Skip to content


iqbal Singh Vs. G.S. Badal and ors. - Court Judgment

LegalCrystal Citation
SubjectElection
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1150 of 1971
Judge
Reported inAIR1973SC581; (1973)2SCC56b; 1972(4)LC912(SC)
ActsConduct of Election Rules, 1961 - Rule 93; Representation of People Act
Appellantiqbal Singh
RespondentG.S. Badal and ors.
Cases ReferredBahadur Singh v. Krishna Behari and Ors.
Excerpt:
- .....from a judgment of the punjab and haryana high court which is directed against an order of the chief election commissioner allowing inspection in terms of rule 93 of the conduct of election rules, 1961 shall stand disposed of in the following manner : --2. counsel for the appellant and the contesting respondent who is the returned candidate agree that the order of the chief election commissioner dated 15th march, 1971 would be set aside on the ground that no reasons have been recorded in that order as required by rule 93 of the conduct of election rules, 1961. the formal order of 16th march, 1971, shall also stand set aside as not being the order of the chief election commissioner. this will, however, be without prejudice to the right of the appellant to seek an order of inspection.....
Judgment:

A.N. Grover, J.

1. This appeal from a judgment of the Punjab and Haryana High Court which is directed against an order of the Chief Election Commissioner allowing inspection in terms of Rule 93 of the Conduct of Election Rules, 1961 shall stand disposed of in the following manner : --

2. Counsel for the appellant and the contesting respondent who is the returned candidate agree that the order of the Chief Election Commissioner dated 15th March, 1971 would be set aside on the ground that no reasons have been recorded in that order as required by Rule 93 of the Conduct of Election Rules, 1961. The formal order of 16th March, 1971, shall also stand set aside as not being the order of the Chief Election Commissioner. This will, however, be without prejudice to the right of the appellant to seek an order of inspection of the ballot papers and the electoral rolls used for the Lok Sabha Parliamentary election of the Fazilka constituency held in March 1971 and/or any recount in the election petition filed by the appellant challenging the said election and now pending in the Punjab & Haryana High Court in accordance with the law laid down by this Court, in particular, the decision reported jitendra Bahadur Singh v. Krishna Behari and Ors. : [1970]1SCR852 as also any changes in the provisions of the Representation of people act or the Conduct of Election Rules & any directions legally issued by the Chief Election Commissioner, either under the aforesaid Act ort he Rules. An appropriate issue with regard to the inspection etc. has already been framed by the High Court in the election petition. Let the costs be costs in the election petition.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //