DocumentationMonthly

\Jol 3ZZZ Mo. 10

Research 4k ReferenceEteetion Commission of India

C O N T E N T S

Chapter - I

Books and Articles 4 - 2 1

Notes on judicial decisions

in election matters. 22 - 4o

Chapter - III

Casos of disqualifications. 41 - 6 7

Chapter _r,_IV_Disposal of electionpatitionse 6 8 - 7 5

Chapter - V

Vacancy Statements, 76 ••• 87

Commission's views on some

aspects of elections etc. 88 - 98

ter - VII

Bye-elections to LegislativeAssemblies. 99 -10 2

Chapter - VIIIMiscellaneous

(i)Meeting of the Commission withsome Chief Electoral Officers.

(ii)Inspection of polling

stations. 103 -113

Chapter - IX

Revision of electoral rolls -Safeguards against theinclusion of foreigners inthe Electoral .Rolls. 114 -121

Chapter - X

sof Vice-President onElections and Democracy, 122 -125

Chapter - XI

Press reports on elections andpolitical systems of foreigncountries and other matterso£ interest. 126 -160

Contd,

MTci 1 3;TT

5t

eft

T W

61 - ! 6 9

70

186 - 190

xxxxxXXX

X

The Documentation is intended to acquaint

the officers and staff of the Commission and the

Chief Electoral Officers and their staff with

articles on current political issues published

in Periodical.-o/nevspapers/ received in the

Commission's Library/ development in the field of

Electoral Law and Procedure, progress of the

disposal of election petitions,- judicial decisions

thereon, Commission's decisions on question- as

to disqualification or members to either >-.. v a

of Parliament or of t . State Legisl^cu.ro- ad

Bye-elections to both Houses of Parliament, and

State Legisiatures „

" " . • . ' • - 4 - , . . 4

CHAIPTSR - . I •1 i - ii ^ ^

BOOKS AM> ARTICLES.

A few more books have been added t o tha

CpTrflds3ionss Library r e c e n t l y . The d e t a i l s of the

books a re given in Annexure - I ,

A number of a r t i c l e s appealed in var ious

per iod ica l s /newspapers received in the Commission's

Library on cu r ran t p o l i t i c a l i s sues and other rh,~./fcters

of i n t e r e s t dur ing t he month under review. A l i s tas . .

of such articles/are considered to be of special

interest#is given at Annexure - II.

ANNEXURE-T

J U S T OF. BOOKS JJ3DBD DURING OCTOBER ",9P3 ,

AUTHCR TITLE PUBLISHER

B r e n r a m , Tom Poli t ics andGovernment, inBritain.

Lond on, Ca rribr id ao;

1983.

Raymond, Bridgetand Raymonde

Allchin.

Rise of Civil iza- New Delhi, S ,S .S . ,t ion in India and 1983.Pakistan,

India.I&B(Ministry of)

India-198 2. New Delhi,I & BMinistry,. 198 2.

- 6 -

LIST OF /JP.TICLSS

AKMEXURE-II

AUTHOR .TITLE

A .FOREIGN ELECTIOMS AND POLITICS.,

(a) M a g a z i n e :

Rao, V

REFERENCE

.Sri Lanka i State-Staged Massacres?

The ar t ic le deals withthe question whetherthe recent massacre ofTamiliahs in Sri Lankais the handwork ofPresident Javewardene.

a # r ya i n d i a J Octobe r16 - 3 1, 19 8 3 , p p , 58 - 59 .

(b) Newspapers,:,

Editorial . zi=, In A Fix. The Hindustan TimessNew Delhi, October 1,

Regarding the situation 1983,p.9Oin Sind province of .t «•» , -Pakistan where the people ' ' > . .have imde a farce of theelections by not turning'up to vote.'

Bhatt a cha r j e a, . Frve s*i d e nt Sha ga r i • ssecond term: Hopesand fears in Nigeria. 1983,p.6

t

Nonsense in Nepal

O i t .

Editorial

Indian Express?NewDelhi, October 5.,

National Herald ;NewDelhi,. October 7,2983/

Regarding the political p«7,,situation in Nepal.

Gandhi,Rajmohan Mrs.Gandhi1s Gambles The Statesman:Delhi,The Pakistan . That Will October 11,1983/

1 Suit Us. • p.6e V

The author discusses *the wisdom or otherwise

. of Mrs. Gandhi's re narks- On the situation inPakistan.

Contd..,.

AJJTHOR

Varma, AdarshKumar

Editorial

Editorial

-.'7 -

TITLE

The danger from Zia. National Herald:NewDelhi,, October 11,1983,, p.7.

"Divide And Rule

Zi-a's Peelers.

The Statesman jDeIhi,,October ,13.. 1983,. po6o

Ind i an Sx1- res s : Ne w1 Delhi, October 13,1983,

•Regarding the political p .6 . 's i tuation in, Pakistan.

Civic poll and after Indian Express:Nswin Pakistan. Delhi, October 14,-

1983/po6.

Dyer,Gyynne

Editorial

Zambia :Lean Days ."are The Hindustan Tirre s ;Here. " New Delhi,. Octoh? r 15,

1983,p.9i •Regarding the electionsin Zambia on October 27.

Zia's Bromises. Patriot:Now Delhi,October 15, 1983,

Regarding President p .2 e 'Zia ul Hag's promisesof holding elections -

• in Pakistan.

Hardinge, Mervyn Probe Into The Apathy The Statesman :D,elhi,-At Election Time. October 18.-1983,

po6o5 .Regarding elections iniurstral ia.

Gup^a, Sulekh -Gr.- Reagan's .\nti-NAMi Offensive proves

Validity Of Lenin'sAnalysis Of Imperialism.

Patriot:New Delhi, ,October 19.-1983,p. 2 , •

Editorial Turn For The worse. The Hindustan Times:New Delhi,October 24,

Regarding the for 1983, p .9 .forfeiture of the TULF . . 'M, Ps s ta ts in - SriLanka ParliarE nt.

Contd . . . .

AUTHOR

- 8 -0 •>

TITLE

Choudhury, P, Bangladesh:IntensiveRoy. ' S t i r For Democracy.

B.INDIAN ELECTIONS"AND POLITICS:

(a) MagazineJ

Pa'triot jr,:;>-'October 27.- 1983,p,2.

Bajaj>Rajiv and Madhya Pradesh "TheDubey, Ravindra •• • Two Faces Of Arjun

Singh".

Surya Ind i a t Oct 4 16 - 3 1 ,1983 ..pp. 26, 28, 30 £:3 2.

Regarding" the p o l i t i c a lscene in Madhya Pradesh.

Baner je:^,Saumitrafi

Sundays Sap^ = 25 -Oct.." 1, 1983ir pp.;, 18-19 ->

Bhactacharya,Shubhabrata.

Thakur Vs. Brahmin,.

The author reports onthe i*;fJU;ht in Blh^rbetween the ChiefM in i s to r, Mr,Chan d r a t

Shekher'Singh end thsforikjr Chief Minister^r»ra O'acannath Mi-3hrao

A' loyal is t leavesMrs.Gandhi.

The author analyses asto why Syed M±r Qasim-quit the Congress (I) »

'We dissidence in Graven: October (2nd)Rajasthan1 -says S.C* 1983,pp,29-30„Mathur,Chief Minister,Rajasthan. , .

Sunday iStipt,, 25-Oct.l,1933,p,28;

Dubey/Sunian and Opposition Unity £Chawla, Prabhu* ' Once More With Hope,

ind ia Today ; Oct o 16"~3''.1983 , pp. 24-27., 29<. .

Ccntd•..»

_ .Q —

. AUTHOR TITLE * ' REFERENCE

Engineer,Asghar The Poli t ics Of Iwi:October 23-29, •Ali. ' Communal ism. And The 1983, pp. 16-21.

.. ' . • Hyderabad-Riots,

The author investigatesthe roots of Communal ism ^in India and feels therecent r io t s in Hyderabadf i t into an emergingpat tern. According tohim,communal.violence isalwa'ys p o l i t i c a l .

Gupta,Sheker and Punjab;A Turning India Today:Oct,Thukral, Gobind Point, 16-31, 1983, pp. 15-18,

20, 22-23.Regarding the political • • y

situation in Punjab.

- Rulers. Of The Air. Imprint September1983, pp0 16", 19, 21,

The writer says "As 23-28.the fears of misuse- of

/ in Doordarshan/the coming' • General Elections

increase, the issue of • •p u b l l Cbroadcasting \needs to be reopened". .

Manju,Ni, CPI;Heading for the Caravan :September (1st)third .split? 1983, pp.33-34.

The author says thatcensurin'g • arid suspensions

are the syptoms of .inner-party struggle.

Mitra,5umit. CPI-Seeking New India Today: Oct. 1-15,Alliances.". 1983, pp. 18-19.

Nayar, Kiildip why the ruling party Sunday:Sept.25—needs NSA? Oct. l , 1983, p. 15.

Raghu Ram NTR;lndira's Latest. Onlooker:Sept.23-Ally. Oct.7, 1983,p.36.

Contd. . . .

AUTHOR

- 10 -

TITLE REFERENCE

Rawal,. Frabha-kar .Gujarat ;0n the brink Caravan:October (1st),and Tank, Vajubhai* of Cha'osc- 1983, pp, 17-19'*

•The' authors say that. 'deteriorating law and '

orders rampant corrup-tion find internal. _ ^

u */in.'tussels with/the • ruling • .•party are leading thestate into utter chaos,1 ' .

Sanghir, Vir-

Sharma, Raj at

S inghr Jets want „

The Saga Of TheMorarj i Papers-.

Re qexd ing the corrc s -pondence between Shri• Morerji Desei and ShriN.Sanj iva Ready,

Russians Plot Tc .Oust Indira.

Assam:Night WithoutEnd .

Imprint -Septarrber1983, pp. 29/3 1 U 33.

oker j S e p t ^ S -V... 1983..ppo8-13.

IWI; Co4-. cSbc r 23-29,1983,pp,22-27.

The author analyses the 'troubled scenario ini*ssam and says that theonly way to solve theproblem is to identifythe alien,, c i t izens anddisenfren6hiso them,-According to hirn# -nothing else .will work.

Singh, Khushwant , .Sikh pol i t ics , and' politicians.

S und ay:^ ept„2 5-l, 19S3/pp,24-27c

Thakur,Janardan The Selling Of Rajiv\; - Gandhi.

The author says that-the journey of Shri Rajiv

- Gandhi from the peripheryof politics to or^step / aaway fro,in the country'spolitical, ccntre-stagcj, has£ew parallels etnywbpre;

. •'. especially consideringthe fact that he strongly

• disdanied . the murky worldthat Indian poli t ics has

IWI: Oc tc be r 9 -1.5, 1982pp. 16-18, 21, .

/ / - ^ - 1 1 - •••• .

AUTHOR . . TITLE - • .'' I^?2' . • • • .

VajpayewLekha Echoes of the next Caravan;Scpt. (1st) ,Lok Sabha elections. 1983., pa,l3.

il^ AaTc . Checkmating Goa's c:^ief Caravan : October. Minister c "' (1st), 1983 ,pp, 27-28.

The author says that • .Congress(I), which formed • . 'Ministry in Gca,despite .not winning a single •, -seat, is finding i t toughto tone down the dissidonce,

'Wright, Louise. The "Plot" Against Gandhi. Time; October 17/- ' ^ 1963,.pe8,

Regard ing . the- opposition~ leaders' meet at Srinagaro

Thakur" Janardan Did Photographs l ie to Onlookot_': OctoberArun ShourieT ^ 22, 1983, ppw34^3 5 -•

• • & 3 3 £,

In this ar t ic le Shri JanardanThakur looks closely at the

. 'facts'.marshalled by Shri > .Arun Shourie and mentionedby him,in his ar t ic le "TReSrinagar Fire yjhotfun.it*1'1 •

••• . published in the September15,1983 issue of * India ' " " • 'Tcxiay' in which he had byinference concluded that the

. burning of INC office ingri-nagar on 19th May,' 1983 was '

' ' stage managed), and that thisvjas an inside job of ING men,.Shri Janardan Thakur disputesthe conclusion drawn by ShriShourie on the basis of the"evidence marshalled by thel a t t e r . He says "the uncanny

"- timings, the coincidences, thegap between the fire and thephotographers turning up a l l

• . these are almost out of aColonel Ranjcwt Singh t h r i l l e r .I .know i t is a blasphemy".

C a n t d . . . .

r

AUTHOR

Y o g e s h • Sh'a r ma-

Newspapers,; '

Sawhny, Kar an..

Editorial

Desai, V»H8

Editorial

Kakati /Satis C.

TITLE

Who dunit? Ask Shourie,again. ,

_REF3REJjCE

Onl oo ka r., 0 etc be r22, 1963, pp. 36-38..

The' writer, , with thehe lp of the exportopinion of a po l i ce - ,o f f i c i a 1 , ha s cc nc1ud ed -that the inferencesdrawns-by • shri Arun Shcuriein his article*.."TheSrinagar fire vjhedunit"published in India Todayof 15th September/ 1983,have ,not been proved. OnShri Shourie's assertion

"that "true, to formj curvigilant press has not •discovered moire than mere ~ ,oral testimony", he says"Has .Shourie'-s 'own 'vigilance led hfm anywhere?",

Of Political Economy: The Statesman:Measures To VJin Electoral Delhi, October 1, •Support. 1983,p«6.

Search For a l l i es . 'Ihe Statesman: %. Delhi, October i; \

Regarding the two opposi- 19837p,6.tion alliances- the UnitedFront and the KtDft, which arcfurther searching for " ^electoral a l l i e s . . . '

Congress (I) scores- over "National Iierald sNewNTR Govt,

State of opposition

Statemate In Assam:Ket,d, For A FreshIni t iat ive.

The author pleads for arenewed effort to solvethe "problem, of foreignnationals.

Delhi. October 1,1983, p.7,

Nat io ral Heralds'New* Delhi, Oct. 3,1983,p.7.

The Statesman:Delhi, October 3,1983,p.6.

AUTHOR

Editorial

Editorial

Editorial

Editorial

Editorial

Rangarajan, R.

Editorial

Sahay, S.

Editorial

Editorial

REFERENCE

Image Without Content. The Statesman:Delrf±,October 3 ,1983 ,p .6 ;

Regarding t h e rocentor-ganisat ioaal changesin the Congress {I) .

Terror in Eunjab Indian ExpresstNew- ' ' Delhi , October 3,1983/Regarding the p o l i t i c a l p . 6 ,Si tua t i on in. Punjab.

At c ross purposes. Indian Express :NewDelhi ,October 4,

Regarding the opposition 1983,p.6.conclave a t Sr inagar . • -

P a t r i o t :Kew Delhi ,October 4, 1983, p . 2.

Parl iament .

Regarding the necess i tyof the par l iarnentarycommittees, '' ,•

A Tough Of Firmness. - Indian Express:NewDelhi, October 5,

Regarding .the poli t ical 1983,p.6.situation in Punjab.

Opposition'Conciave:Room For ConstructiveRole.

Akali dilemrna

••* A Close Look:Bihar's

Pat r i ot: Ne w De 1 hl /

October 5, 1983,p. 2.

Mat i'o -'•al He raid:New Delhi, October 6,1983,p.7. ' . '

The StatesmansDeih±#

Constitutional Fraud. October 6,1983?p.6,

Limits Of Tolerance.

Regarding the pol i t icalsituation in Punjab.

Simultaneous Poll.

The Statesman:Delhi,October 6, 1?83, p.,6.

The Hindustan T-itriesNew Delhi, October 7,.

Regarding the suggestion 1983,p.9.of the Election Commissionthat general electionsto Legislative Assemblies'and the Lok Sabha to. beheld simultaneously,, "

Contd, . .

AUTHOR

Abr aha m/ A . S .

sartorial

Editorial

Editorial

Editorial

- 14 - •

TITLE' REFERENCE

Congress (I)' Bestirs The Times of India:/"itself; Mr,Rajiv Gandhi 1-few Delhi, "etchesr 7.Builds His Base. pc8v • • - '

-Rura l Punjab's v erdic t National Herald?New Delhi. Oct., 7/.

Regarding Panchayat ' 1983, p.,7.,elections in Punjab.

Shot In The ^ra, The Hindustan TimesrNew Delhi, Oct., 8,

Regarding the victory 1983,p«9.of Stiri VirbhadraSingh, Chief Minister ofHimachal Pradesh,fromJubbal-Kbthai constituency. \ ~""~

•*Wfelcome Firmness

*Firtnness At L a s t .

The I-Jindupt^.n Tipie s .New Dolh i , Oct« 8,1 9 8 3 - p . 9 , "

e s ta tesman- .Delhi , .October 8, 1983..

Editorial

Editorial ,

Editorial

editorial

Editorial

. *Under P r e s i d e n t ' s Rule, The Times of I n d i a^ . .. • New D e l h i / O c t . 8 ,

1983,p.So

*Ieyond P r e s i d e n t ' s Ruleo I nd ian F,xpresi:NewDelhi, October 8/1983,p*6, . • : • .

*'ihe real culpri ts ,

*Punjab. •

KatioI'ial Herald.:New D t l h i / O c t , .8/1983-De1* ,

. Patriot jNev; Delhi /

. ' . ". OctoiB r 8, 1983.- '*Regarcing the imposition..-. •,. p» 2,,of. President's, rule in.Punjab.

Vijayawada To Srinagar. The Times cf IndiaNew Delhi, °ot, 8,

"Regarding the opposition 1983,, pfl 8,,conclave at Srinagar, , . ' -

GontiS . , . . , .•>

AUTHOR

- 15 -

TITLE

Sahgal,Nayantara Democracy Adrift.

- Trie .author expressesher conviction that

• - only .alternative toautocracy is a two orthree party system witha national reach.

REFER5iS.CE

The StatesnenrEtelhi. ,October 8, 1983,.

Sinha, B.H. The Games -GovernorsELav.

Indian,. Express (Magazine)New Delhi, Oct.oba r 9,1983.p.5,

The author says thatmostly governors have " -themselves been instru-mental in losing therespect that their office'once commanded,.

The Game In Bangalore. The Sunday Statesman- :Delhi, October 10,. •

Regarding the polit ical 1983, p,6 „scene in Karnataka.

Tilak, Raghukul Jay a Prakash ifirayan;. The Sunday Statesman:

Editorial

Editorial

The Road To TotalRevolution,

Stresses And StrainsIn Srinaqar:

Delhi ,October 10,1983,.p.6 ,

The Hindustan Times/Wee kly % New Delh i ,October 10 /1933 ,p .9 .

Tharyan,, p.

Editorial

Chaopra,, V.D.

Regarding the oppositionconclave at Srinaqar,

Governors':Square Pegs The Hindustan Times:-In Round Hol New Delhi, October

.1983- TD, 9 „

•Party Game in Punjab. Patriot;Mew Delhi,- • October 10,1983,-

p . 2 . •

Left On Sl ippery ' Road,. Patr iot :Kew Delhi,October iO, 1983, p . 2,.

Regarding the oppositionconclave a t Srinagaro

Contd,

- 16 -

AUTHOR, TITLE

Ncorani, A,G. Mrs. Gandhi, Moscow ."6CFI - I. *

N o o r a n i , A,G,

Editorial

. Editorial

Menen, N. C«

Editorial

Vijaya, C,N,

I rid ian Expro s s s NewDelhi,- October 10/1983.-p.6.

.Indian Express:NewDelhi,October 11,

Mr s» Ga ndh i . Mo s c cw & •CPi . - I I .

tSrinagar Consensus. Indian Express:New' . • Etelhi> October 11,

a983.-p.,60 .

^Consensus At Srinagar The Statesman-.Delhi,October 12, 1933,

^'Regarding the cpposi- p*60t ion conclave at Srinagar, • • .

Pacification OfPunjab.

Faceless Front.

The Hi ndu s t; n Time s ^.Ifew D--:lhi; October 12,1983, p, 9,'

The Hindustan Times tNew I>-1 hi , October 12,'

Regarding the - position '1983,po9»'of United Front,

Karnataka Newslottor : The Statesmen iEelhl,Opposition Offensive . October 12., 19831AgaiTist Government. p .6 .

Jain, Gir i la l Centre-State Relations; The Tirnc-s of. India:

•Editorial

Ran gar a j an, R,

Editorial

Sahay, S.

No Fool -proofSolution.

"*Conclaves for what?

Now Delhi.-October 12,1983,p.8.

Nat i cnal He raid s NewDelhi,. October 12,1983,p,5.• • •

*Conclave :Dif fusion Of Patriot :NewFocus, .--. '

To Save Punjab. .

*A close Look:A MixedBag Of Proposalso

^Regarding thr oppositionconclave at Srinagar.

Qctober 12, 13 8 2!,,p, 2•,

Pa t r i o t : Mew Pje 1 h i ,October 12, 1983, p". 2*

The Sta tesman;DeLh:Octo bs r 13, 19 8 3, p . 6 ,

Contd, ,. . .

AUTHOR

Saohu, J ,N. '

- 17 -

TITLE REFERENCE

Cab ine t Expans ion HP Ir-d-ian E x p r e s s :CM!-s d i f f i c u l t t a s k . Now D e l h i , O c t o b e r 1 3 /

• . . 1983,p,-,6_

Editorial"- ' Spare a thought for Indian Express ;New •Assam*. . Delhi, October 13-

Regarding the p o l i t i c a l 1 9 B 3 ' P » 6 * ,.scene in Bihar.

Kalhotra,. Inder HisWse Of Governor's The Times of Ind ia t^Office; Debate Too I s Nev; Delhi, October 13Flav/ad. 1983,, p»6,

Kardaley /Prakesh Eatil family'drama over Indian Express:.NewSabha s e a t . Delhi.October 14, . • '

1 9 8 3 , p , 6 , •- . • •

Edi to r i a l

Mcnon,N«C.

Gpyal,;D»R.

Satwik, P. K.

Editorial

Editorial

Turn For The Better? The HindustanNow Delhi., ^c-cobar 14,

^Regarding tha iiripcsiticnl9G3;. p... 9»of president 's rule in- ' -Fun jab. .

Conceptual" And OtherMyths,

Regarding the oppositionconclaves.

Lessons' from Punjab;Politics of nationalun ity.

The Hindustan" T irre £New Delhi,, October 15,1983,p.9,'

Nat i i na 1 He r a 1 d i Ne \Delhi,October 15,1983,p.7.

The s igni f icance of National HeraldsNewBombay AICC mo,te • Delhi/October 15,

•" 1 9 8 3 . ; p , , 7 , • '•The StatesmanjENo Principle OfOctober 15.. 1983,

Regarding the oppositioncone1 ave at Srine gar.

/.kalis At TheCrossroads.

Tha Hindustan TimesNew Delhi/Octobe r1983, p.9-.

Contd . 4.. .

J *. < . . ,AUTHOR TITL.E REFERENCE'

Editorial

b :t:7. -i -]

Gandhi, Rajmohan

Chopra, Pran.

Editorial

'Sethi, Lair i t .

S t i l l Confront at icnisti.'

Regarding poli t icalsituation in Assam.

.Itie Congress, Party, tbenand now. .;

Punjab and t h eOp po s i t i o nV

i D oublc -Tal k.

Regarding situationill; Punjab.

- Where Wil 1 Mrs . Gandhi-r*noth er Meda k?

fihig- Ti/nas of I n d i a :New Delhi , October ,11983 ,p .8 .

d ian &<pre s s : NewDe Ih i , Octobor 18,1983,^.6.

Indian Express*NewDelhi, October 18,.1983,p.6,

Fatriot:New Delhi,October 18,1983, . .p. 2.

•Adhikari, Gautarn

Regarding the prospectso-f Krs .Gunohi and haf •• %party in the next Lok

:Sabha elections.

Orthodoxy Vs.Mod^rnisat ion; Punjab;HighlightsLarger

The statesman :Itelhi,Octob>>r 19. 1983,p.6,

Tirres of India;New Delhi, October i1983, p;e.

Kr i shn a mu r t h i ,

Ram Chandra

Regarding the cr i s i sin >\injab.

Factions plaque HcgdeGovt. ' - —

Himachal NImpressive Victories ;

For Rival Parties„

Regarding the outcome.of the Bye-electionsin Himachal EradesH'-'--'\;held on °ctobex' 5.

National HeraldsNewDelhi, October 19,1983.p.7. ,

The Statesman:DelhiOctober 20,1983,p. 6.

Contd....

AUTHOR

Kid vja i , » i n s e r

Das,Sitanshu

Editorial

Maheshwari,• S.R.

R.G..K.

Abraham, A.S.> • ' . .

Editorial

Deora,Murli S,

- 19 -

TITLEe — i

Alliances old andnew.

Regarding the twe-al liancas formed by theopposition parties." ^

Pro sidont's Buie:Time For Changes- inFun jab.

Clearing The Decks.

REFERENCE

Nat i o na 1 Ha r a I d : Ne wDelhi, October 20,.1983/p. 7 .

The Hindustan Times:New' Delhi , October 21,1963,p.9.

Regarding the powersof "the Elect ionCommission with referenceto .\ssam elections*

ind ian Express:NewDelhi, October 21,1983, p.6.

The States -0*nd Delhi:v?ny The Blame Should 'Be Shared.

Re gardin g Centre-S ta tere la t ions .

The A ICC Then ;Now

The StatOctober 21, 1983,p .6 .

The Times of India:New Delhi, October 211983,p.8.

The Pol i t ics Of. Terror: The. Times ef -India:Implications Of Punjab New Delhi, °ctober 21•Extremism. -• 1983, p .8 .

Handle with Care _ .The Times of India:New Delhi, °ctober 2]

Regarding the si tuat ion 1983, p ,8 .in Jammu & Kashmir.

Hegde Faces Rough,Weather.. •

Regarding the* po l i t i ca lscene in Karnataka»

Pat r i ot : Kew De In i ,October 21,1983,

Bombay plays unique The Times of India:role in the l i f e "of New Delhi, October '2\Congress*- . 1983, pp. 17, 19,'2O,Regarding Bombay's role 22-24. • -in t h e ' h*Lstory of Congress . " '•

- 20 -

I PA. . Ass am-Typo ProblemIn Bihar.

The foreign nationalsproblem has beenemerging in Bihar'snorth-eastern d i s t r i c t salso.

Choice For The Akalis

Regarding the situationin Punjab.

Mai hot ra, Inder. ,MCC Over The Years?Back To Bombay..

Editorial

REPEREfiCS

Patr i ot : He w pe 1 h i ,October 22.. 1983.,

Cowshish,Atul '

Editorial

Editorial

Rajasthan Newsletter:All Quiet. On TheDiss idents ' Fronts

Bhajan La i ' s Gain,

Regarding the p o l i t i c a l.scene in Haryana,

Assam t r i b u n a l s .

Tne Sunday Statasrcan:Delh'i, October 23...

The Times of jpMe w De 1 h i , Oc t obe r 2p1983,. p , 6 .

The Statesman,. iQsOctober 24,. 1 ' .''1983,^.6.

The S t a t e s man ; De 1 h i ,October 24., 1933,

National HeraldsDelhi, October 24^ 198:

Kumar, Pr::m, Haryana Newsletter5Po l i t i c i ans As BuyersAnd S e l l e r s . - ' \

tha political

The Stacesman;Delhi,October 25, 1983,-

scene in

Morion , ' N , ,C»

Editorial

Editorial

Stirrings Within TheConores3-1,

*No Bl ac lvina i l e

•••*A Timely' Offer,

*Ragar<3ing the Akali. agitation."

The Hindustan Ti-^s:ivie w De 1 h i , 0 ct obe r - 2 51933,p.9.

The Hindustan Times.:Nov.; Delhi, October 2E1983, p, 9 „••

The Ti.rnos of India:New Delhi , October 2(1983,p,8^

Contd ».. .

AUTHOR '

Kidwai, Anser

Rangachari, K.

Khar e ,Harish.

Datta-Ray,Sunanda,

Edi to r ia l

Kamath, M. V.

- 21 -

TITLE REFERENCE

Congtess r c l a :The National Htrald:NewChallenge. . Delhi , October 27,1983,

Regarding All India ' 'Congress Committee (I) ' s •.sess ion in Bombay. -

Homespun Social ism: The Statesman:Delhi ,Nowhere Near A,-Wei fare October 28,1983,p«6«

''State. .

Regarding the proceedingsof the session of the .,AICC(i) in Bombay. ' • .

Voice Of Dissent:A The Hindustani Times:.Marxist View Of Punjab. Ne-w Delhi, October 28, .

1983, p .9 .

Congress To The The St? tesmantDelhi/Rescue :Opening Salvos At October 29/-1983,KUrukshetra. pa6. *

About the proceedings of •<the AICGCl) session in -Bombay.

The Cv.ste Equation. The Hindustan Times:New Delhi, October 29,

Regarding the expansion 1983, p.9,of Biher ministry.

Wooing the electroat^e. Indian Express ^MsgazintNev; Delhi, Octoba r 30,- /

The author says-"It is 1983,p.2.tine that the Oppositionpertics step sniping ateach ether. That can • .only serve to -confusethe electorate which is -anxious to see theemergence of an alter- *-native to the Congress(I)".

- 22 - .

I I

Judgments of High Courts in six uloction• ' . •#»

petitions wafo rocjivod during October, 1333,

Of thjSu, two oloction petit ions p.jrtainod to

Haryana <>tat ,-,nd oru each to tho otatos of

Rajasthan* Ifenipur, Uttar Pradesh and v/^st

Bonsai* Ono 'jloction potition r j l vb:lng to t>.i

3-G;.ito. of Hary'ona was allow jd "by'th.' High Court

whoroas tho. othor - 1 action petitions woro

diSH3is6Gd= Gists of thoso j-ud^Qmts ar..;- g~

in tho following pagos.

- 23 -

In the High Court Of Punjab and flaryana at

Chandigarh

(Election Potit ion No. 10 of 1982)

Umar Mohammad &3 others. ys^ Petitioners. '

Kabir Ahmed and15 others. — Respondents. .

She'.election petition was filed by d/shri

Umar Mohd., Fazru Din, Ibrahim and Hassan/ 'the

electors of the 59-Iao.ru Assembly Constituency,

challenging the election of 3hri gatiap *;hnksd to

tho Haryana Legislative Assembly from tho said

Gontrisituency during the general election hold in

fMay, 1982. 'Jlhe election of the returned candidate

was challenged on .the solo ground that the

nomination paper of another candidate Shri Hahim

Khan'was wrongly rejected by the Returning Officer*

'Ihe case made out by tho petitioners was

that in the nomination paper, 3hri Rahim J",han had

stated that his name stood included at serialof ' ,

No. 323/part 57 of- 5.9-laoru iissembly Constituency

whereas actually his name stood included in the

electoral ro l l of 58-5Tuh -issigmbly Gonatituency.

However, the certified copy of the electoral

ro l l , filed alongwith the nomination paper, showed"

that the name of the ShriRahim Khan had been

' entered at serial No.525/port 57 of 58-Huh

' ' ? - 2 4 -

of nomination papers, when this mistake w s

noticed by the Returning Officer, Shri Rahim

Khan offered to correct this clerical error

the Returning Officer did not allow him to do '

so and instead rejected his nomination, papc^ •'

I t was asserted that the nomination paper of

•Shri Khan was illegally rejected particularly

when the Returning Officer fully knew from, the

certified copy of the electoral ro l l attached -

therewith that Shri Khan was a registered voter

in 58-Huh Constituency* . ., • • • • ' .

.So far as the allegation that tho

Returning Officer did not allow tho candidate

to correct tho mistake is. concernods the High

Court held that there was no evidence on the

record to substantiate it . ' The Returning

Officer who was examined by tho petitioner, .

catogorically .state^. that the mistake was pointed

out to the -candidate'who stated thao he had no

objection" if his nomination paper was rejected*

ihe real contest between thu parties was,

^however, on tho allegation'that the said error

in the nomination p.aper, being a tOchnical one

and not of Substantial nature9 ought to have

bee'nxignored or got corrected ty the Returning

Officer of her own. Quoting from the judgement

of the • 3upreirie Court in Master Oonstrcetion

Co. (P> Ltd-.Vs. State of Qriasa-and another " •

- 25 - ;

(A,I.I^19O">, 3.0.104-7) the High Court'hold

that the error in. this case too was of c.lorica.1

natune. - Relying on 'Gho judgements of ~]y. duor

19q8 ^«C»1179) and ^rim^^^dosh^tiin^-i Vs* ^

Bevi U.I-.It. 1.972 xi.0,530) -,tlio Kish Ooui-t

"xho orror in tho present case roIat-K) i;othe oloctoral ro l l niaabor and aa »h.oluabove waj of a. clerical, natixi o, 1: jlioHo turning Officer had performed bar duty,imposed by 3ub-3action (4) of 3jction 55of thy Act diligently, she would discover-this mistake and gat i t correctod« jivonif tint-Wai not dons,-tho mi^tako b;,ingof a clorical natura and ro±atin.r; ^o^•lootoral roll number is squ-T -.iy coveredby the proviso and a such i t . oa d becorrected or. overlooked" by the x'jy:^xrrd.:'igOfficer, ouch a defect, th,ro3a;r >? vomanot bo of substantial nature wxtnln• th.omeaning of section 3o(4)of *the ^c;;--.^««"

3ince i t was decided that the defect, in the

nomination paper of rfhri iiahiia Khan v;as not of

substantial' character* . -'J./IO Hig>I Co-art held.

that the nomination paper of 3hri itahim -Khan-

was improperly rejected^ I t , therefore,

allowed the election petition with costs, mid

sot aside the election of the returned

candidate wide i t s ' order dated 8th April,' 1983*

In the £igh Court of Punjab and Haryana at

Chandigarh

' (Election Petition Ho, 17 of 1982)

. •'-' Sumor Ohand Petitioner

Tors us .

others ' .Respondents

The election petition was filed by 3hrt

4uraar. Ohand, a defeated candidate, calling in

question th,• election of iihri Sfciv&P&rshad to the

Haryana Legislative Assembly from 9-«iiribala City

Constituency in the General Election held in May

1982. -i-'he Petitioner challenged the election of ;

the returned candidate on the following main v

grounds:-

. (i) that the olcctorr.1 ro l l of the constituency

on which th^ election was hjld was defoctivv

Large number of voters, whose names Woro

.included in the previous electoral r o l l ,

wore deleted from this electoral r o l l •

without following the procedure 3aid down

in section 22 of tho il.P.Act, 195O» though

they wore s t i l l residing in the Oonstituencj

N-anjs of about 330 voters w. re included

. twice in parts 31 and 52 of the olectoral

r o l l uid they cast their votes at both tho

polling stations in favour of tho returned

candidate, thus materially affecting the

result in favour of the returned candidate.

, - 27 -at

that/the time of counting of votes, a

crowd of the support ores of the roturno!

candidate collected outside th~ counting

hi l l . Many of them forced th,;ir entry

into, thu counting hall and influemod the

counting in favour of* the returned candidate.

(•3) that ^hri Dhan *5ingh, Baib ^ibsildar (flections

was present inside the counting hall and

influenced th^ decision of She .Returning

Officer in tho matter of decisions on

disputed questions, though instructions

had boon' issued by the State XJhief Electoral

Officer not to allot any work to him,

X4X-ihat the counting of votes was not fair and

votes polled in favour of him and others

wore put in th^ bundles of tho returned

candidate- and that his request for a general

recount was reject .d by tho -Returning Officer.

(5) that tho returned candidate'• and others with

his consent published a statement o'f fact

in relation to his(petitioner'o) personal

character and conduct to prejudice tho

prospects of "che petitioner's election*

(a) that Shri Kirpa -tiata, ag^nt of the

returned cand id ate, distributed liquor to

voters on .getting a promiso fron thorn

that they would cast their votes in

favour of th-j returned candidv:to«.

" • • ' - - 2 8 - . ' '•

On tho basis of thjso allegations the petitioner

prayed before the High Court that, the 'election of tho-

returned c-indidato be c- tlar-d void* The entire, body

of ballot papei's bo orderjd to be re-chocked and recounted

and on the basis of . the correct counting done under

the supervision of the Court, he '; • declared duly elected

to the Assembly.

As regards the f irst allegation regarding defects

in tho electoral ro l l , the Court • observed that the

petitioner or the persons whose names wore eliminated

from tho electoral ro l l did"iiot r.iake any effort to. got

their names included in the, electoral roll,, though

provision existed in the Hules to do so. Holying on •

the observations ra.ido in "Itripendra Bahadur. ingh Va°

Jai Ham Verma & Others U.:;«il. 1977 '&«G. 1332), The

High Court hold chat the l33?otitionjr for his own

inaction or the failure ofw any other person to take

action at tho appropriate tiiii-j t;o got ..the electoral

ro l l corrocted cannot b.j perm.'.ttod to question the-

process of the succesfully completed election" and'1,

decided the issue against tho petitioner, Jho

Court further observeds-

- 29 -

"There cannot bo' -ny controversy about thisposition as s,uttljd by the 3uprono Courtthat tho electoral rolls bocorao final if . tho

'mistake in i t :xcu hot rectified aid. orrissien from tho oloctox".l rolls, IXCG notgot corrj-ct^d within tho specifiod' tino»-Ihis cannot bo quoationod at a later stugoby tho unsucco«3i3ful candidate or anybodyyspousing his' cause by challonging thooloction of tho returned candidato byway of aloction petition . . . . . . " .

Tho 'allegation about tho entry into tho counting

hall of tho crowd favourable to tho returned

oould not bo pi*ovod from any indopondont souroo and

thus, that idauo was decided against tho pet

•-is regards tho allegation about tho prosonca

of Shri Dh-' n viinghy iSbib IDah ildar- (Sluotians), in •

tho counting hall, tho Oourt boliov^d tha statonionfe

of tho iioturning Officer . . . , . \ ,

30

who deposed that 3hr± Dhan ciingh, though, present

in t»ho counting hall, waa not Coufc-JLtocfiuring the x

counting of voces. HJ also showed ignorance ibout

any order for not associating 3hri' Bhan >->ingh

with any eloccion work, oincu tho petitioner

had no,t ovpn alleged any bias of Ohri Dhan i*i:igh

in favour of the returned candidate or against •

him,, the Court d cided this issue also agsinst

the petitioner.

»vs regards tho allegation that the counting of

votes was not fair and non-acceptance of iixs-

roquoxit for rechecking and recounting of a l l

votes cast, the Gourt observed that the sample

checking of votes polled at six polling booths

did not reveal any discrepancy worth noticing

except in one "booth where 24 votes were wrongly

counted in favour" of 'the returned candidates

I t , however, did not find this lone lapse as

sufficient gound for ordering total recount of

ballot papers. .Relying on the principles enunciated

in Bhabhi Vs. >Sheo Goyind & others, (A.I.E.

1975 ^•0.2117), i t recocted .the prayer of the

petitioner for total re checking and recount

of ballot papers. It also "troheld the decision .^ojacting th••; application of'tho potitiontr

,of the Returning Officer/for the total rechccKing

of tho ballot papers before the announcement

of the result. Jhis issue was, thus, also *

decided against the peritioner.

—. *3 1 —

As regards the' allegation about the

publication by the returned candidate a st^tatitnt

about the character of the petitioner, the Court,

after going through the statement and other

.material/ observed that since the petitioner crossed

over to Congress (I) when hi^ former companions in'

Janata Party still owed their allegiance to it/ the

term "Dal Badloo" (defector) ured therein was not

inappropriate. This-was a political conduct of the

petitioner end did. net touch his personal character.

The Court, therefore, decided thio issue against

the petitioner.

t+s regards the 1 ist allegation regarding the

distribution of liquor, the Court, after examining

the witnesses, held that the -petitioner could not

prove it beyond doubt. The evidence was weak* So

this issue too was dacic.ed against the petitioner.

Si'-ce none of the allegations -levelled by

the petitioner against the returned candidate/election

machinery was :proved, the High Court dismissed the

election petition v.'ith costs vide- its order dated

23rd May, 1983. ' N

- 3 2 - • • " - . -

In the High>r'Court of Judicature" for Rajasthan• Jaipur Bench, Jaipur.

(Election Petition No.10 of 1980)

Sobha Nand . . . . . . . Petitioner

Versus . • •

Hazari Lai & Others. ......Respondents

The election petition was filed by STiri 3obha

Nand, an elector :Of the constituency,, calling in

question the election of Bhri Hazari Lai to the

Reijasthan "Legislative •'^sembly from Pilani constituency

in the general election held in 1980.

The main ground on which the election of the

returned candidate was challenged was. th-t the

respondent 'No. 2,,Shri Sheesh Ram Olri's name? in the

l i s t of contestants had'."been fraudulently and illegally •

withdrawn by one Shri M'.ihendra Singh and thus the l i s t

of the contesting candidates was invalid. This

was said to have materially affected the result

of election. . . . . . ' .

The case was that '^hri Mahendra bingh, proposer

of bhri Sheesh Ram Cla (respondent Wo. 2)' for Pilani

Constituency, filed the notice of withdrawal before

the Returning Officer in time. The notice did not

bear the- signature of the candidate. I t was

; - 7 . Contd...

- 3 3 ~,

signed by Shri Mahendra.Si.ngh as proposer. The

Returning Officer accepted .the withdrawal of

the candidature of Shri sheesh Ram "Of a and after

the date of withdrawal, a list of the 'contesting

candidates} without the name of Shri Sheesh Ram

Ola, wa3 - published. The next day, Shri Sheesh Ram-

Ola filed an application alongwith affidavit

before the Return'ing Officer mentioning therein

his candidature from Pilani constituency had

been fraudulently withdrawn by an unauthorised

person and as such he should bo permitted to contest

the election from the constituency.

The petitioner a -qued that the notice,

though in the prescribed form, did not be^r

the signature of the candidate and as such it could

not be treated as a,notice of withdrawal of the

candidature by Shri Sheesh Ram Ola. The improper

withdrawal of the candidature of Shri Sheesh Ram

Ola should be equated with improper rejection of his

nomination papers as the effect of such a withdrawal-

was that Shri S'heesh .Rain Ola was ' Kept out

of the contest and the electorate was

deprived of the right to vote for him.

Contd....

- 3 4 -

The High Court, however, did not accept

the plea that the candidature•of Shri Sheesh Ram

Ola was fraudently withdrawn. The Court observed :

- , " Sheesh Ram Ola is a party to the election

.. >.- petition —He was. cited as witness

.by. both the parties but none of them

' ' « produded him If he wanted

the election to be set aside or to

; assert that his candidature was

-fraudulently withdrawn without his

Permission,, he could have entered

into the witness box. " ;

The Court also^observed that there was no

provision to show that wrongful acceptance of

notice of withdrawal would attract the penalty

of declaration that the election of the re-

, turned candidate would be void. . Therefore, the . '

"High Court vide its Order dated 14-6-1983

dismissed the election petition without cost.

Another Election Petition (No. ' 11 of 1980) was filed •

by Shri Katewa Mool Chand, a defeated candidate,,

challenging the, electiop of Shjri Hazari Lai to the4

Rajasthan Legislative Assembly from the Filani Assembly

Constituency on grounds similar to the ones enumerated

in .Election Petition No. 10 of 1980 above* This

petition was also dismissed by the High Court vide i t s

Order dated 14.6.1983 without costs."

-•• • • - 3 5 -

In the Gauhat.. High Oourt

(High Court of Assam, ^agaland, Meghalaya, Manipurand .Oripura). ' .

(3lection Peti t ion . 3fo.4 of 1980)

Shanadum Bira Singh Peti t ioner.

Vers us "

Ktangembam i'Jaiiimohan .3 ^ c others. • xiespondentv**

-Ohe election petition was filed by 3hri ^h

Bira 3ingh, a defeated candid...te, calling^ in question •

the election of iihri Khangembam Maniinohan ^ingh to I%nipur

Legislative Assembly- frOui 29-Kumbi Constituency in t-he

general Election held in Jo.nuai-y, i.930'. J)he returned

candidate had polled 2?oS0 'votes n *r\ the petitioner 2,543

votes. Thus the petitioner los^ the election to the

returned candidate by a margin of only seven votes.

. i?he Eiciiri ground on which the election of the returned

candidate was challenged, was that T. number of persons,

whose- names were enrolled in the electoral "rolls of more

th .n one Constituency? h-d voted in more than ongassoubly

constituency in violation of sub-section(3) of section 62

of the'•ii.P.^ct, (1 951 • ^o their votjs in al l those

constituencies, according., t© pecitxoner3 hid- become void

as tnose persons had voted in favour of the returned

candidate and that their votes had been wrongly counted.

If these votes wore dc-r" • . --.ed from cho total number of

valid votes received by the returned candidate, his votes

d be lass than that of the petitioner, who should,

therefore, be- declared elected-

- 36 -_, . • ' »

The petitioner, .to prove the allegation, furnished

details of such elector3. Those were closely and in

detail examined by the High Gourt. Due to difference

in names, >g3 'etc., the Oourt held that without more

rroof it could not be said that all thes^ names shown

in different electoral rolls referred to she same person,

oimilarly, the petitioner could not give j.ny proof ofi t • •

double voting -aid also could not produce any contempora-

neous records or material in proof of the allegation.

Durin'g the t r ia l in the Oourt, only two voters admitted

that thoT" -TOted ia mom than OIB constituency, "but even

this, was not certain that they had so voted. >3o the

Oourt held that their votes, cast in the constituency,

were not void.'. . ' •

-Che election petition was, therefore, dismissed -

with cost by the High Oourt tide i t s order dated 22nd

, 1383- ~

In the High Court of Judicature at AllahaLad ' •

(flection Petition No< 32 of 1980)

Raj Iferain Dubey —-- Petitioner ••

Versus - ' •

Dhani Ham Verma Respondent.

•2he election petition*was filed by 3hri Raj

Narain Dubey, a defeated candidate,, against the

election of dhrl Dhani Rain Verma to the U.P. Legis-

lative Assembly fr,om 201--Auraiya Constituency in

the general election helcTin May /June, 1980.

Ihe oain ground on which the election of

the returned candidate was challenged related to thefollowing •

commission'of the/ • • corrupt practices by him:-

(i) that* the returned candidate gob published

a pamphlet relating to the candidature of

. the petitioner which prejudiced the

prospects of the latter's. election; and

(ii> that the returned candidate procured,and

used vehicles for the free conveyance of

voters to and from various polling stations.

.J"he respondent contested the petition and •

denied that he had committed Che alleged corrupt

practices.

As regards che first allegation regarding •

publication of the pamphlet, the respondent attemp-

ted to prove that no such pamphletsvwere distributed

and that it was fabricated later by the petitioner

for 'the purpose of the election petition. i'he .

. "- . ,, . ;. • - 3 8 . - -.\ . . . '

petitioner, on the other rhand, filed a*copy of

another pamphlet which the petitioner had issued in

contradiction. The petitioner also produced

witnesses that the Gourt did not believe in what .

they testified as each witness gave a different

version and there was no 'corroboration by any other

witness. She petitioner also told the Court that

the Deputy'District Election Officer was informed

of the distribution of the impunged pamphlets by

the party'workers.;' £he '• Deputy -District Election.

Officer, 3hri Urna 'Nath Tripathis also appeared as

P.W.-5 bub as his statement was prefaced with the

words "as -far as- I remember"}' his testimony created

a doubt and the High Co-urt observed.-

"It also appears somewhat odd that though asDeputy District Election Officer he w5js directlyconcerned with the fair conduct of the elections,3hri Uripathi did not care to ask them to say what—ever they wanted to say in writing or even to takeand preserve the pamphlet in his office, or inform-the' -District Magistrate in writing abow i t . .ssuch, I think, i t will not be safe to place relianceon the statement of 3hri Uma Nath 1'ripathi who wasadmittedly deposing on the basis-of memory only,and nat on the basis of any contemporaneous record,and who himself, qualified his statement with thewords quoted above*" • -.. ,

Since the petitioner could not prove beyond

doubt that the returned candidate had a hand in the

"publication of the impunged pamphlet, the issue w«

"decided against him., ;

- As regards the second allegation regarding .

the use of vahicl.es for the free conveyance of

voters, the returned candidate denied i t . J}he

- 39 -

petitioner, however, produced witnesses in his

support but choir stauepents did not inspire

Confidence and the Court opined that the petitioner

had failed to substantiate his allegation.

J&Lying on the observations made by the Juprerao

Court in M. Ifarayana Itao Vs. G. Yronkata Ajddv

(A.I.R.1977 30.208) chat "the Oourt should be

very careful in scrutinising the oral evidence r

'•': and should not lightly accept i t unless the

evidence is credible, trustworthy, ^ tu ra l and

showing beyond ;dQubt the 6'oemission of corrupt

practice, as alleged", the High Court decided

this iseue also against the petitioner.

Since the petitioner failed to prove the

allegations levelled against the returned .

candidate, the High Court disoissod the election

petition>ido i ts order dated 12-8-1983 ^nd

d'irected the parties to bear their own costs.

40

l a tile iltgh Oouet -of Calcutta

Petition No. 7 of 1982)

Purannal

Mojaamaad Hamjan Ali"& o t h e r s . ••

Vers us

Petitioner

_• Hepondents,

•I he election petit ion was filed by olxri- Puranaal

Maheahwari, a defyatei" candidate, calling in question

•feiie election of cihri Mohammad itaiaj^n .Ali to the vieat

Bengal Legislative Aaaeibly from 2J~Goalpokhar Cona

in the general election -held in 1982* \

v/hen the case carae up for hearing, no one appeared

in the Court. £he High Court uherefore, didirdssed x;he .\ -

election petit ion for non-pros ecution Tide i t s order'*

dated-1nth August, 1383.

- 41 ~

" • - ' CHAPTER - 11-I

Cases-of disqualification

Shri Om Prakash 3a Sabu of Ujjain in a petition*

to the Governor of Madhya Pradesh alleged.that s/Shri Ram

Ratan Cha.turvodi, -Bhagwan' Din, Mangal S ingh Jalav, -Mchanlal

Choudhary, Takkam Singh M;.rkam and Smt.Rashmi Duvi, a l l

s i t t ing members of the Ia::dhyaN Pradesh Legislative JiSsombly,

had become subject to disqualification rsj ntioried in sub-

clauso (a) of Clause (l) of ar t ic le 191- of the Constitution

of India on the ground th~>t they wore holding offices of

profit under the Government of Madhya Pradesh by virtue, of

their appointment as Directors of Madhya Pradesh Rajya

. Sahakari Bhoomi Vikas Bank(Maryodit) . The Governor referred

the question to ' the Election .Commission for its 'opinion and

on the basis of the opinion tendered by 'it under- clause (2)

of ar t ic le 19 2 of the Constitution, direct.jd that none of

these six members of the State Legisl .'tive Assembly had

incurred the disqualification. The order of the Governor

alongwith the opinion of the Election Commission is

reproduced in ;*nnexuro -I*

- 42

Dux ing the mcnth under review, one hundred and ten'J ' • • •

candidates were disqualified under section 1OA

•%of the Representation of the People Act, 19 51 "for their

• 'i

failure tc .f i le their accounts of election expenses or

accounts of election expenses filed by them were not

within the'titme and/or in the manner required by law*

The names and other particular^ of those candidates

are given; in A

- 4 3 . —

Dated 20 Ju ly .83 .O R D E R

• qu.-stion waa raisod as to whathr ^arvashri Ham Rat an

Chaturvodi, Bha~w m Din, M-n/ al Jingh J.-tav, Mohanlal k

.Choudhiry, i1 akk :m dinrth M.rkan ind Sot. ±£ashi:ii Djvi, a l l

s i t t i n g ia.,io!x.rs of tho Madhya Pr-dosh Lj/^isl .tivv. - ^

(h--r .inaft ;r r ^ f . r r . d to - .s ' th- opposiSu p a r t i e s ' ) , havo

b.co.a; subject to disqual if icat ion n/ntion/d in clause (a)

of olaus....• (1) of . i r t ic l • 19V of tho Constitution of Indi .„

on tho around that ttuy xrJ holding offic s of profi t

Glu Gov rn^jrio of M;idhy :• Pr d .^h by vir tu.aof ch--ir

appointment as Dirjctors of Hadhy i Pradosii rcajya Bahai

BhooLii Vik-,s Bank (M..ryadi;;), r^gisc^rod undor tho ¥.

Pr'.dosh Go-op ox*, --t-ivo- ^oci..oi..s ^ct , 19nO (rfo,17 of 1 9o 1);

»iUd-wh-.'r.- ;.s oh. said question was r-f..-rrod by ohi'i Out

Pr ^k.'.ah. Jabu of U^jain through his p._. cition drc d oh. 3^th

Djc,^ib.:r, 1981, support d by two affidavits d:.t.d 3D-12-8*

and 8-4-82, to m-• for decision;

**nd wh:r-as th.j i3l-.-ction OoinmiuBion of Iraiia/ .if tor du.

enquiry i a r i . T nc, cis.- :!o.7 of 1982, v i a . i t s opinion* ..

e it a ch. 9th May, 1983, r ,-cord.d, on issues fraraod by

i t , findings to th ; following effect, naia^ly --

"Issxi: No. 1-i\Ton.: x£ cho opposite p?xti JS i's holding

an offic ; , ' -,v-,n l , s s so, _n offico of profit und^r th., -

• Gov •rna.nt of M:..dhy.i Praci..sh within ^h- ia..anint' of a r t i c l e

191 (1 ) (a) of oho Ooiis'ci Cut ion of India for th-j reason

thai; th,; offic- of Dir ctor of H.dhya Pr;id_;Sa is-ajya otilia-

k-'x± Bhoomi Vikas 3 .ak (M.;ryadiu) is no z in. -offico und.,T •

tho Gov.rna.nt of Madhya Pradesh and thao uh_ Govoriii'aont • c

M-dhy\ Pr idjsh h^s aj diroct ^rol..- -GO play in.'ch.-.; appoint-

- 44 -

las UJ Jfo. 2-jjyo n a 3 a maia^ f o r t h o a ; , k ^ u f ^ g

opposite parties OTJ holding o f f i c e undur th.i nt

of M.;dhy:- Pradesh uir.j 0-... omission id sacisfx ,a thai: en'; f .,cts

didclos^d in relat ion to tiu six -l^cc.d ^.uib.-rs (c^poaiG,,- •

p. ir t i ;s) show ctti c tluir c.ia.;3 ;xr. fully coy-r .d by oh.

pruvisioiid conaiinud in auction 3 (i) r..;d with'

of : t h . ch'^dulo to th-> i'hdhya Prad j3h

fikirhata ITivsrc ja Adhi/niyam, 19^7. -Oh. O

ildo n--do.it d v a r that Bub-d...-ction (1) of s vction (3) of cho

said J .cf is an' indjp..-nd..-ns provision. -Chough sub-section (2)

2f th;- a aid s - c t i o n ' 3 i s dopond^nt upon, and subj ct to tho *

provisions of.r 3ub-sjc-;ion (1) :oi..;nti-o:a.d abovo, .tho convorsu

is not ' trui;. 'Ih.-r for.;, th.j ouantua of profit, doriv.-d or,

d r ivab l . by th-- iaold -r ox r:n of fie / ii..ntioa._d in "iny of tho

.?ntri-os in th..; och.-dul-: ^c ih: said ^ct ia iiiunatori~.l for th

purpoa j of r-jnoval. of disc;.u^lif ic roion of such holder;.

^nd wbj'roc;S' ch..- iiil-jction Coraiid-ision of India 1:1, ch-; l ight

of its" findings record ,d :m opinion chac x,h>: oppot'ito pca-ti..

naiaoly,' 'zho\^£or.. said oarvasiiri it.un xiatan GiL..turvwdi,

Dinj Mangj.1 oingh J;it-.vj Mohanlal Choudh-iry, f ikk-an J i

M.irkaui and*^at. liaahmi i3ovi, a l l s i t t i ng mjuibors of th-

M:-dhya ^radvdh L^is la t iv ; ; ,*sa jrably, ' hav- nox; b.coms

subj .ct to ch.- aidqualification und^r • 3Ub-claus.j (?.) df-

clauso ir). of-ar t ic le 1 :W o f tho «:-ons oiuution of India

by roaaon of- th.jir ^olnoia.nt as Dir..cGor3of th-, KLdhya

omi,Vi^as- 3r.ak (E-<jryadit)>

- 45 -

^nd wh^rorH undur ci.iud..; (2) of .irticl..- 193 ox shu

Co'.iat;itij.tion of Indi-i, Sh; Governor is r-;quirod to >.ct in

iGGOx-d iic-.-: with th. opinion of. tho ^l.jcti-jn Conuvdssion;

•Now, • chjr.;ior-j, i n oxJrcis ..• of ch ; puw-.jrs conf-rr^d

upon uiu by clause (2) of .irbiclu 132 ^ ohu OonatiuUoiun

of Indi.;., i3 th.: Govuriioj' uf M.- dhy-- Pr^dosh, I h^r^by ox-d^r

th'~t 3arvaslir'i^ lino. j.v-\v.va Gh-vturv^di, Bh^gwan Din, ..Manual

•iiagh Jat -.v, Mo hn.nl a l Ghoudhiry, i'akk.'ira oin^h Ma,rk;.,iu and •

diirfc. ii-i3h:.ii D vi have not bocoia..: subject to d i squa l i f i c a t i on

und r sub-cl'iut5.J (n.) ox clr,U3.: (1) of a r t i c l e 191 of. tho

Const i tut ion of Indx.. ^ . chao ah.- pot ic ion of ohri Om

Prak-sh 3V\bu, in ;hu f ) M ox his p•^it:.o.n- d-it 'd ;h- 30th

B--co;iib.;r '1981, i s docidoct l

t Day.-.ilGovernor,

-fr,idosh.

- 46 -

T IOJI Q P ' L *

Reference 'Case'No.7 of *• I • 1 9 8 2 _

(Reference frora the >Governor of MadhyaPradesh under a r t i c l e 192(2) of the

Constitution)

In ro ,• .alleged disqualification of 3hri Ran-.'•'• - , Hat an Chaturvodi and 5 o-thors, all

s i t t ing ao-maors of the Madhya PradeshLegislative Assoiably° ,• •..

This roferoflcj fron' the Governor' of Madhya Pi-adosh

s-'oks the opinion of tiu iiloction Cocaission under a r t ic le

192(2) of tho Constitution o*f-Jndia on.tlio question whether

3/4hri Ram Hatan.'Ohaturvodj., Bhagwrn Din, Mangal Singh Jatav,

Mohanlal Choudiiary, .'Pakkara Singh MarkaLi and rfiat. ±iashniilteyir

a l l sittin :;; iaGinbors of tho Madhya ±.,.-adosh "' igislativo iissoiub]

.(ruforrod to huro'inaftor as che 'Opposite Parties r) have

bocquio subject to disqttaixxip.atio:.! under- ^ ' t i c lo 191 (l) (a)

of the Constitution by reason of their holding cho office

of Director of tho Madhya Pradesh Hajya Sahakari Bhoorai-'Vikc

Bank (Maryidit),

2- This reference has arisen out of a petition dated

30-12-1981, supported by-two affidavits daccd 30-12-81 and;

8-4-1982, .of. Shri On Kr 1 . h 6ti*n of Ujjain presented to

the Governor of 'Madhya Pradesh in torus of article' 192 (1)

of the Constitution. .

3. Tho rolivant facts of the ease are briefly, stated

as underi-

- 47 -

(i) Ih-j' Madhy.. Prad, sia ii-ogya ^ -^hnkari Bhooai Vik-s

Bank (Maryadit) (h.,r oiiiaft -r r.-f^rr-d to as ohu s

Bank) is a Ooop,,rativj ^ocio^y r .gistor-d under bhu

Madhya Pr.td^h. Cooperative Joci^ti-8 *»ct, 1 9n3-(lJo»

17 of 1K1)* " -

( i i ) l ' i vX-rci^o of ch^ po^ors conforr^-d by sub-3-ccion(7^^

Of section 43 of ;hj M dhy:\ Pr-.dodh Cooperative

ii>ooioti s.. -*ct, 1.9"0, ilu Gov -ruaorat of Fhdhyn PradeBh

-'Otifi-d that uh .. torm of offio- of .ch . t;h n existing'

Mana,'<in^ Oou.aitt--.-s of1 sh.-- said Bank- -xpir ;d fro..j tho,'

d.it- of v ch,.• .notification i . o . tlu 2 ' th lJov,.r.ib-r, 1977>

Sub-s =otio^i (7B) of ojction 49 of. ch- ^ .id -*ct ch..= T.i

-;ipow^r-d chu ii.-f"istr.u* of Cooper..txv.- ^oqi •oi-3 co

appoint" persons co roiiJis- cJ o ^ffaips of tia-j s..iid

Baik, t i l l now -1-ctions of ohe- laanagi..!^- cOii-iCGo, w r-.

h-ld v~i(l -.i-jw co;ini c c -- .-• .J,S J uuv-d oh^ir^j*

( i i i ) In ox-rcis j of oh- aforesaid powers und.-z* Jh - ^uid

sub-sjccion (7B) of section 49- Jh- it-r;is Gmr ..ppo'mtjd

-.lea of oiu opposite prirci-3, her in, :;s Dir .ctor of

th-.. said Br-nik. i i l l uh..,s _ appointii-jnts Wer.j aad-j in

or about Dec-nb-r 1980, ^hai i s , aftor th., opposite

, part ies ver., oljcb-'d'to th-- Mndhya Pi'udosh L.^isl.ac

'As-a.;nibly ac thu ,- ;n .ril 1 ,ction hold in Junj, 1983.

(iv) U:i''or ahj lvi_:ihyi Praa^.'sh Coop^rittsr^ :>ocieSi;3 ^ct ,

19^0, the Registrar of Co-op or ,,tiv.; 3oci.;tijs is •

comp_:t jn^ to fix r :ij.un^r.i,tion payabl ; to such x)ir-jc

appointed by hi a. fhj amount of r^aun-x xtiori is

payabl'j out of thj funds -of tia.j said Bank.

. ~ 48 - . , -

(v) 'Xiu opposite par-Ci^ i.i th. ip -bow capacity ,3 Ch-j

Dip .ctops of ch /^ . i ' I Bulk h.v.j Wja drawing ,,:id

receiving -i-V*«» 2«-*»r s i t t i ng £j:y and Ogh^r allowaao 3,

•-•tct>, on diffyx*.).i# occ-diona -as'pop thu i1.**.. ruloa of

sh-:- B- ak ipprov-.cl by ch. iwgiatr^-C.

4* On th . ploodJUigs of th ;• p ^ t i - p as contain d i i i ' thbir

wrii?t.:n, gt-.1?^a.;!ib3, r,joindjr- s t vc^^onts, otc« :h . followia

y W..TO -framed by th. Ooinmiasio,;! for d/^r;aln

lfo»1 »-»i/h. th . r sh . opposii; .' pja-ti-a -X-J holding

•office of profit is IDi^o/cor'd of th- M-dhya

• vilajya dnhatori Bhoomi Vik :xa Bauk^-Raryadit* und;r

" .\3\ (t) (a) of th- Goiiy oiuution?

ii.t: is uh-j jfi'-^ot of 3-ction 3(0/5^2) -nd i^

of M:ahy . Pp .do^h Vidh ,n H .ad 3. ^ ,d.^/-,

itlv.ir ..a ^dhi^iy .'.c 1 j"7 -ia .i^ndod, on shq

p .i-ti-3?

5. ih^ p xuija woro h^ a-d..;3hrough c-h-ip duly appointjd

on 3rd J uau u~y 1983» ^t th-- h..-jring hold on

'fo«\ ifia:.l-.-irgu^ntJ, oilLy sh...- c->w^-l3 for tho

-rtijd (cihri a* H* M;.thur, udvoc-'it.i Gon^r-l, M-.dh,

Pp- dosh -.lid' dhrl .J»K. J^ln, Advoc^iij) :-.ppo-rJd Mid W-JI-U

hu-i-d. I:^ithor th.. p uicion^r nor iny of iiis couiiaula .

turiuc up* 3pbs jpu^ntly, th J • Commission r /cjiv-d two

t - ' l ^ ^ -.as "o;.i i s th -.pril 1 381 -.vnd'2i3u ^ppil 1933-tlv- fornio

from dhri i*shok J in , .ulvoe .t » :ind th" 1 ^tor s .>-nt jo in t !

by "^hr'i Om Pr ik ,sh dibu (p..; t i t io^r h.roin) :na c»ixri avg .r

m-i.JMLhb-- (p-iJiQionjx- in ^ f u r . ^ C J 0-.a® -To.5 of 1982)^ • -

.c th--* p l t i f i tonora h ;d b.;jn i iapl ic . t -d

by th-3. 3 t t > Gov-r-nao:it . . adp .p^ ra i n ch^-ir

- 49 - ' *'

possession rola t in^to the cases before the Commission had

boon seized. The Commission is separately looking into

those 'allegations. I do not-fool,- howo-ypr, that tho absence

of the -petitioner or his counsel at tho hearing on loth

iipril 1983 in any way prejudiced his ciso as tho written

synopsis of his arguments was roc-ived and is on re-cord*

It has -bo.-n^duly considorod. "

I3SU0 Nb. 1 : ' " ' ••:-,•"•• ;

6. DhQ. question of law raised in this 'Is Suo is >whothor

thy office of Director in tho said bank is an office of

profit under thJ Govornm^ht of L'Lidhyu Pradosh within tho

moaning of articlu 191 (1) (a) of "'the Constitution^

7« "Th.p "'abov-j qujstion is no longer rosiritoqrr.o Similrir

qujstions p.rosd for tho dGtormin:ition-of.-.tho • "Commission in

throo oth.-jr roforenco rocoivod from tho "President of India.

and tho Governor of M.dhya. Pradesh" forenco Casea libs.

i , 2 and 4 of 1982K In two of those Hoforencp Ca^es, .

namely .Reference Cases ftos. 1 and 2 of 198?, the petitioner

was the same person as the petitioner herein ' i .e . 3hri Oiu

Prakish Sabu. iThe. question of law'in thosu^two fioference

Cases was whether the office" of thu Chairman/Direc'., -T'

of the Madhya Pradesh Jttajya ^ah-kari Bank ~(Mary -dit) was -

an office of profit un'der the : Government of I4adhya Pradesh.

In .Reference Case No,4 of 1982 tho Commission considered the

question whether the office of the Director of the Madhya

Pr idosh State Co-operative Marketing ?e.deration, Ltd. w;as

an office . under the Government of Madhya It?dGsh. Tho

appointm-nts to offices of Chairm-:n and Directors in tho

~ 5 0 - . • '

above mentioned Bank and- tho said Marketing Federation

were also nudo by tho fiogistrar "under lake- same provisions

of the M-dhya-Eradosh Co-operative docietios act as'ttu,

vppointmonts of-the opposite parties as the Directors of th<

said Bank in tho present AoforoncQ Case, I h-w-j givon'

tho opinion to tho Pr-'sidont of India and tho Governor of

Hadhya Pradesh in tho abovo' aontionod'^ throo Aoforjnco Gasos

that tho offico of tho Ghairnan/Diroctor in tho abovo

mentioned Bank and tho said Marketing Podor-. tion is not an

offico, ..much loss an offico of profit, undor tho Govornmont

of Madhya Pradesh within tho muaning of «rticlos 102CO (a)

and 191 (1) (a) of tho Constitution, I h.vvx. -observed in my

opinions in those xtoiTor ncj G.i.3 8 +.hat "tho abov-j raentionod

Bank and the s\id Marketing Moderation aro registered Co-

operative Socii'ti-s having a separate entity distinct from

the dtato Govorni-ient, the appointaent of th<j offic^ of

Ohairman/Dirdctor has bec'i made by the iiog.l;3+"rar cf Co-

operative docioties by virtue of the powers derived froa t:

statute and not from tho Government and such .•L*gistrar ;-,."

not an organ of tho 3tato Govor-»iD'mt, the Chairmj.a/Directo.

so .appointed performs functions" for the Co-opvratxvo '

Society md not for the Stafc-- Governmon; aacl -that tho

romuneration payable to him is also paid out of tho funds,

of the concerned societies*" Accordingly, I have hold

that tho Government of Ma-JV :. P/jadcsh has no. direct role

to play in tho appointment of such Ohairiaan/Dii-Jo^or

and the office of aucli Chairmun/i>iroctor is not an office

undor the Government of • Madhya Prudeslu

. - ' - 5 1 - - . . • .

