions
Ci) lok Sabha
(ii) legislative Assemblies
CHAPTER ~ VI 1+1 -
^ r e - e l e c t i o n s • • . # «
CHAPTER -
Election CommissionlsOrder on dispute betweentwo groups cf ManipurPeople's Party
* * * * * * ** * * * *
* * •*
The Documentation is intended to
acquaint the Officers and Staff of the
Commission with the new t i t les , and, in
some cases, a hint as to the contents
thereof, received in the Library, deve-
lopments in the field of Electoral Lav and
and procedure, progress of the disposal
of election petitions and judicial deci-
sions thereon. Commission's decisions on
questions as to disqualification of mem-
bers to either House of Parliament or of
the State Legislatures, party position in
the Legislative Assemblies of the States
and the Union Territories and bye-elections
to the House of the People and Legislative
Assemblies and the Gonurission's Order on
dispute between two groups of Manipur
People's Party.
G E A P T 5 R - I
B O O K S A N D A H T I G L B S
« Aansoo, Arvind Donations to Party in Power
Mainstream : Dec. 30, 1978,pp. 12 - 1^. .
2. Abbas, K.A. A 'Bore' called Indira '•
Blitz : Dec. 30, 1978,p . 2k.
3. Akbar, M.J. The CIA Toppled BiuttoDefence Council Yahya Bakhtiar'sopening statement in theSupreme Court.
Sunday i Dec. 3, 1978,px), 25 - 2 6 .
h. Azimabadi,Reyaz
5bul ballot fraud inSaniastipur.
HLitz. Dec. 9, 1978,p . 3.
5» HLitz Charan, a force to reebonwith.
Bl i tz ; Dec. 30, 1978,p . 5.
6. HLitz Cornered Pawar's desperategamble.
HLitz : Dec. 9, 1978,P. 5.
7. HLitz Is i b r ^ r j i ' s contempt anyless than Indi ra ' s ?
ELitz : Dec. 16, 1978,pp. 1 - 2.
8. HLitz Special Courts For MorarjiCaucus Too ?
ELitz : Dec. 8, 1978,pp. 1 & 6
9. HLitz Storm Over Mrs. G:privilege turns into aprocupine.
ELitz ; Dec. 16, 1978,P. 9.
10. Elt'tss Wns Felony of BulsarRepeated At Sarcn.sti ?
HLitz : Dec. 9, 1978,D C . 12 - 1Li-.
11, B.M. Hevr Pressures withinJanata.
Sco. & Pol. Weekly :Nov. 25, 1978,pp. 1921 - 22.
12. Chakravartty, Eyeless in Delhi.Nikhil
Mainstream : Dec. 23, 1978,pp. 1 - 3«
13« Ghalcravartty, Be J Indi ra ' s iraprisonment.Nikhil
Wallowing in Cespool.
Link i Dec.17, 19/8,T p. 1 - 2.
Chand ran ,Rune sh
Ihe Pol i t ics of Unity.
IWI : Dec. 10, 1978,pp. 12 - 13.
15« Chittaranjan,C.N.
Enough of puerilePoli t icking.
V?- 1 - 3»s Doc.30,1978,
16. Chittaranjan, for Br eali thro ugh.
Mainstream : Dec. 30, 1978,PP. 1 - 3.
17.Berindranath
Chinese Navy invadesIndinn Ocean.
HLitz J Dec. 16, 1978,p . 11.
18. Dewan,3erind rannth
PAC gunned AligarhHolocaust.
HLitz : Dec. 2, 1978,PP. 12 & 21.
19• Dewan,Be rind rn-n nth
West Asian concern overMrs. Gandhi.
HLitz : Dec. 30, 1978,D. 10.
20. Gandhi, P.O. Job Reservation ;Invitat ion Ib /inarch7
IVJI : Dec. 2*+, 1978,pp. 39 - 1+1.
6
2 1 . IndiaBackgrounder
Mrs. fond hi On GomeBack Trial :
India BackgrounderDec. k, 1978,pp. 1U-71 - ^
22. India . I & B India '• A Heference•tanur.1 1977 - 78.New Delhi, I £ B., 1978
23. India Today ,'iligarh : A Divided City.
India Today 1 Dec. 1-1?, 1978pp. 10,- 12.
2*t. -Jain, G i r i l a l The Congress RisesAgain.
IVJI : Dec. 10,1978,pp. 6 - 10.
2 5• Kapoor, Bi sh an Caste ColotBt Vfi.llTell In Fatehpur.
Blitz ; Dec 2, 1978,p. 5'
26. Karan Sinsrh The Tnird Force*
India 'Today '•Dec. 1 - 1?, 1978,p . 76.
27. Karanjia, R.K. Janata I s Dead.
Blitz : 'Dec. 30, 1978,p . 1 - 2.
28. Lira aye, Madhu Janata On Iho Brink.
IWI : Dec. 2 +, 1978,pp. 6 - 11.
29. Link A Cris is Slash - point ,
Link s Dec. 2k, 1978,pp . 8 - 9 .
30. Link Ban g l ad e sh Bo 11 s.
Link J Dec. 31 , 1978,t>. 28 .
3 1 . Link Eehind Kisan March.
Link i Dec 17, 1978,X)X). Ik - 1 7 .
32. Link Hh ar an Sin gh ' s ' No 'To Desai ' s "Yes T .
Link : Dec. 17, 1978,p . 13.
33 . Link Congress Complexities
Link : Dec. 31, 1978,pp. 11 - 13.
3l+; Link De a l i n g WL th Mr s . Gan dhi
Link J Dec. 17, 1978,pp. 8 - 9 .
. Link Fatepur Pointers .
Link : Dec. 10, 1978,p . 8.
: 8
36. Link J rna ta ' s Elusive Unity.
Link : DGc. 1O,1?7S,r>. 8.
37. Link J£\n-:t?. Par ty 's Degenera-tion : Some Glimraers ofHope.
Link : Dec. 31, 1978,pp. 9 - 11.
38. Louis, .urul B. Janata Party : The Ujjain'Mela' .
India Today : Dec. 1 - 15,1978,PP. 15 - 17.
3 9 . Louis , /jrul E. Sacas t ipur Bye-e lec t ion -Shot In J a n a t a ' s Are.
Ind i a Ibday ;Doc. 15, 1978,D P . 21 - 22.
VO. Muthusvamy, P. Pay Rules Kade Eas7.M-dr^s, Svaray, I97^f HJT
*+1 * Iiuthus-wary, P. Central Civil Services 350.1Conduct Rules (Corrected MITTupto 1st October,1978).l«5adras, Sv/aray, 1979.
k2. I'luthus^jaiuy, P. Control Civil Services 350.1Classif icat ion Control MUTand Appeal Rules . (Corre-cted upto 1st - k pr i l ,1978) Mid r a s, Swaray, 19 7 8
9
Muthuswaray, P Central Civil . ServicesLeave Rules (Correctedup to 1s t Aug. 19?8) .
Madras, Swamy,1978.
350.1MUT
W+. Mu th u swa K y, P. Delegat ion of F inanc i a lPo xie r s Rul e s 1978(Effective from 1stAug., 1978).
Madras, Swaray, 1978.
350.1MUT
1+5* Mut Income Tax on Salar ies1978 -» 79. Madras,Swatay, 1978.
MUUT
. Mu th u svaroy, P. Leave Travel Concession(Corrected unto 1st May,1C78).
Madra .s, Swaay, 1978 *
MUT
Muthuswsay, P. Svamy's Compilation ofthe Medical AttendanceRules (Corrected upto1st March,1978).
Madras, Swamy, 1978.
MUT
iiuthusv/aray, P. Swcray's Compilation onD.A. H.R.A. & C C A .('Corrected u'oto 1stJuly, 1978).
350MUT
Madras, &;amy, 1978.
10
1+9 • Muth u swamy, P. Swamy's Compilation ofthe Central TreasuryRules, Vol. 1(Corrected upto 1stMarch, 1977).
Madras, Swamy, 1978.
350.1MUT
lei; L i s t of Aoend-iaeut-3 - <5>cto 1977
2nd L i s t of Jiaend*-merits ~ March 1978..
50. Nair, R.Mr dh a van
Ihe F i r s t Step -Reform of theElect ion Commission
Onlooker s Dec.16-311978, p . 39.
Onlooker B.injab - Passing thetorch of Corruption.
Onlooker ; Dec. 1-1?j1978, vx>. 32 - 33-
52. Puri, Rajinder Fernr.ndes' Resignation.Complicates Re:shuffle.
ELitz. Dec.2,1978,p . 9.
53* P»ri, Rajinder Polar isat ion begins.
ELitz J Dec.^0, 1978,P. 9.
Char an - Morrrji Rupture.
11
5k. Raghavan, A, Anatomy of Janata rsimpotence.ELitz I Dec.2,1978,p . 11.
55. Raghavan, A & ELD t o l l s doon ofRao, Jo ga Jan a t a.
ELitz s Dec. 16,1978,pp, 1 & 6.
56. Raghavan, A. Clouds of doom over
Jan a t a.
HLitz 5 Dec. 30, 1978,p . 11.
. Ragbavan, A. Will Iok Sabha bedissolved ?FVitz 1 Dec. 9, 1978,p , 0,
^ 8 . Ramaswamy, C.S. Alibi for StarvationWage. s.Mhir s t re am 1 De c. 23,1978,p?. 3 - 11,32.Re! Bhoothiingara Goraraittee
59. S. R. M. A Vote For lbderation.
Sp?jn J Jan, 1979,p . k,
U»S, Con gr e s si on alElect ions .
J 1 2 i
60. Sethi, Sunil Mrs. Gandhi s Passageto London.
India Today :Dec. 1-15,1978,pp. 8 - 9.
6 1 . Soarma, SudeshKurrkar
Ashok Mehta Gonniitteeand Weaker Sections.Mainstream i Dec. 16, 1978DP. 21 - 22 .
62. Silvern, B.M. Is there a positiveside to Morarji ?
Onlooker JDec.1 - 15, 1978,pp. k2 ~ }+3.
63. Singh, Br.i India China relat ions*Perspective and prospect.
Onlooker : Dec. 1-15", 1978,pp. 20 - 23.
6k. Tell is , Olg Jp.nata Wins BombayCivics poll9
Sunday : Dec.3.1978,pp. 51 - 52,
65* Thakur, Jan a rd an Bihar - Ripe ForRevolution.
India Today tDec. 16 - 31,1978,pp. hQ - 51«
6 6 . Ih-io^r, Bomesh The Confusion I sTou-1.
Eco. & Po l . Weekly :Dec, 16, 1978,pp . 202^ - 26.
67• Vorghess, 3.G. Crirae and JPunishment
Ind ia rJbdr,r 5DGC. 16 - 31,1978,P. 37 .
CHAPTER..^ II .
Notes on Judicial Decisions |
Luring the irenth under review, decisions
in nine election petitions given by the various
High Courts were received in the Commission. Of
these two petitions pertained to the House of the
People and rest of the seven to the Legislative
Assemblies. Of the two petitions relating to the
House of People, one, from -Andhra Pradesh, was
allowed while the other, from Punjab, was dismissed.
Out of the seven petitions arising out of the
Assemblies ELections 1977-78, four petitions re-
lating to -Andhra Pradesh, two relating to Madhya
Pradesh and one relating to IMegnalava^were ..
dismissed by their respective High Courts,
ELECTION PETITION NO, 3 OP 1977
K. Bapanna Ibra Substitutedby S. Suvarna Kumar
Vs.
Radha Bai Ananda Rao & another
In this pet i t ion, K. Bapanna Dora,
a defeated candidate, challenged the election
of Radha Bai .Ananda Rno to the House of the
People from 5-B^adrachalan! (31) parliamentary
constituency. The election was challenged on
the ground that she was not a member of any
Scheduled Tribe and that she wrongly declared
in her nomination that she belonged to 'Koya'
community which i s notified to be a Scheduled
Tribe community. I t was alleged that she
belonged to 'Eoli ' community and not 'Koya'
community.
I t was contended on behalf of the re-
turned candidate that Doll was a sub-caste of
Koya co ram unity. The High Court observed that
as 'Doli1 community was not included in the
16
Scheduled Tribes Order aid as such i t could
not accept the contention of the Respondent
that i t was a sub-caste of the Koya coma unity,.
The I-Iigh Court accordingly held that Eadha
Eai itianda Rao did not belong to Koya community
and that the acceptance of her nomination was
wrong.
The High Court therefore allowed the
petition and declared the election of the
returned candidate as void.
17
ELECTION PETITION NO, 1 OF 1978PUNJAB
Avtar Singh Brar
Vs.
Balwant Singh Ramuwalia
In th i s pe t i t i on , Avtar Singh Brar, an
e lec to r , challenged the elect ion of Balwant
Singh Ramuwalia to the Lok Sabha 0Bye-election,
1978) from 12-Faridkot Parliamentary cons t i -
tuency on the ground of bribing as contemplated
in section 123 (1) of the Representation of the
People Act, 1951-
The pe t i t ioner alleged tha t a deputation
of prominent c i t i z ens of Faridkot met Parkash
Singh Ehdnl, the Chief Minister, a t Faridkot
Rest House on 11.12.1977 a t 6 p.m. and requested
him for a l locat ion of funds to Guru Gcbind Singh
Medical College, Faridkct so that the college
might not be closed for paucity of funds. The
respondent, i t i s al leged, who was present there ,
requested the Chief Minister to accede to the i r
demand. As a consequence the Chief Minister
18 ;
declared that the Government would allocate
sufficient funds for the college. I t is then
averred that the Chief Ministor asked the
deputatienists to announce the said fact in
the city so that the voters might cast their
votes in favour of the respondent. The depu-
tationists promised to do so. A sum of Rs.
2.8*+ crores wore sanctioned by the Punjab
Government for Guru Gobind Singh College. A
news item regarding this grant by the Govern-
ment appeared in the Tribune. The petitioner
alleged that this act tantamounts to bribery
as defined in Section 123(1) of the Represen-
tation of the People Act.
Tno Court, after hearing the arguments,
held that no corrupt practices had been proved
on the part of the respondent at the election
and dismissed the petition.
19
ELECTION PETITION NO, 2 OF 1978iljDHRA FRADESTi
S.B.Nabi Saheb
Vs.
(i )Nerella Sun d?;? a Raj u
(ii)BDJja Venkata Heddy.
& o thers .
In th i s pe t i t i on , S.B. Nabi Saheb, a
defeated candidate, called in question the
elect ion of Bojja Venkata Reddy to the
Andhra Rradesh Legislat ive Assembly, 1978
from 186-Nandyal constituency, on the ground
of i r r e g u l a r i t i e s in the counting of votes
and non-sealing of two ba l lo t boxes. The
pe t i t ioner accordingly prayed t h a t s -
(1) a recount of the votes polled by a l l the
the candidates be ordered;
(2) the elect ion of the returned candi-
date, Bojja Venkata Reddy be declared
void; and
(3) he be declared duly elected in h is
place.
20
The returned candidate filed a recrimi-
nation petition praying for inspection, scru-
tiny and recount of votes polled in the consti-
tuency. He alleged that the election of the
petitioner would have "been void if he had been
elected.
Tne High Court after hearing the arguments
held that none of the allegations made in the
petition was proved and accordingly dismissed
the election and the recrimination petition.
21
ELECTION PETITION NO. 3 OF 1978AKDHHA PRADESH
Badrivishal Pitti
Vs.
Shiv Per shad & Others
The petition was filed by Badrivishal Pitti
calling in question the election of Shiv Pershad
to the Aidhra Pradesh legislative Assembly, 1978
from 21*f~Maharajganj constituency. The petitioner
alleged irregularities in the counting of votes
and prayed that the election of the returned can-
didate be declared void and he be declared elected.
The High Court yidjg. i t s orders dated 6
October,1978, ordered a recount of al l the rejeted
votes and fixed 16 October,1978 for this purpose.
The petitioner did not, however, deposit Rs.250/-
with the Court as directed by i t . An oral request
for extending the time allowed for making the
deposit was made by the petitioner's Counsel on
the ground that the petitioner was desirous of
filing an appeal before the Supreme Court. The
High Court rejected the petitioner's request for
extention of time and dismissed the petition.
22
ELECTION PETITION NO. 7 OF 1978ANDHRA PRADESH
B. Lakshmikantha Rao
Vs.
D.Chinna Mallalah aliasDa sin 1 Mallaiah and others.
In this petition B. Lakshmikantha Rao,
a defeated candidate, challenged the election
of D.Chinna Mallaiah to the Andhra Pradesh
Legislative Assembly, 1978 from 253-Indurthi
constituency. He prayed that the election of
the Respondent No. 1 be declared void as he
had a subsisting contract with the State Govern-
ment for the sale of arrack and toddy in the
course of his trade or business on the day he
filed his nomination papers. The petitioner
alleged that he was disqualified to contest
the election under section 9A of the Represen-
tation of the People Act, 1951 • Tne petitioner
prayed that as the 1st respondent was disquali-
fied, the votes polled in his favour be consi-
dered to be thrown out and the petitioner, who
was the next to get the highest number of votes,
be declared to have been duly elected.
23
The High Court held that i t was beyond
dispute that by the time the elected candi-
date filed his nomination paper, a contract
for two arrack/toddy shops was subsisting.
He had entered into a contract with the Govern-
ment to sell arrack and toddy to the public
after due payment. Ihe Court, however, obser-
ved that two important requirements for attrac-
ting disqualification under section 9A are that
the subsisting contract must be for the supply
of goods to the Government or for the execution
of any work undertaken by the Government. In
the instant case, the elected candidate was not
under any such obligation to supply any goods
to or execute any work undertaken by the Govern-
ment. Ihe present contract was for the perfor-
mance of a service and therefore fall out side
fihs purview of "section 9A of the Representation
of the People Act, 1951.
Ihe High Court also added that section
7 (d) of the Act as i t stood prior. to i t s
amendment in 1958 had provided that a contract
for the performance, of any service under-
taken by the Government was also a disquali-
fication for contesting election to either
House of I&rliament or a State Legislature.
But these words "performance of any services"
were, deleted by an amendment in 1958. The
Court held that the contract entered into by
the 1st respondent was. not covered by section
9A r,nd as such he did not suffer from any dis-
qualification for contesting election to the
<&ndhra Pradesh Legislative Assembly. The Churt
accordingly dismissed the election petition with
costs.
ELECTION PETITION NO.- 13 OF 1978ANDERA PRADBSH
Narender A
Vs.
Janardhan Roddy & others
This petition was filed by Narender Ali
calling in question the election of Janardhan
Reddy to the Andhra Pradesh Legislative Assen?-from 2iQ~Khairatabad Assembly
bly/^consistuency on the following grounxs :-
(i) There wore irregularities in the
counting of votes as many votes
cast in favour of the petitioner or
otherwise invalid were counted in
favour of the elected candidate.
( i i ) Toe elected candidate had a subsisting
contract on the date of his election
with the iindhra Pradesh Agro-Indus tries
Corporation fcr the supply of goods.
Tne said Corporation being a State
Government undertaking, he was not
eligible to contest the election under
section 9A of the Representation of the
People
26
3he petitioner, however, admitted in his
deposition that the elected candidate was not
having any subsisting contract with the afore-
said Cbrpo ration.
By mutual consent of the petitioner and
the 1st Respondent, the elected candidate, the
High Court ordered recount of all the votes*
Even after the recount, the elected candidate
had a lead of 55*+ votes over the petitioner
instead, of 6$k votes as per Returning Officer's
original declaration• 3ha High Court termed the
counting mistake as an honest mistake and dis-
missed the petition.
27
ELECTION PETITION NO. 12 OF 1977. MADHYA PftADESH
Sajjan Singh
Vs.
Amar Singh & Others
In this petition, Sajjan Singh, a
defeated candidate, challenged the election
of Araar Singh to the Madhya Pradesh Legis-
lative Assembly, 1977 from 253-Sarangpur (SC)
Assembly constituency. The election was
challenged on the ground that the Respondent
No. 2 had a hand in the publication and
distribution of pamphlets which contained
false statement of facts defaming the char-
acter of the petitioner as defined under
section 123 0+) of the Representation of the
People *kct, 1951 • I t was also alleged that
the-Respondent No. 2 was holding an office of
profit on the date of scrutiny of nomination
paper i . e . , on 19«5«77, as he tendered his
resignation from the office of Assistant
Teacher, Middle School, Dhamanda (Rajagarh)
28 | .
Bis t t , , on. • 18.'5»77 and i t was accepted on
20,5.77 and as such he was disqualified to
TpeiPje apiewber of the legislat ive Assembly
under Article 191 (1) (a) of the Constitution,
The Court after hearing the arguments
held that the resignation of Respondent No.2
was accepted w»«.f» 18,5.77 and as such he
wns not holding an office of profi t on the
date of scrutiny of nomination papers. The
Court dismissed the petit ion with costs .
29
ELECTION PETITION NO. 19 OF 1977-MADHIA PRADESH
Chhagan Lai
Vs.
Gh an shy am Setti Pat idar & o t h e r s .
Chhagan Lai) a defeated candidate ,
challenged the e lec t ion of Ghanshyvun Seth
Pat idar to the Madhya Pradesh Vidhan Sabha,
1977 from 269-Mhow Assembly Constituency on
the grounds of variops corrupt p r a c t i c e s c-.rr i
committed by the Respondent No.1 under sec t ion
123d) (2) ( i f ) and (6) of the Representation
of the People A c t , 1951. I t was also a l leged
t h a t the po l l ing in the po l l ing booths Nos.
6 and 7 had been closed a t k.25 p.m. ins tead of
if.30 p.in,
After hearing the arguments and examin-
ing the evidences, the High Court decided
all the issues against the petitioner and r
dismissed the petition.
JO
SCTION PETITION NO.16 OF
(HIGH COURT OF ASSAM, NAGALAND,MEGHALAYAtMANIPUR AND TRIPURA AT GAUHATI).
Sof ia r Rahman Hazarika
Vs.
Akramozzaman & o t h e r s .
In t h i s p e t i t i o n , Sof iar Rahman Hazarika,
a defeated candidate, called in question the ele-
ction of Akrnmozzaman to the Meghalaya Legis-
lative Assembly, 1978 from WB-fhulbari Assembly
constituency on the ground that there was impro-
per rejection of r 7 valid ballot papers and
two postal ballot papers cast in favour of the
petitioner and improper acceptance of 13 in-
valid ballot papers in favour of the Respondent
No. 1. I t was also alleged that the counting
of votes of No. k8 - Phulbari legislative
Assembly constituency was takenup simultaneously
with k other constituencies in one counting hall
in disregard of the rules and directions of the
Election Commission.
The Court after hearing the arguments
and perusing the evidence held that the charges
levelled by the Petitioner were not proved and
accordingly dismissed the petition.
31
CHAPTER ~ I I I
CASES OF DISQUALIFICATION
During the month under review, no
pe t i t i on for the removal or reduction of
the period of d i squa l i f i ca t ion for member-
ship of the Parliament or a State Legis-
l a t u r e was decided by the Election
Commission.
CHAPTER ~ IV
PARTY POSITION IN THE STATE/UNION TERRITORIES ASSEMBLIES,
The par ty posi t ion as on 1.12<>78
dif fers from tha t on 1.11.78 in the following
respects J~
In Anclhra Pradesh, the strength of
Janata S&rty decreased by two from 5k to 5"2
following the death of one member and the
defection of another member to Congress ( i ) .
Mother member belonging to Congress Party also
defected to Congress (I) thereby increasing the
strength of l a t t e r from 212 to 21*+.
In Uttar Pradesh, the death of two
members, one belonging to the Janata Party and
the other an independent reduced the i r respect ive
strengths by one each.
PARTY POSITION IN THE. .STATE/ UN ION TERRITORIES A,
1.
2 .
3-
k.
5.6 .
* 7 .
8 .
• 9 .
10.
11.
12.
13.
•\k.
State/UnionTerritory
1.
Andhra Pradesh
Assam
Bihar @
Gujarat
Maryana
Hi E n ch a l Prade sh
Jann.iu & Kashmir ^
Knrnataka
Kerala
Madhya Pradesh
Maharashtra
Manipur
Meghalaya 3
Wngaland
To talStrensth
2 .
29*+
126
32*f
182
90
68
? 76
22^
iko
320
288
60
60
60
Janata
3.
52
60
215
108
78
5k12
599
229
99
kk
-
( 1.
Congress(I)
**•
.:-.-2iif
8
kk
56
3
-
7
152
19
58
52
11
-
12.78 )
Congress
5-
7
2>+
12
8
1
9
2
1
20
21
29
-
17
_
C.P.I.
6.
6
6
20
-
-
-
-
3
23
-
1
k
-
C.P.M.
7 .
7
11
k
-
-
-
-
-
17
-
9
-
-
—
Others@
8.
3
8
17
k
5
-52
2
kQ
-
90
-
38
55
Inde-pendent
9-
2
9
10
6
2
53
7
-
10
8
1
5
5
Vacant.
10.
3
-
2
1
-
-
-
k
2
-
-
-
-
15
16
16
18
19
20
21
22
23
2k
25
26
27
1.
'. Orissa
. Pun j ab
. Raj asthan @
. SLkkim
. Tamil Nadu
. Tripura
. Uttar Pradesh
. West Bengal
. Arunachal Pradesh
. Delhi**
• Go a, Daman & Diu
• Mizcram ***
. Ponclicherry ***
To t a l
2 .
* 7
117
20G
32
2 ^
60
^25
29 if
30
**>
30
30
30
3,997
Lates t Party Position not
3 .
116
25
26
8
-
353
29
21
kh
3
6
1,792
received.
if.
20
15
25
-
-
-
k3
11
_
10
-
1
7^8
5.
6
2
16
-
27
-
7
9
-
1
10
6 .
1
7
1
-
5
-
9
2
-
-
-
As sembly elis solved-on
Assembly &issolved on
229 88
7.
1
8
1
-
12
51
1
172
-
-
-
12 Nov.
11 Nov.
299
8.
-
58
if
-
181
7
-
60
8
-
15
1978 '.*
1978. '"-
655
9.-
3
2
if
6
1
2
9
if
1
-
2
-•
107
1 0 .
-
1
-
-
-
3
2
-
1
-
-
-
19
* Excluding 2 - seats in Pakistan occupied t e r r i t o r y .** Delhi Metropolitan Counci}.
dth.er. Par t ies include
1 . iindhra Pradesh
2 . Assam
3 . Bihar
*+• Gujarat
5 . Haryana
6 . Janraiu & Kashmir
7 . Karnataka
8 . Ke r ol a.
9- Maharashtra
Maj i l l i s I t tehad - ul - Muslirrraen 3 .
Acans Tribrtls Council of Assnin h, Revolutionary Comraunist Party of India k».
jbrward Bloc 1, United Opposition P"ront 8, All India Jharkand 1,lok Ppksha Vidhayak Dal.*7.
10. Meghalaya
p of k M.L.As. of o r ig ina l Congress but not jcined in any ofthe tvo present Congress P . r t i e s .
1/iEhal Earyana Party 5«
NrtioncJ. Conference 51» Jaoat Islami 1.
Muslim League 1, Itepublican Pfirty of India 1.
Koralti Congress 19, Revolutionary Soc ia l i s t Party of India 9,l\.dtional Der:?ocratic Party *+, Muslin League 11, Muslim League(Opposition) 3 , P.S.P. 2.
Pc; 3rnts and WDrkers Party 13, Republican Party of India(L^irble) 3, i l l India Muslira League 2, Forward HLoc ik,Eopublican Party (Khobragade) 2, Maharashtra Purogarai VidhiMandal Congress Palcsha 36, Purogani Vidhi Mandal CongressPalcshn - Independent - 5, Maharashtra Sacrajwadi Congress 2,Jx)r Shahi Congress Group 9, Nag Vidarbha indolan Samiti 2,Rtl (Gavai) 2",
M\ Party Hil l Leaders Conference 20, Hi l l State PeopleDemocratic Party 1^, Public Demands Implementation Convention 2,J t i n t i a National Ihion 1.
11 . Nagaland United Democratic Front 39, National Convention of Nagaland 1,
NPC3 1t>,
12. Punjab Sfcironani £ks l i Dal 58.
13» Raj as than Progressive Party *f.
1^-. Tamil Nadu AIDMK 126, DMK 1+7, Indian National Forward HLoc 2, Tamil NaduProgressive Toilers Party 2, Fon^ard HLoc 1, Muslim League 1,Gandhi Kanraj National Congress 2.
15. Tripura RSP 2, Forward ELoc 1, Tripura Upjati Juva Saiaity if.
16. Vfest Bengal Forward HLoc 26, RSP 20, Revolutionary CoHKunist Party of India 3,Pbrwcrd ELcc (Marxist) 3j BLplabi Bangla Congi'ess 1, Soc ia l i s tUnity Centre h, Muslim League 1, Congress for Deciocraoy 1, CPI(Marxist Leninis t) 1.
17. iirunaohal Pradesh People's l a r t y of /irunachal Pradesh 8.
18. Go a, Daman & Diu lvhha,rps'ntrcwadi Goniantak 1^.
* * * * * * * * * * * * * * * * * * * * * * * * * *
- 37 -
C H A P T E R - V
DISPOSAL OF ELECTION PETITIONS
T A B L E - I
Ibtal number of election petitions filed,disposed of, s t i l l pending in the HighCourts and appeals pending in the SupremeCourt ~ lok Sabha Elections Marcht 9^7
( 31.12.1978 )
Name of State/Union Territory
1.
2 .
3 .
k.
5.6.
7 .
8 .
10 .
1 1 .
Andhra Pradesh
Assam
Bihar
Gujarat
Jammu & Kashmir
Karnataka
Kerala
Madhya Pradesh
"Maharashtra
Punjab
Rajasthan
Filed
3
3
3
2
1
1
52
2
1
1
Election Petitions'in the High Courts
D i STDO!
of
3
3
2
2
1
1
2
2
-
1
ged Pending
-
-
1
-
-
MM
-
-
1
MM
Filed
1
1
-
-
-
-
31
-
1
_
Appeals inSupreme CoDisposed
of
mm
-
-
-
-
1
-
-
-
theurt
Pending
1
1
-
-
-
2
1
-
1
1. 2. 3 . h. 5 . 6.
12 .
13.
1^.
15.
16.
Sikkim
Tamil Nadu
Uttar Pradesh
West Bengal
Andaman & Nico-bar Islands
1
if
1
3
1
1
1
3
1
17. Laksh adweep
Total 35 33
- 39 -
T _A B L E - IX
Number of election petitions filed,disposed of, s t i l l pending in theEigh Courts and appeals pending inthe Supreme Court - Elections to theLegislative Assemblies - 1977 - 78.
(( 31.12.1978 ))
Name of State/"Union Territory
Election Petitions inthe JHigh Courts
Piled Diswsed Pendingof
1. Andhra Pradesh 21
2. Assam 9
3. Bihar 31
h, Haryana 7
5. Eimachal Pradesh 5
6. Jamnm & Kashmir 19
7. Karnataka 7*+
8 . Kerala 19
9. Madhya Pradesh 28
10. Maharashtra 13
11. Meghalaya 1
12. Nagaland 9
13. Orissa 6
1k. Punjab 16
8
6
12
6
if
3
1
19
22
3
1
2
6
13
3
19
1
1
16
73
6
10
Appeals in the__Suiyeme__Co_ur t
Flled~~T>i spoVed" Pendvr ?.of
1
2
2
1
1
2
2
1
3
1
2
3
1
1
6
1. 3- 3- h. 5- 6. 7-
1?
16
17
18
19
M
1.
2 .
3.
h.
. Rajas than
. Tamil Nadu
. Tripura
. Uttar Pradesh
* West Bengal,
ION TERRITORIES
ArunachalPradesh
Delhi
Go a, Daman & Diu
Mizorara
Pondi cherry
18
8
-
37
1
-
if
1
-
2
h
8
-
26
•r
k
1
-
2
1^
-
-
11
1
-
-
-
-
If - If
7 7
Total 329 153 176 36 6 30
CHAPTER - VI
BYE - ELECTIONS
During December, 1978, in a l l , three
bye-elect ions were held, one to the House
of the People and one each to Bajasthan and
BLhar Legislat ive Assemblies.