8. Tho observations nndo and conclusion reached in -those*

throo Reference Casea .-.re pari-mtoria in tho present Roforonc

•/ Case and tho iri«3capable conclusion is • that tho office of

- Director of tho Madhya Pradesh Rajya 3ahakari Bhoonii Vikas

Bank (Maryadit) is a lso not an office under the Govurnnunt of

Madhya Pradesh within the mtianing of art icle 191 (1) (a)

of tho Conatitution.

.9. In view of tho above finding, i t is not necessary to

discuss the ci-'-sc law cited by the petitioner on tho question

of raastor-s errant isolations hip betwoon such-Director and tho"

^tato Government or tho cr.se law on oho concept of 'profi t '

which makes an 'office' under the Government an 'office of •

profi t1 .

Issue Uo»2 . -

10. This issue becomes a mere .academic issuo in view of tho

finding'in respect of Issue 3b. 1 that the office of Director

in the s?,id Braak is not an'office under the Governuent of

Madhy.i Pradosh.. Even assuming that the office of such? ;'

Director is an office under the Government, I am of tho

opinion that section 3 (l) road with entry 17 of tho ScheduU

to tho Madhya'£radesh Vidhan Mj.ndal i ud-asya Nirharta

' Nivar JI ,idhiniyaia, 1957, -.s aiaended by the ^.dhya Sradosh- * •

Vidhan' Mandal o'adasyu Nirharta Niviiran (^anshodhan) **diaiyuxa

" 1982 in November, 1982 with retrospuctive effect, removes

the disqualification attracted, if any, by the holder of

such Offico rotrospectively, to the same effect is the view

tr-kon By mo in my opinion to tho Governor of Madhy.a Eradosh

in the •.bove, mentioned Hoforonco Oaso lTo<.2 of 1982-nd to

~ 52 - -

prolixity I'do noc consider i t n e c t a r y to r o s c t o

horo ny obsor^.tions a ; d j in thit opinion, .

, 1.1. • _Howover, I may lik-, to n ± j i t e l , or hor. th :t sub-

suction (1) of section 3 of tho s-aid .Act is m indopondont-

provision, I'hough sub-section (2) of the s.dd section 3 is

dopondont upon, and subjocc to 'oho provisions of, sub-Se

Al ; iaontio.'ijd. above,. th-i convorso i^ not truo. i'her..-

• uho quanta.a of profic dorivod or derivable by cho holdor of

aa office ijtoation^d in .:>rty of. she untried in Ghj ochedule i

On- * S ' '1CL" »if*K i t * J_ i"TIT> " ~|V f* "1 ' - 1 "•"* O * T*T"] ' I i i ^ - n i -s "f • "v . .v .^_ ~i .-. J?

disquJ.iiiOi.tion of such holder. In th^t vieW,.i't is .-, .:iir

unnocot>s:xy f-or EXJ to go- into th_ quosit'ion of tho .uounts>

of I*kr" H», s i t t ing f- o, e t c , dr?.wn ^nd och^r f ici l i t ios

onjoyod by the- opposite p.artios to find OUG who.Shor uiy

profit is boinfj d^riv-d by. them. fh.j3 >. .aro i,spocts with

which tho audit authorities of thus £>t.\Go and ^a^istrTr

of Oo-oporr/Sivo 3oci-;ti JS , who'is competent Do fix tho

roiauner^tion'of chv..- :afor .s dd office holJorsT are concorno

and. who, I hop-.-; will look into thorn.

12. For'the- reasons st-t^d in cho forogoing p'oragraphs,

I':IEI of th., opinion ,nd accordingly hold that no no of Ghu

Oppositu ,^:irtieS %oroin h .s bocoao subject to disqualific

tion undor ^ t i c l o 131 (1 ) (a) of cho Constitution by

; roaaon of "his appointinun6 as Director Jf. tho said Bank.

' 1 3 . However, bofor, p:^ting with this caso, I would like

tp roi-wrato SOI^J of my observations in ay opinions in

tho j.bove uiontion-.jd' chree- xtyf.jr-nco O-sos. In R

Oaso No. 2 of 1932, I axpr.ssod my anguish ovor oho.

ni-..nner in which tho 1;.™ v& .*oondod by chu H.ahy:v

- 53 - ..

Endj&h LogiaL-vtivo Assombl^to uxompt r^trospoctlvoly

off ice hold by th. Opposit-/ feci^s heroin from cho

:.Eibit of tho di3qu::lific^tion cl .uao in ^ - t i c l j 1 91 (1) (a)

of cho-Constitution which ^nd.d to stultify th_, proaoht •

before th.; Ooiaaiasion. 4n P.gs3 uio. I r^ain

oppor-cuni-cy to roitor.-ito shat uho .lppqiasu^nts of

Div^c :ox*3 of v::.ri.>u3 Oo-oporitiv^ ^ooi^cios in

ohj '^ca,to of fcdiiy.t Pradesh by ,h^ 4ogicscr^ of Co-gp.jraciv--

iioci-jci-j's ixi pluc- of -cau diily ^1-jcto'd Win i^in/? Goiataittuoswere only intended to he a tempory measure t i l l new election

^;oro ix-ld :\aS. n w Ooiomitfcoos aasuia^d ch-argo. B"uc thisnaging ' . ' ' ,mmittees tr.in3ititiop-.il OLOMSUTJ b«-c'ua- th., prdoi»• of th^ cl y -...ad lna

b«on continuing oinco 1977 t i l l dat-.-i I t would not bo

morally just i f iable , though ni-.y b^ log-nlly sus•fc-;>>ia:iblo to

ta is sto.to of .:>ff-iirs wtior.o th^ oloct,Kl r^pr•jsonc

joy , ovitsido th-- Logi^l-tiv..-, p r iv i l guS :md j owor

:.id thua.itf;y b- diroctly or indirectly prono. to pi :.OJ

•ghoiasjlvod undor"obligation of th^ ^tato Gov^rnmonii. 3von

oth..rwi3o, nomin--.--;;od "bodies-ahouaid- bo r^pl-ic-d by thu

^l-ictod bodioa, v/horo provided under th^ s ta tuto , ,vs oirly

•s. ooadibl^ to str^nsthon doaodr-tic proG..33oS8 at thJ

roots.- ^t cho huriring hvjid on 1o-4-83, *hri «. Mi

«dvocat.o Gonor-1 ox A.dhya Pr?.dosh, .ippo^ing for tho

Opposite P^rti-d, dtutJd ttiii-1 th^ proc^Bd of olactiona

fo tho il-.n:>ging Goaimittooa of, tno various co-opur .ltivo

s in^ silo ^t- tc hii'd coanaonc^d ,with aho elections

- 54 - ; -

to th.i Ei.-iia-.ry. 3oc:Uti.;s nd h-. ^xpoc^rd •ih.vc cho whole-

procoss oulraia-.tin;- in*' «bj wL.cciom to t h > apox '

3 0"ciutioa would bj coiiipl^'c.d by oho \-:icl of triv. pr-^3 ;:nt

yvj-ir**- "I furvonbly wish' •"eh.Yt; th i s i

l a t u d "into r . j . ; i l i t / \3 oxp

; • " - * • "

Dulhi : ' L R#K

CHIKP ELECTION CQMMIS3IONER OF

3th.1 J85.

- 55 -

^NNEXURE - I I

LIST OF PERSONS DISQUALIFIED UNDERSECTION 1QA-0F THE R.P .^CT, 1951DURING THE MONTH QF OCTOBER, 1 9 8 3 .

S ,No , & Name ofConstituency.

Name and addresses of Date of Date ondisqualified persons, disqua- whith the

lifipat^ disquali—- ion. > fication

f will standremoved

j

PR*»DESH

151,

4. 154. Cuddapahi

5. 154. Cuddapah

6. 154. Cuddapah

LEGISLATIVE

S*\ri Mandi VenkataramanaS/o Venkataiah,Konduyu Post,Rajapipet Taluk, '

d a Pradesh.

7.1O.86

-ShrlS/o Yellaiah,Mandapalli Post,Rajampet Taluk,

Pradesh.

Saheb,2/72 f Trunk Road,Cuddapah, ->-ru3h»a Pradesh.

Shri Mahaboob Shareef,13/248, Rahamatulla S t . ,Cuddapah, ^ndhra Pradesh»

Shri Sontam'VenkataSubba Reddy,Obulam P a l i i ,Cuddapah /^ndhra Pradesh.

Shr i Sanapureddy,Ramasubba Reddy,Pakkeerupal l i ,H/o, Chinna Chok,Cuddapah Taluk,

'"mdhra Pradesh.

7.10.83 7.10.86

7.10.83 7.10.86

C o n t d . t i

~ 56 -

L1

7 .

Pradesh (Contd,

19 8, •< imarchi nt a

8. 198,-^tnarchint-a

5,- 186,Nandyal .

10,' 184tPanyarti

Shri Mahmood Miya, 7.10.83 7.10.86P.O. '»marchinta ^Taluk* tmakur,"ndhra Pradesh. -.

Shri Anandam, . 7.1O.83 7.10,86

Taluk, '-mdhra Pradesh.

Shri Ram Murthy, 7.10.83 7.10.864 / 3 5 5 , S u n k u l a m m a '''••' vS'treet, Nandyal, -

Pradesh.

Shri Bhupanapati 7..10..83Hanurnanna,S/o BhupanapatiS anj anna, KonideduPost, Nandyal Taluk,

Pradesh..

184»Panyam Shri P.BhaskaraReddy, - ,S/o '- YT-apu Reddy, '• 3/lOOvBotamcheriaPost, Dhone Taluk,

Pradesh.

7,1O,.86

193,-MaKbubnagari Smt* Siva SH.No. -1-1-39,-.Raj endranagar, ~Mehbubnag'ar,

Pradesh.

. 7.1C..83-

13. 183.**llagadda 7.10.83 7,10.86Shri Hanne" '" " . Ramagovinda Reddy,

* Padakandla t^llagadda Taluk,

• •'-ndhra Pradesh.

14. I88.'x:hampet (SC) " Shrd Gaddam Buchaiah, 7.10.83 7.10,86

15.

Taluk,MahabubnagarPistt. i»-ndhra Prad,esh,

Shri Issac N., , 7.10*83 7.1O.862 2/2 74, Karv a np et>

Pradesh.

C ont d. . ,

-" - 57 -

I I I I I II' - - - - I - - -<^ - -,- - - -"•ndhra Pradesh (Contd.) .

16. 176.<*doni ~ Shri Narasanna-/' 7.10,83 7.10.86. . . - •'13/289,'Langarbhavi • • .:

. . . . . . . ^ Street, ^ o n i ,Pradesh.

17, 176,'^doni ' " Shri Shaiksha Vali, 7.10.83 7.10.861 2/92-1 Isvl Village,.. -.'...

i Taluk,Pradesh.

18. 196t"»lampur Shri B.Kishtanna 7,10.83•• K . . . .. , Nagarala, , Distt#/

Mahbubnagar, •dh Pradesh. . ' •"

19, 182,Koilkuntla Shri Pedda Gurrappa 7,10.83 7,10,86^' •" . - .. S/o Venkatanna, . , ~-

Harijanawada,Koilkuntla, . ." d h Pradesh* -

2O, 182#Koilkuntla Shri Bathula Venka^a- T,10.83 7.1O#86Nagi Reddy,

—«- S / o BorecJdy, . • - •""'' * . ' Giddalur Koilkuntla,

: . : i-ndhra Pradesh.

182%KQilkuntla Shri Hadduleti / 7#1O#83 T#1O,Q|^ S/o Thimmanna,

Kanala Dis.tt./Kurnool, • . '

Pradesh. ; ". " *'

22. l82.Koilkuntla Shri Ramasubba Reddy 7»1Q»83 5.10.8CPera,

• _ • • S/o i^nki iteddy, - . •< Gulladurthi/

... . . . . D i s t t . Kurnpol, ' "' '•"•ndhra Prad'esh.

23. 182.Koilkuntla 3Shri Venkatanna, • 7.10.83 7#10,86. S/o Vuse'nappa,v

Harijanwada. . " . . • . Koilkuntla/

Di s t t . Kurnool,a Pradesh,

. 24. 182.1<©ilkuntla Shrirnati Seetha ramala-. . . :. kshmamma, ' 7.10.83 t , 10.86

.. . W/o YenkatanarayanaReddy, • . •Peddayanirnanur/ . 'D i s t t . Kurnool/

Pradesh.Contd, . .

- 5 8 -

"V —Pradesh (Contd.)

25. 2O4.Chevelia

273»Mulug

•2 7, 212, Malakpet

2 8, 212,

•29, 261#ChejriyaX

30.

31.

3 2, 236.Bodhan

33. 236,Bodhan

Shri Aiuri Yellaiah 7.10.83 7.10.86l-3,Nain Cheruvu,P.O., Regard,Ghanapur/ .Chevelia Talufc,Rangareddy Distt./

P r a d e s h . . >; -

Shri Kaka Lingaiah" 7.10.83 7.10,86p

padigapuram Village,.Yeturu Nagaram' Taluk',

Distt./

Shri ^bdul Lateef^ -.7,10.83 7,10.8616/8/689,1101^ Malakpet,. - ;

Hyderabad Dist t , ,A Pradesh. , , ,

T.10.8iShri V.Surya PrakashReddy, ,Karman Ghat,

gHyderabad ,

; *indhra Pradesh*

Shri Balaiah Kunti ^410,83Mustiyai,Cherial Taluk,

l Distr ict , &

Pradesh. .

ShriGousuddin,H.No.14-5-44,Mandibazar,

Pradesh.

7.10.83 7,10,86

..Shri Yonus Khan, ,. •' H.No. 14-8-254/Mandibazar,Warangal,•"•ndhra Pradesh.

7.10.83 7.10,86

Shri Khaja Mbinuddin, 7.10.83 7.10.86H. No.3-4-56, RenjalBase/Bodhan, Nizarnabad • •l i s t t , -indhra Pradesh.

Shri Gan.gaiah, 7.10,83 " 7.1OV86Rampoor Post,Navipet,Ilizarnabad Taluk & Dist t . ,

Pradesh.

Contd.. .-

^~

- 59 -

ici i i i:: 11 ic-i i i 11 i: 13111 J/I iPradesh(Cojitd.)

34. 238,Dichpalli Shri Chittikala 7.1O.83 7.10.86Saya Reddy, .

< • - • - Gopanpally Taluk,. Nizamabad Dist t . ,

.. - *»ndhra Pradesh. f

35. 23 8,Dichpail± Shri Oddenna,;, 7.10.83 7.10.86; %- Kashapur, Nizamabad v . 4

• / * • * : Taluk/ ^ndhra Pradesh. ' • ;

36. 2O^Secuiy3krabad Shri Mohd,•Jahangir Khan, 7 .10. 83 7,10.86• ' - f: . No. 6-1-368, New Bhoiguda,

. Secunderabad,dh Pradesh.

37, 2O9,Secunderabad Shri ^asam Krishna Rao, 7.10.83 7,10.86No. 11-1-498, Doodi Bai,

• Mylargadda Seetaphalmandi,Secunderabad -5003 61,

" Pradesh,

-38. 233, Yellareddy Shri J.L.Saireddy, 7.10.83 7,10.86. Kankal Village,

" Kamareddy Taluk,; " Nizamabad Dis t t . , •.- •

dh Pradesh.

3 % 232,Kamareddy l ihr i ^".lwar Khathri / 7«1Q»83H,No.1-3-82,Old Bus

' . ' Stand.Kahiareddy,Kamareddy Taluk, . -9.?

i Dis t t . , *Pradesh.

40. 263,Chennur Shri Chikati. Ran, 7.10.83 7,Murthy,

: Khanapur Post (Via)Thorrur Maripeda Taluk, '"

' Warna.gai District,dh Pradesh.

41. 263.Chennur ' ^hri Purari Narayana 7.lp.83 7.10.8^Kalvala Post (Via) 'Kesamudram,MahabubabadTaluk, waraggal Distt.,

d h a Pradesh.

42. 265.Mahbubabad Shri Chit ir i Narsaiah,7.10.83 '7.10,86Bharathsingh Street,Mahbubabad,Warangal . -

• Dis t t , , '•ndhra Pradesh^Contd, ..

- .50 ~

Pradesh(Contd.) *

43* 210,Khairatabad Shri' :i, Laxmi v 7.10.83 7.10.8.Narayana Goad,H.No.2-58,Lingampally,Hyderabad 3 2.,

Pradesh.

44. 2lO.Khairatabad Shri M.Padraa Rao, 7.10.83 7.10.86H.No.6-58,Ra.idurg, •Darga Hussain Shawali,Rangareddy Dist t . ,

Pradesh.