The bye-elect ion from 58-Fatehpur
Parliamentary Constituency (Uttar Pradesh)
was caused by the death of the s i t t i n g Janata
member Bashir Ahmed on 2 March, 1978. Ihe
Election Commission fixed the following pro-
gramme for the bye-elect ion t-
(1) date of issue of 3 November,1978notification; (Friday)
(2) las t date for making10 November,1978nominations; (Friday)
(3) date for the scrutiny11 November, 1978of nominations; (Saturday)
(if) las t date for the 13 November, 1978withdrawal of candi- (Monday)datures;
(5") date on which a poll 3 December, 1978i f necessary was (Sunday)to be taken; and
(6) date before which 6 December, 1978the election was (Wednesday)to be completed.
The total number of validly nominated
candidates was 37 • Twenty three candidates
withdrew from the field leaving lh candidates
in the field. The main; contest was between
the Congress (I) candidate Prem Datt and the
Janata Party candidate Syed Liaqat Hussain.
The election campaign went off peacefully.
The poll was held on 3 December,i978.
Out of the total of 6,U6,571 electorate,
2,79,175 electors exercised their franchise.
The total number of valid votes polled was
2,73,233, the remaining 5,9^2 ballot p-pcrs
were declared invalid.
The Table below gives a comparative
account of the performance of candidates in
General Election 1977 and bye-election,1978.
T A B L E
General Election 1977 Bye-Election, 1978
1. Be.shir -Ahmad 227,808 1. §rod Liaqat 1,30,621(BID) Hussain
(Janata)
2. Sant Bux 57,319 2. Prem Aitt 1,00,555Singh (INC (I)
(ING)
1 . ' 2 .
3 . Deopal Singh if, 789 2* Priya Darshan 12,608(IND) (IND)
k. Rabendra Pal 7,198Singh
(me)5. Naresh Chandra 3?930
(IND)
6. Sat Niraln 3,602(BTD)
7. Sheo Mohan Eajpai 2,958(IND)
8. Moti Lai 2,531(DID)
9. Jag Lai 1,937(IND)
10. Nanku Pal 1,8lf0(IND)
11. Mahafeir- Prasad 1,835Tiwari
(IND)
12. Raj Mani 1,526(IND)
13. Eholaram a l i a s 1Vinnyak Prasad '
(IND)
•\k. Kashi Prasad 81+2(Ind)
Syed Liaquat Hussain of the Janata
Party was declared elected by a margin of
30,066 votes over his Congress (I) r ival,
Prem Datt.
The Election Commission deputed five
senior State Government Officers as Observers
for the poll . The polling as also the count-
ing of votes passed off peacefully.
The l$ye-election to the Bajasthan Legis-
lative Assembly from 73-Rupbas (SC) Assembly
Constituency was held to f i l l the vacancy caused
by the death of the sitting Janata member, Tarr.
Chand on 28.if. 1978.
The Commission fixed the following &r
poll-pro gramme for the Ety-e-election '—
(1) las t date for 22 November,1978making nominations; (Wednesday)
(2) date for scrutiny 23 November, 1978of nominations; (Thursday)
OH'.ast date for the 25 November, 1978withdrawal of (Saturday)candidatures;
Of) the date on which a 17 December, 1978poll , was to be ) (Sunday)taken; and
the date before which21 December. 19#8the.election was to (be completed
Th<=!-fetal number of validly nominated
candidates was twelve. JEight candidates with-
drew their candidatures, leaving four contes-
tants in the f ie ld . However, the main contest
was triangular, involving Janata Party candidate
Data Ram, Indian National Congress, Indian
National Congress CD candidates Balwant Ram
and Ararit Lai respectively.
The Commission deputed three senior State
Government Officers as Commission1 s Observer
for the pol l .
Out of a to ta l of 68,50? electorate,
38,722 electors cast their ba l lo t . Out of these
38,13*+ votes were valid and remaining 588 were
invalid ones. Teie following Table gives a
comparative account of the performance of candi-
dates in the General Elections 1977 and pre-
election, 1978.
T A B L E
General ELection, 1977 Eye-ELection 1978
1. Tara Chnnd(JNP)
2* Balwant Ram(INC)
3 . Chirmoli(IND)
h. Ram Singh(life)
5» Seva Das(IND)
15,322
10,976
2,866
1,821
^ 51
1.
2 .
3-
if.
Data Ram(JNP)
Balwant Ran(INC(I)
Amrit Lai(INC)
Tikara(IND)
22,'+99
7,036
7,02^
1,575
Janata candidate, Data Rani was
declared elected by a margin of 15,!+63 votes
over his nearest Congress (I) r ival Balwant
Ram.
Ihe ESye-electicn to the Bihar Legislative
Assembly from 21^-Sandesb Assembly Constituency
was held to f i l l the vacancy caused by the
death, on 26 July, 1978, of the s i t t ing Janata
Party member, Ram Dayal Singh.
The Election Comnissicn approved the
following poll-schedule for the Bye-election ;~
(1) las t date infer 23 November, 1978making nominations; (Wednesday)
(2) the date for the 23 November,1978scrutiny of notni- (Thursday)nations;
(3) the las t date for the25 November,197^withdrawal of candi- (Saturday)datures;
ik) the date on which a 17 December,1978poll, i f necessary (Sunduy)was to be taken; and
the date before 23 Decorsber, 197^which the election (Saturday)was to be completed
As many as 33 candidates were validly
nominated. Out of which -\h candidates with-
drew their candidature and the remaining 19
candidates were in th© field.
Ihe main contest, however, was between
the Congress candidate Sondhari Singh and
Congress (I) candidate Tapeshwar Singh. The
ConiKission deputed five Observers for the
poll .
Out of a total of 1,28,^83 electorate,
78,885 exercised their franchise. Out of
these, 77,570 votes were valid and the remain-
ing 1,3^5 were invalid. The number of tonr'ored
votes were 177. The Table below giros a com-
parative account of the performance of the c?.vd:
dates in the General Election, 1977 and Eye™
election 1978.
T A B L E
21 *f - Sandesh
General ELection,1977 Bye-election,1978
1. Rani Dayal Singh 30,793(JNP)
2. Sondhari Singh 21,271(INC)
3 . Mahabir Ham 1,592
If. Brij Nan dan Singh(BID)
5. Shambhunath Singh(IND)
6. Ran Sakal Singh 820(IND)
7. Raia Jhndey 608(IND)
I.Tapeshwar Singh 22,896(INC(I)
2.Parsuran? Onoudh- 3,886ary (IND)
3.Praiuod Kumar(IND)
3,677
l+,Lachman Singh 3,26^+(USD)
^.Jadunandan Singh 1,213(IND)
6.Rey?.zuddin /insari 1,173IND)
7.Eailash Singh(IND)
528
1. 2.
8 . Muneshwar Sharna l\60 8 .Baliran! Singh *+19SUC) :iND)
9 . Ram '"wadhesh 165 9.Dwarikadhish 320Choudhary (XND)
ICUVibeka Nand Sahay 1^1 10.Pan? AwadheshCIND) Chaudhary
(IND)1 1 . Kal,ak-tar ftLnfeli • 122 Muneshwar Sha-rwa 203
"" tllfD) (BID)
12.3H.day fehadur Singh 1?6(IND)
13,Voer Et\hadurdim)
li+.Shambhu Nath ¥;7Singh
(IND)i5.Sarda Nand Singh 7*117
(IND)
i6.Satyadeo Singh 10 -(IND)
i7.Surendra Mohan Singh 160(IND)
i8.Sf^ndhari Singh 27,908(IRC)
19.Hlra Ial Singh 106()
Sondhari Sin<*h, the candidate,
sponsored by Congress Party was declared
elected by a margin of 5,012 votes over
his nearest Congress (I) rival Tapeshwar
Sin gh.
At present there are thrje clear
vacancies and one disputed vacancy
(Qiikmaglur) in the Lok Sabha and seven-
teen vacancies in Various legislative
Assemblies. Action initiated for holding
by^-elections for filling these vacancies
has been indicated in the following Tables
I and I I .
T A B L E -
LOK SABHA
Name o f S t a t e /Union Territory
ofVacancies
SL. Nc. and Maraeof Cbnstituencj
Date ofVacancy
Action taken•
1. indhra Eradesh
2. Karnataka
3 . Madhya Pradesh
31- Secunderabad32-Siddipet (SC)
20-Chikmaglur
k, Tamil Nadu 31-Thanjavur
13.7.78do
19.12.78
23.7.781**. 12.78
16.11.78
The -poll has since been held on 7*1.79
The Iok Sabha Secretariat has informedthat a vacancy has arisen in the LokSabha following the explusion of thesitting member Smt. Indira Gandhi.Sh. CM.Stephen, Leader .of the Opposit:in the Lok Sabha challenged the noti-fication of the Lok Sabha declaring SnrGandhi's seat vacant. The ELection Coission started public hearing on the i s ;on 15.1.79 and"©oncluded on 18.1,79. .1addition, an election petition againstSnrt. Gandhi i s pending in the High Goui
The poll i s scheduled to be held on h.ZThe revision of electoral rolls i s inprogress and will be finally published20.5.1979.
Bevision of electoral rolls is in progxand will ba finally published on 10.5.^
i 52 :
T A B L E - I I
Legis la t ive Assemblies.
Name of State /Union Terri tory
Wurober of SL. Bo. and Name Date of%eancii-s e>f Constituency Vacancy-
Action taken
1. -Andhra Pradesh
2. Bihar
3 . Haryana
if. Karnataka
5. Kerala
a (sc)277-Sattupalli
26-Jfendurthi
iO*f-Matihani
9C-Narnaul
ifO-Harihar
1) 105-Triuvalla2) 2-Kasaragod3> 12-Telli cherryh) lUC-Parassola
25.3.78)22,7.78)
17.11.78 )23.8.78 ]
2g.8.78
20.8.78
31*12.78
26.9.79 )10.8.78 )27.9.78 )15.8.78 )
The poll has since held on 7.1.1979
The revision of electoral rol ls i s inprogress and will be finally publishedon 2.3.1979 and *f.*+.i979 respectively.The poll i s scheduled to be held on18.3.79.
The poll i s scheduled to be held on22.^.79.
-An election petition i s pending in theHigh Court.
The revision of electoral ro l l i s inprogress and will be finally published 015.3.1979.
1. if.
6. Madhya Pradesh
7. Uttar Pradesh
8. West Bengal
9. Delhi
3
1) 122-Cbanpa
2)
23.7.78 The poll i s scheduled to be held onU-.2.79
8.9.78 The revision of electoral rolls is iprogress and will be finally publishon 3.3.1979.
1> 255-Rari 21.8.78 ) 3Ve revision of electoral rolls is i2) 277-^illahabad West 8.11.78 ) progress. The rolls will be fin all:
) published on *f.3-i979«
3) l+1-Gannaur 28.11.78 )
1) 115-Mabeshtola 7.12.77 ) 3foe poll i s scheduled to be held on2) 238-Jaipur } 21.1.1979-
Nagar 8.10.70 The revision of electoral rolls is iprogress and vail be finally publishon 8.3.1979.