45, 2O3.Pargi Shri Dandu Venkatesham, 7.10.83 7.10.86-Shahbad Village,Taluk,

' / Chevella/Ranga ReddyDistt , ^ -^ndhra Pradesh.

v > , • •

• ••', 2O7.Himayatnagar Shri C.Parsuram Yadav, 7.10.83 7.10.86;^:'\ • : . H. No. 3-2-801/^, • ' • "

' Chapalbazar.Hyderabad,*<>.nrihra Pradesh,

47. 12?-.Kovur -, Shri Peliakuru " 7.10.83 7.10,86Ramacha-ndra Reddy, ' •. (.Cher 1 opal em),Kovur Taluk, NelloreDistt«,. ^ndhra Pradesh.

48. 115.0ngole Shri Yedluri Peda 7.10.83 7.1O.85Musalaiah,

. _ , Chowta Palem(Village),Ongo.x.e Taluk,

N . ' Prakas' •? Dist t . /" . 'Pradesh.

4 9. 19.GajapathinagaramShri Kolla Laxmana 7.10.83 7.10.86

1 Jagannadham, .Pottavarl Street,

hinagaram Taluk,.Pradesh,

50. 2O7.Hirnayatnagar Shri T.Bala Raju, 7.10*83 7.10.86H. No.3-5-943/101Tajmahai Hotel,Narayanguda,Hyderabad, ' s"ndhra Pradesh.

Contd..

'JSSSSSSZ - I34l_ __I3_ Y_ _Pradesh (Contd.)

51. 2O7..Himayatnagar Shri Hanumanth 7.10.83 7.10.86' ' Gupta,

~ ' ' H-.No. 23-2.-562/Har ibowl 1/'Hyderabad/^ridhra Pradesh.

52. 177.Yemmiganur Shri Issac 7.10.83 7.10.86! ' 2 2/274/Kavanpet/

^doni,KurnoolDistt.,-i-ndhra Pradesh.

53. 177#Yernmiganur Shri Kuber Gowd, 7.10*83 7.1O.86. ' 3/65/S^MoS.Mivas/ ""

" " • • • . Eadinehal Village,•"•idoni Saluk, KurnoolDis t t . / ^ndhra Pradesh.

54. 177.Yernmiganur Shri Kesava Reddy, - 7.10.83 7."lO.86; . • * " " 6/72,Tsaliakudlur

Vill'age,. YernmiganurTaluk.-Kurnool D i s t t . , .

- • ' i»-ndhr ; Pradesh, •

55.'177.Yemmiganur Shri Ganappa Rangappa, 7.10.83 7.10.865/14 7/179, Yemmiganur,Kurnool Distt,

Pradesh. ; '

•1. lO.Sonai

2, 58.Tamu.lpur

3. 58.Ta'rnulpur

Shri Pabizul-Hague ' 7.10.83 7.10.86

Vill. &P,0.Sonabarighat-/ 'Distt .Cachar/**ssaiti.'

Shri ^bhiram Boro .Vill.Panbari/P.O.Kumarikara,

7.10.83 7.1O.86

Shri Balabhadra Boro, 7.10.83 7.10.86Vill.Katahbari/P.O. Padimapara,Distt .

7

~ 62

3

4. 58. Tamulpur Shri Shahid Das -7.10.83 7.10.86*-, ' * Vill, & P.O. kalakuchi,

Distt. Kamrup,Assam.

5. 94,Sajrupathar Shri Jit en' Saikia 7.10.83 7 .'1.0.8.6Vill, Korikagaon, ' ~P.O.

i. 105.Mahraara Shri Kirti Chutia 7.10.83 7.10.86Domordalang Gaon,

' . P.O. Domordalang,Sibsagar,

1. 218. Huvin Hippargi . . • •Shri Patil Basanagouda

, Hanamentgouda, ' 7.10.83 7.10.86Gani'Poat at Gani Taluky . ':-•

• B.Bagewadi,

2. SO.Hosadurga Shri R:HagaPpa/ 7.10.83 7.10.86S/o

Hosadurga Taluk, .Karnataka,

3. 43.Bharamasagara Shri' Krishnappa, 7.10.83 7.1O.8S(SC) , S/o Rangappa,

A.D.Colony,Jagalur,Karnataka.

4. 47. Challakere Shri M.Ramasetty, 7.10.83 7.10.86S/o Veerabhadrasetty,

. • Veerabhadraswamy Band SawIndustries,RemanagarChallakere, Karnataka.

5. 41.Challakere Shri G.Shivanna 7.10.83 7.1O.86S/o Bajjappa,Agriculturist '- :ba(Post) Thai

. Challakere Taluk,

6. 49.Hoiaikere Shri Muniya Bovi . ,7.10.83 7.1O»86• • . S/o Thimma Bovi, ' ,. Punajur,Holaikere

Taluk, Karnataka.Contd.,

- 63 -

/ .:_£^.___ _.3Karnataka (Contd.)

7. 49,HQla-lkero«.. Shri H.Rafnappa, 7^10.83- "7.10.86S/o Thimmappa, .BandeboiTimanahalli,YeVaddarahaili, •Holalkere Taluk,

8. 65,'Chikbaliapur Shri Muniyappa, 7.10;83 7,10.86S/o Muni Thimmalah, " -Gundlagurki vPost,

' - Chikballapur Taluk, ' -

9. 65.ChikballapurShiri M.V.Muniyappa, 7.10.83 7.10.8$S/o/.Melura Venkatappa,Chamarajpet, .K.Colony, Chikballapur;

10. 66.Gidiaghat':a Shri" M.Muniyappa, 7.10.83 7.10.86S/o x'himmaiah Molur,Gidiag'hatta Taluk.,Karnataka; • " ' , . ' •

11. 69.Sriniyasapura Shri K.M.Narayannappa,7.10.83 7.10,86S/o Shri Munishaini,Kamathampaili, • •Tadigol Post RonurHubli, Sfinivaspur Taiuk,

12. 69.Srinivasapura Shri Poola Ramappa, 7.10.83 7.10.86S/o Shri Venkatarayappa,. Lakshmipura Near.-• Samad's HouseSrinivaspur Taluk, ,,-. • • .

13. 56.Koratagere Shri Shivarudraiah, "7.10.83 7.10.86S/o Veerasiddaiah, - 'Door No. 59,^maf»ikere,Tumkur,

14. 56'lKoratagere Dr. S.Rnsiddaiingappa/ 7.10.83 7.10.'"S/o Revanasiddappa,Sharada Cross,Shivaganga Village, .Sompura Hi'bli,Welamangala Taluk,bangalore Distr ict , •

Contd , . .

64 -

Karnataka (Contd.)

15. 57.Tumkjr

•16. ^6O.

17. 6o,"Gubbi.

18. 62.Tiptur

19. 62.Tiptur

20. 74.Vengal

21. 74.Vengal

22. 74.Vengal

23. 74.Vengai

Shri L.G,KrishnaMurthy,1552, Yoga Institute,M.G.Road,1st Cross/ \K.R,Extension/Tumkur,

'7.10.83 7.10.86

Shri K.Dasappa,No. 10, 9th Cross,1st Mairi/S.R.Bangalore-27.

Shri,Nanjegowda,S/o.Marisiddaiah,,Sagaranahally,Gubbi Taluk,Karnataka.

Shri Kariyappa,S/o Lingappa,K ur ubar aha 11 i _,Nonavinkere Hobli,Tiptur Talak,K

7.1Q-.83 ' 7.10.86

7.10.83 10.86'

7.10.83 7.10.86

r i B.Shivakumar.S/o K.G.Basavaraj,Bil igere, TipturT a1uk,Kar nat aka.

Shri Mohamad Yusuf,S/o 'ibdul "zeez,Vckkaleri, KolarTaluk/ Karnataka.'

Shri M p p ,S/o Munivenkatappa,Chang ima-lle, KolarT aluk,Kar nat aka.

7*10.83 7.10.86

7.10.83 7,. 10. 86

7.1O.83 7.10.86

Shri G.'Venkata Gowda, -7.10.83 7.1O.86S/o S.R.Govindagouda,Girijampet,MadihaiaPost, Kolar Taluk,

Shri H.Sanjeovappa, ' 7.1O.83 7.10.86S/o Hanumantappa,

illi Post,Taluk,Karnataka.

Contd,. .

(Contd.) . .

24.- 221.Bijapur Shri Hirandagi • 7.10.83 7.-1O.86j k S h a a a aRajashekar S

State Bank Colony,i%ar Railway Station.Bijapur,

25. 224.Sindgi Shri Natikar Mohamed ' ,• ' ' . - ' • Hanip ^bdulsa, 7.10.83 '7.10.86

• it : Sindgi, Taluk,Sindgi., Kir

26. 136.Sakleshpur .Shri J.S.Eshwarappa, 7.10.83 7.10.86• ' S/o Siddegowda, ,-

Kyamanahaili Post,Sakleshpur Taluk,Karnataka,

27. 89.Uttarahaili Shri Thirnpanna/ 7.10.83 7-. 10,86No. 75,Kamalanagar (2),Bangalore North Taluk, •Karnataka.

28. 95.wagadi Shri Solur vasudeva' Setty, i -7.10.83 7.10,86

Village Solur/Taluk, ' •Magadi,Distt.Bangalore,

29. 22.Kalmala Shri Deviputra, 7.10.83 7.10.84Post Handapur ,

. - . Taluk Raichur,Karnataka,

3O. 22.Kalmaia Shri Basavalingayya', 7.10.83 7.10.86S/o Shri Rajayappa,

... - 'xSvashwar Math, Kaliur,Tal ik Manvi, K

3l. 72.Batharaangaia Shri G.Narayanam, 7*IO483 7.10*86(SC) S/o Shri Gurappa,

Paddapalii Corigampet'. Post,Koiar Gold :

Fields,Karnataka.

3 2. 72.Bathamangaia Shri Ramappa, 7.10.83 7.10.86(SC) -. S/o Shri Hanumappa/

.Hothakapalli,Kadaripura Post,x

, • Kysambani Hobli,Bangatpet Taluk,

- 66

(Contd.) , "

33. 72.Bathamanqaia Shri LorryVenkatteshappa,7.10.83 7.10,86(SC)

34. 4 2,Mayakonda

S/o Shri Thaliana BoviChewdanahal1i,Doddavallathi Post,Koiar Taluk/

7.10.86

Post,DevencigereKarnataka,

35. 42.H.ay^konda Shri D.C.Hanumanthappa^ 7.10.-83 7.10,86•'*-'•'• s/o Shri Hanumabovi/

Honnur Post/DevanagereTaluk, Karnataka. ,

3 6. 2l4.Badami Shri Surssh 'Sukalaji 7.10.83 7; 10.86

'.Badami, Distt 3Bijapur,Karnataka „ '"

3 7. 91.Kanakapura 'Shri Kottepaksha 7.10.83 7.1O.86

Krishkinda RishyaMukaiishrama, Nanpi East:

3 A^Shri B,H.Krishna Murthy, 7.10.83 7.1O.B6

, S/o Shri N&rasaiah,Baddikere HuggehalliHobli CLTaluk^ Karnataka.

39. 135.Hassan Shri M.L.^nnegowda, 7.10.8D 7.1O.86": advocate, >C ' Block,

K.RoPuram,Hassan,Karnataka.

40. 13 6.Sakleshpur Shri B.Giddejgowda7 7.10.83 7.lO»'36.S/o Shri ^nnegowda,Lakshmipuram Exten-cion,' S akl.eshpur, IOrnat aka.

41. 93.Channapatna SJiri --bdul uai^el, 7.10.83 7.10.86S/o Shri R,SrMin .Sa'hbabMiya, No,, 779-2,Heshimiya, Uo^aila, •. Channapafr.a(, Karnataka. " . •

Contd,..

- 67 -' ' ,' , _ —

(Contd.) _ .

42. 94*iRamanagaram Shri Krishn^ppa, 7.10.83 7.10.86Door No. 43 91,

.. Shettihalii btreet,Ramanagaram Town,Bangalore Distt., .

- • ' • . Karnataka, _

43. 97,Doddaballapur Shri B.Narayanaswamy,7.10,83 7.10.86Thimmasandra,Majara Gaddam Bachahalli,

' Mallathanahallx Post,Doddaballapur Taluk,Kfrnataka.

44. m.^nkola Shri Goiida BUddu. Keera/7-, 10,83 7,10,86'Badgeri(Bhavikeri) /

(1R.T.)

iT IV.1: • *SS 5J-'IB jjY

1. 49.Palghat Shri Manikkath 7,10,33 7,lO#56Krishna Mennon • y •

— Manikkath Kulam P.O.. . " , Nellipalli Paighat Distt.

Kerala. ' •

2. T7,Perumbavoor Shri K^Velappan, 7,10,83 7»1 D,86S/o Randan Kali,Puthattu,Navarthu,Pallipurarn P.O.Shertaliai/^lleppeyDistt., Kerala.

3-. 69.vadakkekara Shri Devassikutty 7,10.83 7,10,86Thommankutty/938 V3 7, St AlbertsLane, Cochin-1.Kerala.

WEST BI-.NGT*L '. L E G I S I ^ X T I V S ^^Sb^MBLY

1.. 21.Rajganj (SC) Shri Harendra Nath 7.10.83 7.10.86Barman,Vili.Sardarpara,,p.o.Bhaktipara,Distt,J ^ l i i W Bengal.

2. 114.Garden Reach Shri Rafique Mastana, 7.10.83 7.10.86Q - 2 73/IB,Diwan Bagan •

• . Calcutta-24, ,,West Bengal.

- 68 - •

CHAPTER - IV

Disposal of Election Petitions

During the month under review,ten election

petitions were disposed of by the different High

Courts. Thirteen appeals were disposed of by the

Supreme Court whereas four more appeals were

filed in that Court.

Details of the election petitions filed,

disposed of and pending in the High Courts and

appeals in the Supreme Court following

(a) General Election to Legislative Assemblies

held in 1972, (b) General Elections to Legislative

Assemblies held in 1911-19, (c) General Election

to Lok Sabha held in 1980, (d) General elections

to Legislative 'Assemblies held in 1980,

(e) General Elections to Legislative Assemblies

held in 1982 and (f) General Elections to •

Legislative Assemblies held in 1983 are furnished

in the six separate statements (I to VI) annexed,

^t ,the close of the month under review,

258- election petitions were pending in the

different High Courts of the country and 64 appeals

were pending in the Supreme Court. A statement

(No.VII) showing periods for which these

election petitions in different High Courts and

-appeals in the Supreme Court are pending is also

annexed.

GBNSR^L ELECTION TO THE

Number "of election-petitions filed.disposed of, pending in the ' .High Courts and-.appeals pending in ths Supreme Court.

(-s on 31.10.1983)

S . No . Name of S t a t e /UnionTerritory.

Election Petitions in the High CourtFiled Disposed -of- - '"'""" Pond ing!

I.Upto the [During

-uppeaihs in the Supreme ' 'Gou-rt--Filed Disposed ofd c

end of the . month!:_4

l .^ndhra Pradesh2. **s sam3.Bihar4.Gu;iarat5.Haryana^.Himachal Pradesh..(.Jammu & Kashmir^ . Kad hya Pr ad e s h9.Maharashtra

lO.Manipur3il.MeghaiayaJ2.Karnataka13. Punjabl,4.Rajasthan15.Tripjra16.VJest "Bengal17.Goa,Daman'& Diu18.Delhi(Metropolitan)

103

4 08

29134 150

8528

2114

2114

103

4 08

29134 150

8528

2114

2114

jbpto'the

'During !'the

_Pending

•J _ i . •'•• - _ l a s t mon-thlmonth 16 "7- ~ 8 ~ 9 - . " "~; .. 10-" .-10•3

'408

29134150

8528

2114

2X14

3181

1745

15.4

12631

, 3181

.a'745

15. 4

12

" 531

•11- 12

3181

1745

154

12

• 5

31

- 1

TOT^L 26C 26C 26O 73 72 72

GENERAL ELECTION TO THE LEGISLATIVE **S3:i,MBLIES, 1 9 7 7 - 7 9 *

s

1 .2 .3 .4 .5 .6 .7 .8 .9 .

1 0 .

I t .1 2 .1 3 .1 4 .1 5 .1 6 .1 7 .1 8 .1 9 .

Number of election petitionsthe Hiah Courts and appeals

.No. Name of State/UnionTerritory.

r

Election PetitionsFilec

1 2

^ndhra Pradesh(1978)~ssam(1978)Bihar(1977)Haryana(1977)

3

219

3 17

Hiroachal Pradesh(1977)5Jarnmu & Kashmir (1977Karnataka(1978)Kerala (1977)I.adhya Pradesh (1977)Maharashtra(1978)Meghalaya (1978)Nagaland (1978)Orissa (1977)Punjab U977)Rajasthan(1977)Sikkim (1979)Tamil Nadu(1977)Uttar Pradesh(1977)West Bengal(1977)

UNION TERRITORIES1 .2 .3_.4 .

Delhi (1977)Goa,Daman & D.iu(1977)Mizoram (1979)Pondicherrv(1977)

1 1 Q

74192813

196

161 8

28

371

4122

TOT.vL 333

filedin the

in the3 Disposed ofUpto th=ji;uringend of 'the

[Total

las t month;'mont hi

4 5

21' 93 1

7i; _

1974192813

196

1618

28

3 61

412 —2 _

332

6

219

3 175

197419281 3 .

196

1618

28 ;

361

4122

332

,disposed of pending inSupreme Court.

<*is, on 31,

Hiqh Court 1 appeals in

,10.1983)

the Supreme CourtPendinqj (Filed Disposed of

1 ii

! i

7 8

• 6

_ 3" - 6

2- -

. - 44662

.. - -1

- - 1• - 1 0

4— —'

- 51 9

, — _- 1— —

• — _

1 7 0

i Lpto the (During1 [the\ end of j ,JLa^t-rnQnihS0^^ _

9

5—31—12542—.1193—45_

_1

—47

10

—1--—

" 1—

1 2———_

1mm.

1

—

„,

_

6

iTotalI

11 '

5—41-13562—1194

4 .6

_1

mm.

53

Pending

12

1321-311—-———1——.13

——

XI

• - 7 1 -

STATEMENT - III

GENERAL ELECTION TO LOK , 1980.

Number of election petitions filed, disposed of and pending inthe High Courts and appeals in the Supreme.Court.

on 31.10.1983) .

S. No . Name of State/ 'Election Petitions in the High Court'Appeals in the Supreme CourtUnion Territory.,' Filed Disposed of _| Pending} Filed

jUpto thelend of

During 'Totalthe

Disposed ofUpto the (During .'Total;

_ . , _ . _ _ , , . end of sthe |la'sLt_month'X month! _ _ i ; _LLa.st_month.x month! j_

4 . • 5^ 6 ~ 7 8 9 10 11

Pending

1.2.3.4.5.6.7.8.9.

10.11.12.13.14.15.16.17.18.19.

^-ndhra UradeshBiharGuj aratHaryanaHiniachai PradeshJammu & Kashmir

Kerala,Madhya PradeshMaharashtraOrissaRaj asthanTarnil NaduTripuraUttar PradeshWest Bengal*>runachal PradeshDelhiDadra & Nagar Haveli

114211211461212

142 '121

15211

I1461112111121

16211111461112

111121

8

31

11

1

2

1113

11-11

59 44 45 14 12

r\iT

- 72 -4-r.irp - IV

123.4.5c6.7.8.9.

10.11.12.13.14.

GEN -Number

in th

No. Name of btate/UnionTerritory.

L1 2

. Bihar

. Gujarat

. KeralaFu.dhya PradeshMaharashtraHanipurOrissaPunj ebRajasthanT<:.inil 'Nadul-ttar Pradesh• •irunachai PradeshGoa,Daman & I>iuPondicherry

TOT.-xL , -

R* > L ELECTIONS rn -\ 7 r, -«T -w

of election petitionse Hi

Sle

ah Courts

ction PetFiled' dis

3

395

• 8

"2316• 4

A42201729121

211

;Upto thejend o f

and appe

ition inposed of!D iring'the

Hast month'; month4

948

- 201544

40- 8

9171'-

• 1

140

5

2-----—--1—

. —

2—

5

L-VTIV^

filedals in

.ibbii'iBL

disposthe Sup

the rfiqh Court

Total'

ij

5

1148

20 *1544-

408

1017121

14 5

Pending

7

281-31

-—2

127 .

12———

66

T£S ,

ed ofr em e

„ —

• Pil!

8

1-2521—10,-1041_—

36

1980.

, pendingCourt.

("S on

eals in the

31.10.

Supremed '" disposed of;upto thelend of

During•"the

• last month- month9

-1

— •

-

- '

— •

- -

- . .

5_1

-

7 -

10

1- •

-

1-

—1-1_

-

4

•

1983)

3 COU

• Toti

11

1-11—-—1—6—1.-

11

*

rt.~Pending

al;t

12

-1421—9—-±

4—_ _-

25

-T^TIUM^IJT - v

GnrgjRrlLj:LJHCTIOi.-;5 TO LEGISLATIVE ASSEMBLIES, 1982.

Humber of e lect ion pe t i t i ons f i led, disposed of, pending in theHigh Courts and, appeals in___the. Supreme, Cou_r;t_..

(-s on 31.10.1983).

of S t^ t e / ' Election Pet i t ions in the High Court : appeals in the Supreme Court«i Union ' Filed Disposed of pending _ Filed Disposed of JPendinq! Terr i tory . * 'Upto the "^During i Total j .Upto the ; During •. Totaljj i end of ;the \ ; • '. ;end of •the.. 'i j ; 'la.st_montti_;L month _ _ _ _ 1 :las.t_mont.h_monthj_ '_ _ _

1 2 _3_ _ _ i 5 .6 7 8_ I _ 9 ._10 11__ _ 12_

1. ' i irnachal Pradesh 12 7 - 7 5 4 - - 4

2 . Haryana 27 24 - 24 3 10.. 3 3 7,

3 . K e r a l a 15 14 - . 1 4 1 '3 - - - 3

4 . West Bengal 8 2 - 2 6 _ _ _ _ _ _

.5. Magaland 4 1 - 1 3 ' - *-

TOT^L 66 48 - 48 18 17 - 3 3 14

• STATEMENT - VI

GENERAL ELECTIONS T O THE LEGISLATIVE *>S SEME LIES, 1983.

Number of election petitions filed, diposod of, pendingin the High Courts and appeals in the Supreme Court«

(**s on 31.10.1983.)

S.No.i Name of Sta te /• ! Union

! Territory.

Election Petitions in the High Courtj appeals jn the Supreme CourtFi 1 ed^ Disposed of Psnd!ing ;, Fil^ed. Disposed of Pending

;""upto the] During! Total; ' ! I Upto the j During JTotalip j g ; | p j g Jj end of j the ( j ; | l end of jthe !llasi. montli''. rooi]tht_ _ J _ _ i _ |ia^t_month' month! j

3 4 5 6 7 8 9 " 10 11 12"

2 4 6 33

— — — 5

— - - 76

22

— — — 5

4

7. Delhi 14 - - - 14

TOT^L 165 2 4 6 159

1.

2.

3.

4.

5.

6.

^ndhra Pradesh

assart,

jammu &. Kashmir

Karnataka

Meghalaya

Tripura

39

5

76

22

5

4

- 75 -

STV*TSM;:NT - • V I I

Statement showing periods for which electionpetitions in the High Courts and appeals in

the Supreme Court are pending.

("S on 31.10.1983).

N<ifne~of S~tate/Les"s~~than ("Between ! Between ;Between !Cver 4Union ' I a year ,1 1-2 yearsi 2-3 years: 3-4 years, years.Terr i tory. !HC_ i_^SC HCj _SC _ HC j _SC _HC |_SC _ HCj SC_

1 [1 3_ 4 _ ' _ 5 6 I _7 8 9 K)_ n__

Pradesh 3 3 - - - - - _ _ - 1

i»ssam 5 - - - - _ _ _ - 3

Bihar - - - - 2 8 - 8 - - 2

Gujarat ~ _ _ _ i l _ _ _ _

- 7 3 - - _ _ _ _ l

Pradesh - 4 5 - - _ _ _ - _

Jarnmu & Kashmir 7 6 - - - - - 1 - - 3

Karnataka 2 2 - - 1 _ _ _ _ - 1

Kerala - 3 1 - - 1 - - - 1

Madhya Pradesh - " - ' - 4 3 _ _ _ _ _

Maharashtra - 1 _ _ i i _ _ ^ _

Manipur _ _ _ 1 _ _ _ _ _ _

Meghalaya 5 _ _ _ _ _ _ _ _ _

Nagaland - _ 3 _ . _ _ _ _ _ _

Punjab - 1 - • 7 2 2 - - - 1@

Rajasthan _ _ - 1 1 2 - 1 - - -

Tamil Nadu _ - . < - _ ~j_ 7 4 _ _ - 1

Tr ipu ra 4 - - l - - _ _ _ _

U t t a r Pradesh - - _ 4 15 1 - - ' 1 3

West Bengal - _ 6 - - - i _ _ _

UNION TERRITORIES :

Pradesh - - ' - • ! - _ _ _ _

Delh i 14 - " -

Goa, Daman & Diu - - - - - - - _ _

TOT/iL 159 16 18 21 69 10 11 ~l

@ includes a n a p p G a i pending for more than 8 yea r s .

- 76 -

TSR - V

Vacancy Statement

At the end of October, 1983, the re were

14 vacancies in the House of the People and

38 vacancies in t h e Legis la t ive Assemblies of

various Sta tes and Union T e r r i t o r i e s . In the

Council of S ta tes there were 2 vacancies and

in the S ta te Legis la t ive Councils there were

145' vacancies (including casual vacanc ies ) .

De ta i l s of these vacancies are furnished in

. the enclosed statements.,

- 77

Total Numberand Leaislati

*• * 1 —

b.I>lr>-' "Name of S-t-i.ite/

1_

1.2.3.4.5.6.7.8»9.10111213141516171 OID19202122

. Union Territory.

2 __.

^ndhra Pradesh'i'ssam

BiharGujaratHaryanaHimachai PradeshJammu & KashmirKa'rnatakaKerala.Madhya Pradesh.Maharashtra.Manipur.Meghalaya.Magaland.Orissa.Punjab.Raj asthan' "> ~\ \r\" "1 TTI

.*-> J-KKICU

.Tamil Nadu

.Tripura

.Uttar Pradesh

.West Bengal

UNION TERRITORIES:

1.2.3.4.5.6.7,8.9.

^ndaman & K.Islands'-runachal PradeshChandigarhDadra & N,HaveliDelhiGoa,Daman & D4uLakshadweepHizoramPondicherry

TOTAL:

of seatsve Counci

Council: Total

_ __3

187221153412•9

Ib191

• 1

1IO7101X

181

3416

1—_3

. -.—11

23 2

in Council of Stat*.Is and vacancies.

(••-s on 31,.10.1983).

nf States Leaisl'itive CoancilVacant TotalC R

4_ _> o_ _

90

- - 96— — —— • • — —

— — —

3 663

_ _ —- — —

7.8- • - -— — —_ _ _— — —_ _ „

— — —

63_ _ _

108— - —

_ • _ _

— _ —

— . — _

_ 2 —— — __ _ _— — —_ _ .

2 534

Vacant; C R

7 8

7 1

1 39- —

321

— •"*— "

7— —— — ._ —

_ —— —

21

45— —

_ _— —

— __ ...— • " •

11 134

C = Casual Vacancies.R = Vacancies due to retirement..

Details of vacancies are s?iown in theenclosed statement.

- 78

Total number of seats in the House of thePeople and State Legislative -assemblies

and Vacancies.

(>*s on 31 .10 .83 . )

s.

T

19

345

789

1O1112131415161718192 02122

1234S

6789

,No. Name of State/ ; Hou! Union |

2

•^ndhra Pradesh

. Bihar

. Gujarat

. Himachai Pradesh

. Jair,mu & KashmirKamataka

. Kerala

. Madhya Pradesh

. Maharashtra, Manipur. Meghalaya. Nagaland. Orissa. Punjab. Rajasthan. Sikkim. Tan^il Nadu. Trit>ura. Uttar Pradesh. West Bengal

I NION TERRITORIES

. - ndaman & N. Islands

. • -runachal Pradesh

. Chandigarh

. Dadra & N. Haveli

. I'elhi

. Lak shad weep

. Goa, Daman « Diu

. Mizoram

. Pondicherry

T or- >-L

se of theTotal;V

3

4214542S10-

4f

2 82 04 0

4 8221-

211325

139

2354 2

1211

71211

54 2

PeopiQ-Iacant •.

1_4

71-11—--11—-——1----1-

_---

—--—-

14

j. cn si "tiveTotal ,

5_

2 941263 24182

906876**

2 2 411-03 2 02 8 8

6 06 06 0

14 71172 0 0

32234

604 252 94

—3 0

-—

—3 03 03 0

3997

Vacant

__ 6_

217

1•*•1—1—211————11—2152

—-—

———_

38 .

NOTE: - Details of vacancies are shown in statement enclosed,** Excluding 24 seats ear-marked for Pakistan

occupied Territory.@ Metropolitan Council Constituencies.

- 79 -

ie of S ta to of C'-.vu.e of

v a c

1. Delhi

1. "sscn

2. Bihar

3.•HimachaiPradesh 1

1 •

5. I-iadhya •

Pradesh 1

€.. Maharashtra l

7. Punjab 1

Ey rnemhers By .RetirementBv Retirement

(-s. on 31.10,1983) .

".tV'of "bate of"r. poll*

_ _

12, 4,.802.4.82

Remarks

HQUSIJ' 01'1"1 TH*J P'JOPLiJii

5,, Koktjajh^r (oT)' ^TO nominations6«Barpots ' were f i led in these8. Mangaldoi .••' cons t i tuencies at9« Tezpur ' , the general e lec t ion

10.. Kowgong . to Lok Sabha in Dec.,13.i-ibrugarh . \ 1979 and Jan , , 1930.14. Lakhimpur

2,, Eettiah

2., , Mandi

4. Sonepat

46. Sangli

6.Hoshiarpur

Death

Regn.

Reqn,

Death

Regn.

Regn.

Th? Poll subsequently. fixed for 17/21-2-83was adjourned-. In caseof 8.1viangaldoi poC the>poll has beencountermanded due tothe death of aContesting candidate.

2 5 . 3 . 8 3

17,10,33,

31,5,82

7.10,83

9»7.83 13.11.83

22.7.82

•Contd

- 80-

11

6, uttarPradesh 1 73. Liu land shahr Death 5.12.82

E COUMCIU

Pradesh

2. Bihaf 39

Hyderabad L.^. Retired

Patna L.^.Bhojpur L.Ji.Bar an Lc.^.Champaran L. iMuzaffarpur LDarbhanga L.-*1-longhyr L.^.Purnea L.xi.SanthaiParganas L.^.Hazaribagh L.-Dhanbad L,, .

Patna L.^.(3 seats)Bhojpur L.*i.

DarbhangaSanthai"

gRarjchi L.-Singhbhurn

1.7.76

Retired 6.5.78

Retired 31.5.80

Reconstitution of theHyderabad MunicipalCorporation(themembers of whichconstitute theelectorate) is awaited,

The Cornmission hasdecided that theprogramme should befixed after redelimi-taticn of Council'constituencies asrecommended- by ,all thepolitical parties inBihar.

•*-d o—

- 81 -

Eih^r (Contd.) Patna L.l*. Retired . a. 5.82'

Muzaf farpur . L.-i. •"(2 sea t s )Darbhanga L.*-.i-ionghyr L..^.Saharsa L.-'*.1 hagalpur L.<\. •Ranchi h.*'*, •,Pa lama u L.-\. <oinghbhum L.'^. ;'Tirhat Teachers ' Retired 6.5.82Honghyr Teachers ' Retired 6.5.82

Darbhanga Graduates ' Retired 6.5.82Bhaqalpur Graduates Retired 6.5.82

The Commission hasdecided that theprogramme should befixed after redelimi-tation of Councilconstituencies asr ec ommended by allthe politicaluarties in Bihar.

3. 21 Mys or e-c um- iCadag :J

Dharwad L. --.l-landya L. **.,Hassan L.'*..relgaum L.^.Dakshina'Kannada L.-i,

Belgaum L.^.Bangalore L.^,Chitradurga L...i,Bidar L.^.l ttar Kannada L.Kolar L.<*.Dharwad L. -.

.Retired

Retired

1.7.78

14.5.80

The CoiTiiiiission hasdecided that theprogramme should .befixed a f te rr ede 1 irnit at ion of'cons t i tuenc ies .

- d o -

Karnataka (Contd.)'v Gulbarga L.**.Bangalore L>,^,Shimoga -cUm •ChiTonagalur t .^ .Turnkur L.---.Raichur i^.-.canary ^ . - . .Kysore-cum-Coorg. L.>'i.

Retired 11.5.82 The-, Commission hasdecided that theprogramme should befixed after redelimitation.of Co4«cilConstituencies.

4. Maharashtra 7

5. Tamil Hadu 21

Dhulia L.^.

1-Jasik L.^.Poona • L,' *.Kolhapur L.^.Osrnanabad andBhir L.-i.

Parthani andNanded L.*i.

Madras L.^.

Retired

Retired

Retired

Chengaiapattu L.,,. > RetiredCoirnbatore-Nilgiris •. -L.-. (2 seats) • .. •i:adurai L . ^ . (2 seats) ..Tiruneveli L.--*. (2 seats):

2 4 . 4 . 8 2

7 . 7 . 8 2

21.4.74

21.4.76

Redelimitation ofthe Councilconstituencies isunder progress.

-do-

Reconstitution ofthe Madras Corporation(the members of whichconstitute theelectorate;is awaited.

Reconstitution ofLocal bodies isawaited.

3 . 4 . 6 .

Tamil Nadu (contd.) North Arcct L.A.(2 s-.ats)South Arcot L.A.-(2 seats)Tiruchir fapal ly-pjndukkottai L.A.(2 seats)Kany G kurra r i L. i i.

Than j avur L.A,(2 seats)Salem-DharmapuriL..-. (2- scats)Ramanathapurerr; .L.A*(2 soats)"

I1IX .IIX1

Retired

Retired

'21,4.78

21.4.80 -

Ro const i tut ion ofLo.cal Bcdias isawaited.