GHAFTER ~
ELECTION COMMISSION «S ORDER ONDISPUTE BETWEEN TWO GROUPS OFMANIPUR PEOPLE'S PARTY -
The Manipur People Ts Party was f i r s t
r e g i s t e r e d in 19&9 as a p o l i t i c a l pa r ty under the
Symbols Order. On the b a s i s of i t s performance
a t the General Elect ion to the House of the People
from the State of Manipur in 1971, the p a r t y was
recognised as a State Par ty in t h a t State in terras
of paragraphs 6 and 7 of the Symbols Or^er* The
symbol 'Bicyc le 1 was reserved for t ha t p a r t y . Tne
party retained i t s recognition as a result of i t s
poll performance at the General Elections to the
Legislative Assembly of Manipur held in 1972 and 197*+
Tne Commission received certain coHtrunv* • K •• n
cations starting from June 1977 in the form of
telegrams and letters purporting to be from certain
members of the party to the effect that some Bombers
cf the party had joined the Janata Party and that
any representation by such members that the party
had merged with the Janata Party should net be enter-
tained as, according to thorn, the party s t i l l
continued to exist. In July 1977? Sri H.Nilamani
Singh, President of the party and Sri K.Jila Singh,
General Secretary of the Party sent let ters to the
effect that the party had merged with the Janata Party5
Tae group led by Sri K.Nilamani Singh
and Sri K.JIla Singh claimed that the Manipur
People's Party had merged with the Janata Party
and had ceased to exist as a separate Party. 2he
r iva l group led by Ch.Pishak Singh and Sri Laisraro
Manaobi refuted the above claim and made counter
claim that the party continued to exist and main-
tained i t s separate existence on the basis of
these conflicting claims, the Commission was satif-
fied that a dispute has arisen in terms of Symbols
Order*
After hearing both the groups as repre*»-nt-. •'
sented by their Counsels, on a number of days
between 2k January and £ October, 1978 and after
sifting the evidence produced by the respective
Counsels and documents in i t s possession, the
Commission by i t s Orde* dated 27th December, 1978
decided that the group led by Sri Laisram Manaobi
represents the Msnipur People's Party, which i s a
recognised State Party in the State of Manipur.
Though that group did not include any elected m
member of the Manipur Legislative Assembly or any
member of Parliament elected on that Party rs ticket*
~ 56 ~
the party s t i l l fulfilecl the conditions of recog-
nition specified in paragraph 6 ( 2 ) ( B ) of the
Election Symbols (Reservation and .Allotment) Order,
1268 as the candidates set up by that party at
the l a s t general election held In that State to
the Ibk Sabha held in M&rehf 1977* secured more
than k percent of the valid votes poliofl in that
Statei and as, especially the tainority group led
by Sri Isisrara Manaobi was ent i t led to such recog-
nit ion on the strength of the votes secured by
Sri Sekhogin Kipgen belonging to this group as
noticed above, the Commission held. 2he> Ooi»fltl«-
sslon ordered that group shall be enti t led to the
use of i t s , reserved symbol 'Bicycle1 at future
elections in the S tate of Manipur unti l the poll
perfor»ancJe of the par&f, i s reviewed after the
next General SLectioft In that State•
ihe Cofimisslon's Orcierj In fu l l , I s
reproduced below
657-
BEFCRE THE ELECTICN COMMISSIONCF INDIA
In the mat ter of d i spu te between two group®
of Manipur People ' s Pa r ty ,
This is a case of d i spu te between two
groups of the Manipur Peop le ' s Pa r ty , a recognised
S t a t e Party in the S t a t e of Manipur, under the
provis ions of t he Elect ion Symbols (Reservation and
Allotment) Order, 1968 (here inaf te r re fe r red t o as
' t h e Symbols Order 1 ) .
2 . The Manipur People ' s Party was f i r s t
registered in 1969 as a political party under the
Symbols Order, As a result of its poll performance
at the general election to the House of the People
from the state of Manipur held in 1971, the party
was recognised as a State Party in terms of para~
graphs 6 and 7 of the Symbols Order in that State.
The symbol 'bicycle' was reserved for that party.
The party retained its recognition as a result of
its poll performance at the general elections to the
Legislative Assembly of Manipur held in 1972 and
1974,
3, 20 candidates belonging to this party
were elected to the Legislative Assembly of Manipur
ot the time of generrl '•• action to that assembly-
held in 1974. Out of them, 16 members subsequently-
left the party and joined the Indian National
Congress. The party has no member in Parliament.
4. According to the records of the commission,
the following were the office-bearers of the party
on 28.1.1975:-
S/Shri H.Nilamani Singh . . . President
" T.Sangai Singh *.» Vice-President
" H«SurendrakumarXSingh X • •« General Secretary
X11 K.Jila Singh X" Maisnom Modhu-
mongol Singh . . . Treasurer,,
5. The Commission received certain communications
starting from June 1977 in the form of telegrams and
let ters purporting to be from certain members of the
party to the effect that some members of the party had
joined the Janata Party and that any representation by
such members that the party had merged with the Jonata
party should not be entertained as, according to them,
the party s t i l l continued to exist* Cn 7th July, 1977,
the Commission received a le t ter dated 5th July, 1977
from Shri H.Nilamani Singh, President of the Party,
to the effect that the decision taken at the meeting
of the Executive Committee of the party held on 28th
May, 1977 to merge the party with the Janata Party
has become complete and final with the ratification of
the said merger issue by the Manipur People's Party
Conference, the supreme body of the party, at its
special session held on 3rd July, 1977, A copy
of the relevant resolution was also enclosed with
this le t ter . The Commission also received on 11th
July, 1977/ a let ter dated 4th July, 1977 from
Shri K.Jila Singh, General Secretary of the party
to the same effect. The communications received
from these two groups setting up rival claims as
to the merger of the party with the Janata Party
or the continued existence of the party wore sent
to the opposite groups for their comments. The
Commission received communications, dated loth
August, and 11th August, 1977 from Shri H, Nilomani
Singh and Shri K.Jila Singh, representing the pro- .
merger group, and from Ch,Pishak Singh and Shri Laisram
Manaobi, representing the group setting up the claim
of the continued existence of the party. On the basis
-60- .
of these four comrnunications, the Commission was
prima facie satisfied that there were two rivalSingh
groups - one group led by Shri H.Nilamani/and shri
K.Jila Singh and the other group led by Shri Cho
Pishak Singh and Shri Laisram Manaobi ~ in the
Manipur People's Party, each of whom claimed to be
that party. The group led by Shri H.Nilamani
Singh and Shri K.Jila Singh claimed that the Manipur
People's Party had merged with the Janata Party, a
National Party and had ceased to exist as a separate
party. The rival group led by Shri Ch.Pishak Singh
and Shri Laisrom Manaobi refured the above claim
and made a counter-claim that the party continued to
exist and maintained i ts separate identity.
6, On the basis of these conflicting stands,
the Commission was satisfied that a dispute has arisen
in terms of the Symbols Order. Notices were issued
to both the groups to file their statements of case
supported by proper affidavits and documents, which
they have done.
The case was heard by the Commission on a
number of days between 24th January and 5th October,
1978. Shri Balraj Trikhar Advocate on behalf of Shri
H.Nilamani Singh and Shri K.Jila Singh and Shri P,H.
Parekh/ Advocate representing Shri Ch.Pishak Singh and
Shri Laisram Manaobi made their submissions in support
of their respective stands at these hearings. The
case had to be adjourned a number of times to suit the
convenience of the Counsels and the parties/ and for
enabling the parties who desired to file further docu-
ments and affidavits in support of their respective
claims. The never-ending process of filing affidavits
and counter-affidavits and other documents started
from the very beginning which became baffling to the
Commission and contributed to the existence of a large
area of disputed fects.
7. Eefore undertaking on examination of the
rival contentions of Shri Balraj Trikha and Shri P.H.
Parekh/ for appreciating the issues involved in this
case in proper perspective/ it is necessary to state
briefly the undisputed facts which have emerged from
the records of the case, claims made by the parties
and the arguments of the counsels. They are as under:-
(i) The Manipur People's Party has a
•62 -
written constitution with detailed provisions in regard
to the primary and active membership of the party, com-
position and term of office of various organs of the
party like the Forty Conference/ Executive Committee,
Constituency Committees, etc. The powers of these
organs have also been laid down in the constitution*
(ii) According to the records of the Commis-
sion, the names of the office bearers were as given in
para 4 above.
(iii) There was a draft agreement on 9th February,
1977 between the Kanglei League, an unregistered party,
and the Manipur People's Party for the merger of the
former with the Manipur People's Party. One of the
main terms of this agreement was that "the Manipur
People's Party shall include in the Executive Council
and other functionaries athe nominees of the Kanglei
League to the extent of 50% of their constitutionally
prescribed composition". This agreement was nigncd by
Shri Chongtham Yaiphaba, Vice-President, Kanglei League and
Shri H.Nilamani Singh, President, Manipur People's Party.
It was further stated in that agreement that "the
merger shall be taken as complete and the Executive
Council and other functionaries of the Kanglei League
shall cease to exist after the report of the represen-
tatives of the two parties on the full implementation
of article 2(two) of the agreement is approved by the
two part ies ." . In pursuance of this agreement/ the
members belonging to Kanglei League were given repre-
sentation in the Executive Committee of the Manipur
People's Party and were attending the meet ings of the
Executive Committee of the party upto 28th May/ 1977.
(iv) A meeting of the Executive Committee was
held on 28th May/ 1977 under the Chairmanship of
Shri H,Nilamani Singh. The agenda for this meeting
was mainly whether the Manipur People's Party should
merge with the Janata Party.
(v) According to the minutes of the meeting
of this Executive Committee, 44 members attended the
meeting/ out of which 19 belonged to Kanglei League,
The name of Shri Laisram Manaobi who represents one
of the rival groups in the dispute before the Commis-,
sion had been shown as having attended the meeting of
this Executive Committee. He was a member of the
Manipur People's Party and not of Kanglei League.
(vi) As a result of thejruling of the president
recognising the right of eight members cf M.N.O. .
another party, who also attended the meeting of the
Executive Committee on 28th May, 1977, to vote at that
meeting, 19 members belonging to Kanglei League and
Shri La is ram Man a obi staged a walk-out from the
meeting.
(vii) After this walk-out, the remaining members
of the Executive Committee present at that meeting
passed a resolution to tha effect that "the Manipur
People's party has decided to merge v;ith the Janata
Party".
(viii) At that Executive Committee meeting, a
further resolution was passed to the effect that a
delegate team consisting of the following four members
namely, (1) Shri H.Nilamani Singh, (2) Shri Khochoba
Singh, (3) Shri Y.Yaima Singh and (4) Md, AlrLmuddin
"be deputed to discuss the merger issue for a final
shape with the Central lenders of the Janata Party"9
(ix) A notice dated 23 June, 1977 purporting
to have been issued under the signature of the General
Secretary of the Manipur People's Party was published
•65-
in "The Sanaleibak", dated 28 June/ 1977. This notice
referred to the cal l ing of a requisitioned special
session of the Manipur People's Party conference on
the 3rd July , 1977 at 1 p.m. at . Mkrdrang Pur i t Mandap,
. ;j|oirang, to discuss the following agenda namely/ (1)
Merger agreement for merger of the Kanglei League with
the Manipur People's Party, (2) Merger of the M.N.O.
with the Manipur People's Party, and (3) Merger of the
Manipur People's Party with the Janata Party.
(x) Even before th is meeting of the special
session was held on 3rd July, 1911, ioe« on the 27th
June, 1977, the four members of the party who were
deputed t o discuss the merger issue with the Central
leaders of the Janata Party as referred to above,
joined the Janata Party and Shri H.Nilamani Singh was
made the President of the State Unit of the Janata
Party in Manipuro
(xi) The conference purporting to be a special
session of the Manipur People's Party Conference was
held on 3rd July, 1977 at tJSoirang Pur i t Man dap,
•Midrang, At th i s session the merger agreement for
the merger of the Kanglei League with the Manipur
-66-
People's Party was not ratified. The mercer of K a
MNO with the Manipur People's Party was ratified.
Further, the Conference ratified the merger of the
Manipur People's Party with the Janata Party«
(xii) According to the minutes of this special
Session as recorded in the minutes book produced by
the group represented by Shri K.Jila Singh/ Shri T,
Sangai Singh, Vice-President of the Partyt presided
over the session and Shri H0Surendra Kumar Singh, one
of the General Secretaries of the party, was present
at that session.
8, It is difficult to sift the voluminous
record containing disputed facts and verify their
correctness or otherwise. For the purpose of this
case, i t may not also be necessary or proper for me
to probe deeper into the affairs of the party except
to the limited extent of examining whether p_r_irna facie
the persons who took various actions and decisions in
the party organs were really competent to take such
actions and decisions at the given date, whether they
could be legally treated as members and wnether such
actions and decisions had at least a semblance of
-67-
following the procedure prescribed under the consti-
tution of the party itself,
9, The contentions of Shri Balraj Trikha are
briefly set out below:
(1) The opposite group is a new party as the
persons representing the group described their party
as Manipur Peoples Party without the apostrophe
before the let ter ' s ' and the real name of the party
is Manipur People's Party.
(2) In any event/ the other group has no locus
standi before the Commission to raise the dispute
under the symbols order because Shri ChoPishak Singh
nnd Shri Laisram Manaobi who claim to be the President
and the General Secretary of the Party were not members
of the Manipur People's Party.
(3) Ch. Pishak Singh belonged to Kenglei League
and though he was allowed to attend the meeting of the
Executive committee held on 28th May, 1911, he could
not be treated legally as a member of the Manipur
People's Party as the special session of the party
Conference held on 3 July, 1977 did not approve the
merger of the Kanglei League with the party. The
-ob-
receipt for payment of membership fee produced by the
other side to show that he became a member of Manipurto be
People's Party was alleged/ a forged one. This
receipt has been produced long after the initiation
of the proceedings before the Commission.
(4) Shri Laisram Manaobi did not renew his member-
ship of the party for the years 1976-77 by paying his
annual membership subscription as envisaged in art icle
IV of the party constitution. According to art icle IV,
the year of membership shall be the calendar year from
1st January to 31st December and the payment of the
prescribed fee shall imply the renewal of the member-
ship. For this reason/ he could not be legally treated
as a member of the party., The receipt produced before
the Commission by the other side many months after the
initiation of the proceedings and after the objection
regarding his membership was raised/ which shoved the
payment of membership fee, was a forged receipt and
not issued under the signature of any of the office
bearers holding office at the relevant time0
(5) The claim of the persons who filed individual
affidavits in support of the stand of Chs;?ishck Singh
anc! shri Laisram Manaobi cannot be entertained as they
-69-v/erv. not parties to t ie proceed...ngs before the Commission
and their support to Ch.Piskah Singh and Shri Laisram
Manaobi would not have any legal effect when the claim of
those persons themselves had nollegal basis. Further*
these individual affidavits were filed long after the
proceedings before the Commission had started,
(6) The alleged executive committee meeting held on
1 July, 1977 by the other group at which the earlier
office bearers were supposed to have been expelled on the
ground that they joined the Janata Party could not be a
legal meeting convened in accordance with the provisions
of the constitution of the party as the party/ with . C
validly constituted executive committee/ continued even
after 1 July, 1977 and the special session of the Confe-
rence of the party was held on 3 July, 1977 under the
Chairmanship of Shri T.Sangai Singh, Vice-President of the
Party, who had not joined the Janata Tarty by that time.
No authority other than the authority envisaged in the
constitution of the party, could convene a meeting and
expulsion of any member of the executive Committee could
not be done without the observance of the requirement of
the provisions of the constitution of the party,
(7) The other group had not shown any documentary
evidence . that its claim has the backing and mandate of the
general membership of the party which could be expressed onl
through the holding a general conference of the party. Suet
a conference hac! not been convened either immediately after
3 July 1977 or even t i l l now to ratify the stand of the
other group. ...^o-
(8) In rep-iv V- .-... s^c-.fic question by the
Commission during the course of his arguments, Shri
Balraj Trikha conceded that though a decision to
merge the Manipur People's Party with the Janata
Party was ratified by a special session of the con-
ference of the Party on 3 July, 1977? that decision
did not amount to the dissolution of the Party or
wiping out of i ts very existence and that the con-
stitution of the party had not been abrogated.
(9) For the reasons stated abovo, the claim
of the opposite group cannot be accepted by the Com-
mission and has no legal basis. The persons repre-
senting the other group has no locus stand! to raise
the dispute.
The contentions raised by Shri P.H. Parekh
are briefly as under:
(1 ) The defetit pointed out in the description
of the Manipur People's Party is only minor which
has been caused by typographical mistake. In fact,
the other group had also in a few ef i t s documents
produced in the case used the same description.
Shri Laisram Manaobi had alss filed an affidavit
to the effect that the description given in his
statement of oase and other supporting documents
- 7 1 -
as Manipur Peoples Party instead of Manipur People's
Party was only a typographical mistake and that the
claim of his group and the dispute really related to
one and the same party which is in existence in
Manipur by that name.
(2) The members of the Kanglei League were
allowed to attend and participate at the meetings of
the executive committee t i l l 28 May, 1977 and those
members in fact attended the meeting of the
executive committee on 28 May, 19 77 where a dispute
arose. Therefore, the draft agreement between
Kanglei League and the Manipur People's Party
entered into on 9 February 1977 was given effect to
by both the parties and $0% of the members in the
executive committee who attended the meetings of
the executive committee were drawn from Kanglei
League in compliance with the provisions of the
draft agreement. For this reason, the right of Ch.
Pishak Singh who attended the meeting of the
executive committee on 28 May, 1977 and to represent
before the Commission the group claiming the con-
tinued existence of the Manipur People's Party
could not be validly questioned.
-72-
(3) The group represented by Shri Ch.Pishak
Singh and Shri Laisram Maiiaobi convened a meeting
of the Executive Committee at which the earlier
office bearers had been expelled from the party
on tne ground that they had joined the Janata Party
or on the ground that they worked for the Janata
Party, Among those expelled members were (1 ) Shri
H. Nilamani Singh, President, (2) Shri K. J i la Singh,
(3) Shri Surendra Kumar Singh, General Secretaries
and (h) Shri Tongbram Sangai Singh, Vice-Pre side nt .
Any of these members could not, therefore, have any
right to speak for the party.
0+) In any event, Shri LaisraM Manaob"1 was
an original member of the Manipur People's Party and
he was at no time a member of Kanglei League, He
was a member of the executive committee of the
Manipur People's Party. The receipt produced before
the Commission showing the payment of membership fee
would show that he continued to be a member t i l l
3 July, 19 77 and beyond that date. Therefore, the
claim of Shri Lais ram Man a obi to represent a group
could not be assailed. Shri Ch. Pishak Singh had
also become a member of the Manipur People's Party
by paying the prescribed subscription fee.
-73-
(5) Shri Laisrana Manaobi was allowed to par-
ticipate at all the executive committee meetings,
including the meeting held on 28 May 1977. The Con-
stitution of the Party itself shows that the membership
of the Party is for the calendar year. Even assuming
that Shri Manaobi had not paid the subscription fee for
the year. 1977, i t is clear from the above that he has
been treated as member of the Party.
(6) There are a number of other members who
have filed individual affidavits supporting the claim of
Shri Laisram Manaobi as set up before the Commission.
Their claims should also be taken into account for the
determination of the dispute .
(7) The other group whose members had joined
the Janata Party had no legal right to make any
representation before the Commission regarding the
existence or otherwise of the party, or the freezing
of the symbol as t hey were outsiders for the purpose
of the determination of the rights of the Manipur
People's Party.
(8) The special session of the Conference
of the Manipur People's Party held on 3 July 1977
had not been validly convened, since no proper notice
to all the members entitled to participate at the
meeting was given
(9) The members who participated at that session
had no authority as delegates to attend and participate
at the session of the oonference.' The constitutency
committees whose representatives were to be the delegates
at such session had not been constituted in a number of
constituencies. Therefore, the session was not a
validly constituted session.
(10) Some of the members who attended the special
session of the conference protested in regard to the
passing of the resolution of merger of the Manipur
People's Party with the Janata Party and dissented
from the resolution but their protest had not been
recorded in the minutes of the conference. Some of
those members had now filed individual affidavits in
regard to this position before the Commission.
(11) Applying the rationale of the decision
of the Supreme Court in APHLC *ase (.AIR 1977 SC 2155)
which is identical with the case of Manipur People's
Party, the-delegate conference of the Manipur
People's Party held on 3rd July, 1977 had no authority
.or mandate to dissolve the party so as to have the...
effect of signing i t s own death warrant and merge
the party with another party completely losing i ts iden-
t i ty . Such a step of erasing the separate entity of
the party has not been envisaged at a l l in the consti-
tution of the party. The delegates had no mandate for
the purpose from the general members of the party. The
decision of the conference of the party cannot bind the
general membership of the party. For this reason, the
party continued to exist and the other group, having
joined the Janata Party cannot have any right to speak
on behalf of the Manipur People's Party.
10. Based on the contentions of both the rival
groups, the following position emerges;-
(1) A subordinate body, namely, the Executive
Committee, cannot take a decision of a binding nature
under the constitution, regarding the composition of
the Executive Committee or a decision of merger of the
party with the other parties, unless such a decision
has been properly ratified by the supreme authority of
the party. The merger of the Kanglei League with the
Manipur People's Party was not'ratified, at the meeting
of the general conference held on the 3rd July, 1977.
(2) Both the sides had agreed that the Manipur
People's Party had not completely disappeared and
that the constitution had n ot been abrogated.
- 76 -
(3) • The position of the two sides as on 3rd
July, 1977 i s , therefore, crucial and very much
material for the purpose of this case,
11. I would first dispose of the preliminary rejec-
tion of 3hri Balraj Trikha in regard to the description
of the party and also examine in some depth the
decision of the Supreme Court in the -.IHLC case Aiich
has been strongly relied upon by Shri Farekh with
reference to the undisputed facts of this casec
12. I have no doubt in my mind that the group
represented by Shri Laisram Manaobi actually claims to
be the Manipur People's Party and the wrong description
of the name of the Party by both the groups in the
various documents Is only accidental. Further, Shri
Parekh has filed an affidavit from Shri Laisram
Manaobi to the effect that the dispute actually relates
to the Manipur People's Party. Shri Balraj Trikha did
not also press this matter seriously further after this
affidavit had been filed. In view of this, I hold
that the dispute really relates to the Manipur People's
Party, as properly called.
13. In disputes of the present nature, the Commission
has been applying the test of majority and relative
- 77 -
strength of the two rival groups of a recognised
political party in the legislative wing and
organisational wing, if possible, which has been
receiving the stamp of approval, t i l l the appeal in
the 75FHLC case was decided by the Supreme Court. The
decision of the Supreme Court in the .APHLC case, whereby
the Commission's order in that case has been set aside
has perforce changed, to a large extent, the complexion
and the line of approach of the Commission in disputes
of the nature of the /£HLC case, because of the binding
nature of the ruling of the Supreme Court. Therefore,
i t becomes necessary for the Commission tc examine and
apply the rationale enunciated by the Supreme Court
in the iPHLC case, i f the facts of any case are similar
to or on cari materia with that case without, however,
in any manner impairing the test of majority and the
test of relative strength of both the groups in a
^iapute in a recognised political p arty*«
14, Before testing the present case with reference to
the judgment of the Supreme Court in iiPHLC's case, i t
would be useful and appropriate to note the following
extracts from the judgment indicating the basic
principles laid down in that case, so that the
present case may be exaihed in proper perspective : -
- 76 -
1) "The controversy raised in the ^FHLC case
(where also two rival groups were before
the Commission, one claiming that the
party had r rg-2d with the Indian National
Congress and thus ceased to exist and
another claiming that the party still
continued to exist) was not squarely
within the scope of paragraph 15 of the
Symbols Order, but the Commission had
jurisdiction to determine the controversy
raised, as it was clothed with the power
to conduct elections under article 324
and give directions in general or in
particular in respect of symbols which
would involve the determination of
claims as recognised political parties
in the State,"
2) "The Commission fell into an error in holding
that the Conference of the £PHLC was the
general body even to take a decision about
its dissolution by a majority vote. The
matter would have been absolutely different
if in the general body of all members from
different areas or their representatives
- 79 ~
for the purpose, assembled to take a
decision abcut the dissolution of the
party had reached a decision by majority.
This had not happened in this case. At
best, the decision of the Conference on
November 16, 1976, was only a step in th-.jt
direction and could not be held *s final
until i t was ratified by the general
membership."
3) "The iPHLC with 40 members s t i l l claiming
to continue i t s reserved symbol answered
the test laid down in the Commission's
directions for being recognised as a State
polit ical party under paragraph 6 of the
Symbols Order, They had, on the date of
entertainment of the dispute by the
Commission, s t i l l the requisite member-
ship fulfilling the test for recognition
as a State polit ical party,"
4) "The Commission was, therefore, required
to follow the provisions of the directions
which i t had laid down in the Symbols
Order when the question of derecognition
of a party was raised before i t . The Com-
mission could net reasonably be satisfied
- 80 -
on the materials before i t that under
paragraph 6 read with paragraph 7 °f the
Symbols Order the J HLC had ceased to be
a recognised political party in the State.
Even by application of the directions which
i t had set out in the Symbols Order, the
Commission's decision was absolutely
untenable. Even after a cajcr chunk of
the iSPHLC had joined the INC, if those
who s t i l l continued under the banner of
the iSPHLC flag and symbol claimed to
continue as JSFHLC and the directions in
the Symbols Order did not authorise derecog-
nition of the iSFHLC as a body represented
by the remainder, no case was nade out
for any interference by the Corcnission with
regard to the reserved symbol,"
15. Shri Farekh claims that the facts of the
present case are exactly similar to the facts of the
i3?HLC case, I do not think so. At the same tine,
I cannot also overlook the obiter and the principles
enunciated by the Supreme Court In the ifHLC case-
as indicated above which certainly calls for close
scrutiny with reference to the present dispute.
- - 81 -
I t has to be admitted also that there are certain
distinguishing factors and similarities in the present
case to that of APHLC case.
The distinguishing factors are : -
1) The ManipvUr• People1 s tarty has a written
constitution and: the affairs in the various
• organ's of- the ,p arty were expected, to., be .
regulated, by the provisions of the
constitution. The AFHLC had no such
written constitution,
2) In the dispute before the Commission in the
iSFHLC case, the rival group which claimed
the continued existence of the party and
opposed the decision of the majority of i t s
members regarding the merger of the party with
the Congress had within i t s fold such number
of members in the Legislative Assembly of
Meghalaya who were elected on the ticket of
the ilFHLC as would entitle that group on
i t s own strength to recognition under
the Symbols Order, and also a substantial
number of members in the party organs
about which no dispute 'existed between
the two groups. Keeping this factor in
- 82 -
view, the court found that this minority-
group by itself fulfilled the conditions
in the Symbols Order for continued recog-
nition as a State F arty in the State of
Meghalaya, The Commission did not, there-
fore, find any difficulty in identifying
the group which succeeded in the Supreme
Court against the order of the Commission
and recognising that group as the iSPHLC for
the purposes of the Symbols Order* In the
present case, the rival group led by Shri
Laisram Manaobi has no representation in
the Legislative Assembly of Manipur or in the
House of the Feople, £L1 the four members
who remained in the party after 16 members
out of 20 joined the Indian National Congress,
had joined the Janata Party, None of the 20
members elected on Manipur People's Farty
ticket in 1974- was at any time with the
group of Shri Laisram Manaobi. 16 of them
Joined Indian National Congress in 1974- itself,
and the remaining four support the claim of
merger with the Janata Farty set up by Shri
K. J i la Singh, In other words, there is
not a single member in the Legislative
Assembly claiming to belong to Manipur
- 83 -
People1s Party. I t i s , therefore, not
possible to apply solely the same test of
strength in the Legislative Assembly to
recognise the claim of the group of Shri
Laisram Manaobi,
3) The constitution of the Manipur People's
Party has made the general conference -is
the supreme authority cf the oreanisrvti n
with powers to lay down the pdlicy and
programme of the party. The constitution
further specifically provides that "the
decision of the Conference shall be binding
on members of i t s party and i t s branches".
The points of similarities between the two cases
are t-
1) The decision to merge with another recognised
party has been taken in both these cases by
the general conference without specific
mandate from the general membership of the
party organisation for such merger,
2) The claim of one group in both the cases is
that i t has merged with the other party and
is not maintaining i t s separate entity
and the claim cf the other group is that i t
continues to exist as a separate entity.
- 14 -
3) In the light of the findings of the Supreme
Court, the disputes in both the cases will
not fall squarely within the scope t?f paragraph
15" of the Symbols Order$ nonetheless, the
Election Commission has the jurisdiction to
determine the controversy raised in these
cases*
16. The ratio of the judgment of the Supreme Court in
the /fHLC case is that delegates1 conference cannot take a
decision which may have the effect of wiping the organisation
or signing its death warrant, without a. specific mandate
from the general members to take such a far reaching
decision. Unfortunately, the parties in that case did not
raise the contention as to how, applying the above ratio-
nale, the minority group could claim to continue the
existence of a party, without a specific mandate to that
effect from the general members. Further, if the parties
to that case had sought the ruling of the Supreme Court
on 'the question as to how the decision taken at the
Conference of delegates could go before the general
membership of the party for ratification and what should
be the modalities for such ratification by general
membership of the party prior to implementing the mere
majority decision of the conference, the Supreme Court
would have provided the necessary guidance in that regard.
17. In the present case, I find that the group which
claims the continued existence of the party as a separate
entity has not held even a general conference of the
delegates, not to speak of holding a conference cf the
general or primary members of the party. Thrt erour has
thus taken no steps to get the approval of the general
membership of the party for their stand in regard t • the
continuance of the party as a separate entity, ^cs
the merger of a major chunk thereof with the Janata
Be that as i t may, I am bound by the tests laid
dq»n by the Supreme Court in the ilFHLC case. As noted
above, the two crucial findings are (1) the decision which
has the effect of killing the organisation without a
specific mandate from the general members is not a vali^
and legal decision which should b© acted upon by the
Commission, and (2) if, even after a major chunk of a
party joined another party, those who s t i l l continue un^1-r
the banner of the party's flag claim to be thnt Farty and
if the Symbols Order does not authorise derecoenition of the
Party as a body represented by the remainder, the Commission
cannot interfere in regard to the reserved symbol of that
p arty.
As regards the majority who opted for merger with
the Janata I arty, the provision in the Constitution of the
Manipur People's tarty, making the general conference as
-86-the supreme authority of the organisation with powers to lay
down the policy and programme <jf the Party and stating that
the decision of the Conference "shall be binding on the
members of i t s party and i t s branches" cannot be of any help
to the stand taken by that group lief ore the Commission as
the Supreme Court in iSPHLC case has clearly ruled that
such general conference could take binding decision only on
live issues of the Party, and not in regard to matters
which has the effect of effacing the Party completely from
the political scene.
My task in this case has further been lightened,
to a great extent, because both the groups during the
arguments before me conceded that the Constitution of the
Party has net been abrogated and that the party did not
completely disappear from the political scene, though theShri
group represented by£K. 3T-ila Singh has claimed that the
Party has merged with the Janata Party.
Having regard to the above, I am of the view that
the controversy in the present case narrows down to two
issues, namely : -
1) whether Shri Laisram Manaobi and Ch. Pishak
Singh who claim themselves to be the General
Secretary and President of the Manipur
People's Party have a locus stand! to raise
the present dispute before the Commission;
-87-
in other words, w^e^Ler they were members of
the Manipur People's Farty on or before 3rd
July 1977 which date, to my mind, is the
crucial date and as such, is very much
material, in the present case; and
2) whether, by the application of the principles
laid down in the iSPHLC case by the Supreme
Court, the above named two persons have
sufficient support from among the persons
who were members of the Manipur People's
Party on or before 3rd July 1977, to constitute
a group which may be regarded as having
continued the original Manipur People1 s Party.
18. In regard to the f i rs t issue stated above,
Shri Balraj Trikha contended that neither Shri Laisram
Manaobi nor Ch. Pishak Singh was a member of the Manipur
Feople's Farty on relevant date i . e . 3rd July, 1977. He
conceded that Shri Laisram Manaobi was earlier a member of the
Manipur People's Party. In the affidavit filed by Shri K.
J i la Singh dated 2l>.7.78, i t was also admitted that he was
elected to the Executive Committee at the general conference
of the party held on 4,8.74 for a period of three years.
According to him, Shri Manaobi ceased to be a member of the
Party as well as of the Executive Committee in the years
88
1976-1977> as he had failed to pay his yearly subscription
which would have renewed his membership for those years
as the membership of that party, according to the party
Constitution, i s for the calendar year* Shrl Parekh
disputes this contention of Shri Irikha, He has
produced a money receipt showing the payment of
subscription in the year 1977. The genuineness of this
money receipt i s again questioned by Shri Irikha.
However, I do not propose to place any reliance on the
contentions in regard to the genuinesess or otherwise
of the money receipt produced by Shri Manaobi or on the
money receipt i tself . From the documents placed on
record by Shri Trikha on behalf of Shri K. Jila Singh,
i t is evidently admitted that Shri Lais rare Manaobi
attended and participated in the Executive Committee
meeting held on 28th May, 1977 in which meeting the
decision tft merge the party with the Janata Party was
taken. Ihat clearly demonstrates that Shri Manaobi
was treated by the party executive not only as a
member of the party but also a member of i t s highest
executive organ. In case Shri Manaobi had not paid
this subscription for the jfear 1977 the party should
have made an order that he was no longer a member of
the party and prevented him from participation in the
-88-A
executive committee meetings in the capacity of a
member of that Committee, Neither was done. Cn the
contrary his continued participation in the affairs
of the Party amply imply that the party had condoned
the lapse, if any, and did not make an issue of the
non-payment of the subscription fee. As stated earlier,
the party Constituticn says that the membership shall
be for a calendar year. Therefore, if a person was
regarded a member of the party en the 28th May, 1977,
i t logically follows that he should be treated as
such member of the party on 3rd July, 1977, unless i t
is shown that such person had voluntarily ceased to be
a member of that party or had been validly removed or
expelled from the party. In the present case, no
such contingency has been shown to have taken place
in respect of Shri Laisram Manaoni between 28th May,
1977 and 3rd July, 1977* Thus, I have no hesitation
in coming to the conclusion that Shri Laisram Manaobi
was a member of the Manipur People's Party both on
28th May, 1977 and 3rd July, 1977 and his locus, stand!
to raise the present dispute before the Commission
cannot be questioned.
19. In so far as Ch. Fishak Singh is
concerned, i t was admitted by Shri Parekh that before
the tentative merger of the Kanglei League with the
Manipur People1 s Farty in pursuance of a draft merger
agreement entered into between the two parties in
February, 1977 Ch. Pishak Singh belonged to the
Kanglei League,, Shri Trikha contended that as the
draft agreement of merger between Kanglei League
and the Manipur People's Party was not ultimately
ratified by the general conference of the Manipur
People's Party on 3rd July, 1977, Ch. Fishak Singhbe
could not/regarded as a member of the Manipur People's
Party at any time. There is much force in this
contention of Shri Trikha and in my opinion on the
crucial date, i .e o 3rd July, 1977, Ch. Pishak Singh
could not legally be treated as a member of Manipur
Peopler s Party,
In view of my findings in paragraph 18 that
Shri Laisram Manaobi was a member of the Manipur
People's Party, he has the l&cus stand! to raise the
present matter before the Commission,, I decide the
f i r s t issue accordingly.
20. The next question which arises for
determination is whether Shri Laisram Manaobi is
-90-
supported by sufficient number of persons who were
members of the Manipur People's Party on 3rd July,
1977, so as to constitute a group which can validly
claim to continue the original Manipur People's Party,
notwithstanding the merger of a major chunk of that
party with the Janata Party, Shri Parekh submitted a
number of individual affidavits and l i s t s of persons
who have claimed or, were claimed, as being the
members of the Manipur Feoplefs Party on the crucial
date i . e . 3rd July, 1977, Shri Balraj Trikha, in the
presence of an officer of the Election Commission who
was specially deputed for the purpose, scrutinised
the l i s t s cf such members as furnished by Shri F.H.
Parekh and admitted the names of ten persons as
being members of the Manipur People's Party, However,
he subsequently resiled from that position and stated
that on further checking of the names, spellings,
addresses, e tc . , with reference to their records, he
found that none of those persons could be admitted as
being memters of the party. I do not propose to go
into the claims and counter-claims advanced by both
the groups based merely on the l i s t s as furnished by
these groups. I would rely only on the individual
affidavits produced before me in support or otherwise
- 9 1 -of the claims of the respective groups. Apart from
some other affidavits filed earl ier , Shri Lais ram
Manaobi has filed along with his affidavit dated
11.8.78, individual affidavits from the following
nine persons 1-
1) Smt, Nongthonbam Shyaraa Devi ofKhurai Assembly Constituency.
2) Shri Mayanglambam Bira Singh ofThan<?meiband Assembly Constituency,
3) Shri Rajkumar Nikunjabihari Singh ofKshetrigao Assembly Constituency.
4) Shri Nongthombam Samera Singh ofEeingang Assembly Constituency.
5) Shri Rajkumar Deven Singh of PastsoiAssembly Constituency.
6) Shri Soubam Rat an Singh of HeingangAssembly Constituency.
7) Shri Elangbam Gopal Singh of KeisamthongAssembly Constituency.
8) Shri Sarangthem Chouba Singh of NaoriyaPakhanglakpa Assembly Constituency.
9) Shri Khaidem Bira Singh of HeingangAssembly Constituency.
All of them have deposed to the effect that they were
the active members of the Manipur Feoplels Party as en
3»7»77, that they attended the general conference of the
party held at Moirang on 3.7,77 and that they had
opposed the proposal of merger of the party with the
Janata Party at that conference and that they support
the present claim of Shri Laisram Manaobi, Of these
nine persons, the claim of Smt, Nongthonbam Shyama
Devi as being the active member of the Mariipur People's
Party has been denied by Shri K. J i l a Singh in his
affidavit d^ted 8th September, 1978. I am, however,
not convinced of the position as stated by Shri Jila
Singh because I find from the proceedings register of
the general conference held on 3.7.77 as produced by
Shri Jila Singh himself, Smt. N. Shyama Bevi did attend
the said conference and her signatures are found at
serial No«65 in the l i s t of delegates attending that
conference. As regards Shri Scubam Rat an Singh,
Shri Jila Singh has filed another affidavit from
Shri Rat an Singh himself wherein he has repudiated his
earlier affidavit and has supported the claim of
Shri Jila Singh. I do not, therefore, place any
reliance on the affidavits of the remaining seven
persons, there is no specific denial by Shri K. Ji la
Singh about their being active members of the Manipur
People1 s Party. 1 observe from the aforesaid
proceedings register that all these seven persons
attended the general conference en 3.7.1977 and their
names are recorded in the register. In passing, I am
constrained to point out th-:t the peremptory manner in
which the denial in the affidavit of Shri K. Jila Singh
has been done smacks of an attempt to thwart the fair
appraisal by the Commission of the issues involved in
this case. .
•93-
In view of what has been stated above, there
cannot be any doubt that all the so 8 persons were the
members of the Manipur leople's Party on 3rd July, 1977.
In the next place, In an affidavit dated
12th July, 1978 by Shri Sekhogin Kipgen on behalf of
Shri Lais ram Manaobi, Shri Kipgen has deposed th it he
was set up as a candidate of the Manipur People's
Party for the Lok Sabha general election held in
March 1977 from the Outer Manipur Parliamentary
Constituency and was allotted the party1 s symbol
'Bicycle' at that election. He further states that
he is now a member of the Executive Committee of the
Manipur Feople1 s Party. Shri J i la Singh has denied
that Shri Sekhogin was a member of the Manipur people's
Party. This denial has no substance. From the
official records of the Commission, I observe that
Shri Sekhogin was a candidate of the Manipur People's
Party at the said election .and was allotted the
party's symbol * Bicycle' at the said election. In
that election he polled 29, 049 votes which
constitutes 6.24 per cent of the total valid votes
polled at that general election in the 3t.--.te of Manipur,
on the strength of which, the group led by Shri Laisram
Manaobi can legitimately lay claim to recognition
under paragraph 6 of the Symbols Order taking support
from the rationale laid down by the Supreme Court; in
the iJPHLC case. For the reasons given above I hold
th t Shri 3ek.hogin was also a member of the Manipur
People's Farty. This raises the number of members
supporting Shri Lais ram Manaobi to nine.
Apart from these nine persons, 3hri Manaobi
has filed additional affidavits from six persons with
his letter dated 27th October, 1978, in which affidavits
the deponents have stated on oath that they were the
members of the Manipur People's Parity on 3rd July, 1977.
But I do not propose to'take these additional affidavits
into consideration because they were filed after
conclusion of the hearings in the case .and could not be
put to the other party for admission or denial; nor is
i t necessary for me to base .my findings on these
affidavits because in my opinion the claim of the
earlier mentioned nine persons which has been accepted
by me should be sufficient to warrant a conclusion that
there vjas and is a group of the Manipur Feople's Party
which was continuing the original party .and maintaining
i t s separate entity, despite the fact that majority
of the members of JSh?X party and all i t s elected members
of the Legislative Assembly have joined the Janata
Party.
-95-
21. Having regard to my findings as above,
I held and decide that the group led by Shri Laisram
Manaobi represents the Manipur People's tarty which
is a recognised State Party in the State, of Manipur.
Though that group does not include .any elected members
of the Manipur Legislative Assembly or any member of
Parliament elected on that Party's ticket, the party
s t i l l fulfils the conditions of recognition specified
in paragraph 6(2) (.3) of the Election Symbols
(Reservation .and Allotment) Order, 1968 as the
candidates set up by that party at the last general
election held in that State, to the Lok Sabha held
in March, 1977 > secured more than 4 per cent of the
valid votes polled in that State, and as especially
the minority group led by Shri Laisram Manaobi is
entitled to such recognition on the strength of the
votes secured by Shri Sekhogin Kipgen belonging to
this group as noticed above. From this angle and
applying the directions of the Supreme G^urt in the
i-jpHLG case also, the Commission cannot come to a
decision that the party has ceased to be a recognised
political party in that State. In the result, the
group represented by Shri Laisram Manaobi is hereby
recognised as the Manipur People's Party which shall
be entitled to the use of i t s reserved symbol!BieycleT at future elections in the State of
Manipur until the poll performance of the party
is reviewed after the next general election in
that State, The question whether the I arty is
functioning in terms of their Constitution in all
respects will also be reviewed then.
NEW DELHI ( S , L , SHiiKDHER )27 . I2 . I978 ' CHIEF ELECTION COMMISSIONER
OF INDIA