Reccns t i t u t i o n ofLocal ' Bodies fcsawaited.

6, Uttar Pradesh 45L.A. • - ](I'toradabad L.A. .\Plampur-cuir.-Budaun L..^ IFilibhit-curri- IShahjahanpur L.A, \Khijri-curri-Sitapur"- " Icurn-Kardoi L. 4. ' I(2 seats) - - XFratapg-rh-cum- XS ultanpur-cum— • \Barahanki L.A. X(2 seats) I-LK.or.-ai-curn-Bal 1 ia L. A. IBulandshahar L.^. IKeerut-cum-Ghaziabad-r Xcurr.-Niuzaf farnaaar L. 'v. \(2 seats) " I

Retired 5. 5.8C Pr o or a mne will befixed after re-delimi-tation cf CouncilConst itufencics.

- 84 -

1 . 2 . 3 . 4 . 5 . 7 .

Uttar Pradesh(contd.)

Snharanpur-cum-D-jhEadun

Garhv.'al-cum-Kutnacn L.A.Luc l-aicw-cum-unneo-cuiTi-P.ao JBareli L.A.(2 saats)Gonda L. A.Bahraich L.^.Faizabsd L.A.Ba s t i - cu m-Gor a khpur L; A.Jaunpur L.i\.iillahabad L.^.Mairipuri-curTi-Etah-cum-Mathura L.i». :

gKainital-cum-B c iroi l ly L..

xxxxxx

5. 5.80 Pro-ranr;- v i l l befixc-d after redoli-mitation of CouncilConstituencies.

Basti-cum—Gcral-chpur L..\.(2 soats)D^oria-cum-Ballia L.^.^z^Higurh-cunvGha2ipur L*-.;*.(2 seats)V-jranasi-cum-Mirzapur L. i»(2 seats) .'.Fatehpur-cum-Banda L.A.Kamirpur-cum-Jhansi L.A.:.Jalaun-cum-Etawah L.**'. 'Kanpur-cum-Parrukhabad L.A.(2 seats)Ma inpur i -currv itah-cum-Mathura L.i^,

Rutirud . 5. 5.8 2 'Fro gramme vjill befixed after redel i -mitaticn of C ouncilConstituenc ies .

Uttar Pradesh(Contd.)

$ . Pradesh 6'

2. Bihar

3 . Jamrnu &Kashmir

-llahabad Graduates' RetiredHeerut Graduates'

Lucknow Teachers 'Gorakhpur-cum- : R - 3 t i r ( a d .Faizabad Teachers ' : K - r i r ^ a

-igra Teachers 'Meerut Teachers '

LEGISLATIVE COUNCILS

By members•Krishna L.~Krishna L.-Ey. momfccrsby .membersBy members

-5.5.32

1 By ML", ' s

3 By membersBy members

By Members

Death

Regn.Regn.Regn.

5.5.82

Regn.DeathReqn.Regn.Reqn.Death

11.8.8225.10.8217. 1.837.1.8314.2.838.8.83

12.10.83

6.6.837,6.83'11.6.83

Programrrie _v;ill befixed after redeli-rnitation of Councilconstituencies.

-do -

Reconstitution oflocal bodies awaited.Ther e for e elect ionfrom Local authoritiesconstituencies cannotbe held. Further thebtate- CJovt., informedthe CorruViission thataction is .beinginitiated to abolishthe --ndhra PradeshLegislative Council.

Contd

jfc f - ~ i ^ -

Pracleah 2

17

3- Bihar •

4« Haryana

5 • Jauiiiiu &Kats i u i i r

6

113. Martur249. Pecdapully

32« Bongaigaun

iiagn. 0.5.8 3£dgn. 27.7.83

Polladjourned 27.2.83

34.

35.

• ~ n •

7 1 .7 2 -75-

.^bhayapurHorth

Abhayapuriouch(dC)'

KaiaigciondipajharDhetviajuliBar.cliall••ciootea

1!

it

l l

il

it

• i t

it

f!

1!

ft

t!

!t

tt

II

II

il'.- 1113111

1

1

1

77 .7 8 .8 1 .99.

118.119.'120.252.

7 8 .

4 8 .

BahaliGOhpur-luharighatMajuli(oJ)DuiiajanTingkhong.JaivirkatiJ

• Gurn^i

jj'aCohabad

Dod a

I!

II

It

il

Dei a ch

Declax'atiGnof resultv/xthheld byt he CominioLji

11

2^.9.83

18.8,82

;.5.83

33115

ManjariPunaloor

DeathDeath

13.11 .8313.11 .83

Election Counter-nanded on .3.9.83.ElectionCountermandedon 15.2.83.

ordered fo.repoll inpolling o "uHigh Court ha,j bayed -:\VJ

1 order.

24-10.83

L Li c 1

7. Madhva Praoesh 1 213. Seoni Death • 12.12.80

8 .

9 .

1 0 ,

1 1 .

1 2 ,

1 3 .

1 4 .

Maharashtra

Punjab

Rajasthan

Tamil Nadu

Tripura

Utter Pradesh

West Bengal .

1

1

1

2

1

5

2

265.

110.

2 9 .

6.8.

1 8 .

57.191.199.335.318.

49.74.

Pat an

Pacea Kalan

Mandwa

Purasawalkam• mnanaqar

Chariiam

Pilibhit 'oiswa

.MadhogarhTindwari'

KaliachakKrishnaqar (SC)

•k -k -k -K

-k -k -k

*

Death

Death

Death

Regn,Regn.

De^th

DeathDeathDeath

DeathDeath

23v.4.83 13.11.83

2O.S.83

1.9.83

18.8.8318.8.83

7.4,83 13.11.83

17.2.8214.12.8228.3.8310.5.8319.7.83

16.8.8327.9.83

Election Petitionis pending. Hencebye-electioncannot be held.

- 88 ~

CHAPTER - VI

s Y^of elections etc.

During the month of October, 1983,

Commission's views on pending bye-.el act ions in

the country, documentary' film on poll process/

simultaneous elections to Lok Sabha and State

assemblies and raising ceiling on poll

expenses etc. appeared in a section of the Press.

Relevant press-clippings from the concerned

news-papers are reproduced in the following

pages:-

. ~ 8 9 -

5 by-elections

on Nov 13

One Parliamentary and four Assembly bye-

elections will be held on Nov. 13.

Announcing this here today, Election

Commission Secretary K. Ganesan said the Parlia-

mentary Constituency was Sangli in Maharashtra .

The bye-election had b; en necessitated by the

resignation of Chief Minister Vasant Patil

from the Lok Sabha.

The assembly constituencies were Patan in

Maharashtra, Martur and Paddapalli in Andhra

Pradesh and Charilam in Tripura.

While the notifications in respect of the

Assembly constituencies in Andhra Pradesh and

Maharashtra would be issued on Oct. 13, the

one regarding Charilam was issued on Oct. 5 in

view of the Puja holidays.

Mr Ganesan said a decision on holding iihe

parliamentary by—election in Hoshiarpur and

Assembly by-election in Pakka Kalan in Punjab

had been deferred in view of the suspension of

the State Assembly and promulgation of President's

rule. . . -.'

Contd...

- 90 -

Chief Election Commissioner R.K. Trivedi

had discussions with the Chief Electoral

Officers of Bihar, Haryana, Punjab, Uttar

Pradesh and Rajasthan today.

_It was decided to hold the pending bye-

elections- in these States by Dec. 31.

Hindustan Times

New Delhi

8-10-1983.

- 91 -

• Documentary on

'poll process

The Election Commission has decided to

show documentary films throughout the

country to educate the electorate about

the process of elections and the correct

way to cast a vote.

The films, likely to be ready by early

next year will cover the entire process of

election including casting of the vote, the

election of candidates and even the oath

taking by the Ministerial candidates.

The 45-minute documentary is being

made by the Ministry of Information and

Broadcasting for the Election Commission.

Hindustan Times

New Delhi

6-10-83.

- 92 -

CEC, for raising ceiling on

poll expenses

Chief Election Commissioner R.K. Trivedi

said here today that the ceiling on election

expenses should be increased in view of the

mounting expenditure being incurred by

candidates and political parties.

The ceiling at present was Rs.35,000

for an assembly constituency and Rs. one Lakh

for a Parliamentary constituency.

Mr. Trivedi told UNI that he had recently

written to all political parties on the issue,

requesting them to suggest to what extent the

ceiling should be increased. No replies had

so far been received, he added.

He said the issue could also be discussed

at a meeting of political parties.

Mr. Trivedi said political parties had

not responded favourably to Vice President

M. Hidayatullah1s suggestion that no poli-

tical party be given recognition unless it

polled one sixth of the total votes in an

election. The Election Commission had

written to political parties seeking their

views on the issue.

- 93

The Communist Earty of India had opposed

the suggestion, he said;

Mr. Trivedi said that the Governme-nt has

accepted in principle the Election Commission's

proposal to make' uso of electronic voting

machines for all elections,in the country. He

said that the Commission had proposed that

electronic voting machines, which had so far been

used only on an experimental basis in about a.

dozen assembly constituencies, be used in all

Parliamentary constituencies.

The Commission had also asked for funds

to use electronic machines in one parliamentary

by-e-lecticn to be held in December, he said.

-Mr. Trivedi said the introduction of

electronic voting machines would result in the

saving of both time and money. It was es t i -

mated that if the machines were used in a Lok

Sabha constituency, there would be a saving of

more than RS. 5 Lakhs.

National HeraldNew Delhi2 5-10-83.'

- 94 -

: EC may ask for simultaneous elections

The Election Commission is likely to . .

reiterate its suggestion to the Government for

simultaneous! elections to the Lok Sabha and

a dozen State Assemblies which are scheduled

for 198 5.

Elections to the Lok Sabha are scheduled

for January, 198 5, while roost of the State

Assembly elections including those of Madhya

Pradesh, Rajasthan, Himachal, Haryana, Punjab,

UP, Bihar, Orissa, Gujarat and Maharashtra are

scheduled for June, 1985.

Chief Election Commissioner R.K. Trivedi

feels strongly that holding simultaneous elections

would save at least Rs. 3o crore.

In an interview, he said that the last

^Parliamentary elections had cost the nation

/while those to a b o u t Rs. 50 crore,/ If simultaneous electionsthe StateAssemblies cost were held, much of the additional money spent

Crore. . - • > . .

on the Assembly Elections could be saved.

His suggestion for holding simultaneous

elections in 198 5 had been made long ago, and

the matter had been referred to a Cabinet sub-

committee.

- 95 -

Even if it meant some adjustment in the

election programme, and curtailing the life of

the present legislative bodies/ this method

would save the political parties and candidates

a huge expenditure.

Mr. Trivedi said holding simultaneous

." elections would also lead to considerable

economy in the huge administrative cost and

release scarce financial resources for deve-

lopmental activities.

The large army of civil and police forces

employed for election duties would be needed

once and the dislocation of civil administra-

tion for a longer period could be avoided.

Regarding the introduction • of electronic

voting machines, Mr. Trivedi said that this

suggestion had also been pending with the

Government for a long time, but no final

decision had been taken. The Election Commission

needed about 3.5 lakh electronic vatf^ng

machines which.would cost the public exchequer

just about Rs. .1.60 crore. Half of this money

would come from the State Governments while

the Central Government would contribute the

other half.

- 96 -

. Electronic voting machines would greatly

simplify the entire election process which

otherwise involved tremendous labour and paper

work.

After the Parliamentary and State Assembly

election the electronic voting machines could

be well used for elections to various other

bodies. The present electronic machines could

cover a maximum of 12 candidates in one consti-

tuency and according to the last election

analysis, an average of five to seven candidates

contested the elections.

Mr. Trivedi said that the introduction of

electronic voting machines would certainly mean

a large financial saving and would also eliminate

malpractices.

apart from tangible savings like the

saving of paper and the printing of ballot papes,

a large number of intangible benefits were also

likely to flow.

Besides, all the problems relating to

security arrangements for the storage of ballot

boxes or even transporting them would be auto-

matically removed.

The problem of a large number of invalid

votes (in some parliamentary constituencies

as many as 10/000 invalid votes had been cast)

- 97 -

would also ba considerably checked and this

should help in the assessment of the voters'

choice. The Administration, which virtually

came to a halt for almost two months during

elections wog.ld be relieved of this responsibility

within a much shorter period. This would enable

it to devote itself to developmental and other

normal administrative activities.

Regarding the ban on defections, Mr. Trivedi

said nowhere was the money power more blatantly

used than in securing defections from one party

to another. It had been alleged that the

temptation given tc the candidates ranged from

outright financial inducement to the offering

of offices of profit which conferred status and

pecuniary benefits.

Mr. Trivedi said in a study covering 1967 -

73; out of 2,700 recorded defections, 212

defectors got Ministerial status and 15 became

Chief Ministers,. Now the fashion gaining

currency was to offer chairmanship or director

ship of public undertakings with attractive

perquisites and some time with Ministerial

status.

- 98 -

In some cases the law itself was rr.ou.Idod

to grant exemption from disqualification.. <:.voc

retrospectively s

He said while it was true that the India'-'

Constitution conferred powers en the laqisl-a-

tures tc grant exemptions., morality in -j'blic

life would demand that membership of leqi«Ja-

turas 'houlr- ceaso to "he negotiable and the

starting point cculd bo the banning of dof,::-

tionSo

Hindustan Times :New Delhi,6.1OO83.

- 99 - .

CHAPTER - VII

E'> ye-elect ions to Legislative assemblies.

Two vacancies had occurred in the

Himachai Pradesh Legislative assembly - one

on the death of Shri Des Raj Mahajan/ a member

elected from 51-: Banikhet constituency on

8.12*1982 and the other on the resignation of

Shri Ram Lai of h is seat from 4-Jubbal Kotkhai

constituency on 14.8.1983. Bye-elections to

f i l l these two vacancies in the s t a t e assembly

were held during the month under review.

The Commission fixed the- following common

programme- for the two bye-elections : -

(1) Date of notification. 5.9*1983(Monday)

(2) Last date for making 12.9,1983nominations. . (Monday)

(3) Date for the scrutiny 13.9.1983of nominations. (Tuesday)

(4)Last date for withdrawal 15.9.1983of candidatures (Thursday)

(5) Date of poll 5.10.1983(Wednesday)

(6) Date before which 7.10.1983elections were to be (Friday)completed.

(7) Hours of poll 8.00 a.m. to 4.OO p.m.

Contd...

- 100 -

The namber of validly nominated

candidates, withdrawals and number of

contesting candidates in respect of these

two bye-elections were as follows: -

Name of assembly Number of Candidatesconstituency. Validly Withdrawn Contesti

nominated

4. Jubbai KotkhaiConstituency. 5 2 3

51. BanikhetConstituency 11 5 6

The bye-elections were held as scheduled

and the following candidates were declared

elected : —

Name of the Name of. the PartyConstituency Candidate affiliation

4. Jubbai Kotkhai Shri Virbhadra INCConstituency, Singh

51. Banikhet Shri Kishori Lai BJPConstituency.

Detailed results of these bye-elections

are furnished in the statements annexed

- 101 -

Detailed Results

State : Himachal Pradesh

Constituency : 4-Jubtal Kotkhai

Date of vacancy : 14.8.1983

Cause .of vacancy : Resignation of Shri

. Ram Lai .

Date.of Poll : 5.10.1983

Electorate : 31,846

Valid votes polled : 25",527

Votes rejected : 2 21

Name of t h e Candidate Party . Votes Polled

Shri Virbhadra Singh INC 22,632 (E)

S h r i Daulat Ram Chauhan B.JP 2,774

S h r i Durga Singh Rathaur IMD 1 2 1

State

Constituency

Date of vacancy-

Cause of vacancy

- 102 -

: Himachal Pradesh

: 51-Banikhet

: 8.12.1982

: Death of Shri Des RajMahajan

Date of Poll

Electorate

Valid votes polled

Votes rejected

5.10.1983

41,568

29,790

264

Name of the Candidate

Shri Kishori Lai

Srofc. Devindra Kumari

Shri Daulat Ram Nirdoshi

Shri Het Ram

Shri Daya Shil

Shri Ram Chand

Party

BJP

INC

CPI

IND

IND

IND

V o t

17

9

2

es P i l l

,015(E)

,610

,611

3 0 8

1 7 5

71

- 103 -

•• • CHAPTER -VIII

: Miscellaneous

Eeeting of the Commission with someChief Electoral Officers.

(ii) I i ••• ctio?: of polling stations..

The Chief Electoral Officers, of the States

of "Bih-'ir/"Haryana, Punjab, Rajasthan and

Uttar Pradesh met the Chief Election Commissioner

in Delhi on 7th October, 1933 to discuss various

subjects like holding of bye-elections to the

House of the People and State Legislative

assemblies,holding of elections to the State

Legislative Councils from the local authorities'

constituencies, procurement of voting machines etc.

ii copy of the minutes of the meeting is

reproduced in the following pages (Appendix I).

In order to avoid last minute changes in the

location of polling stations resulting in

inconvenience to the voters, the Commission has

directed the Chief Electoral Officers of all

States/Union Territories to get the buildings

for polling stations inspected by responsible

officers. The circular letter issued by the

Commission in this regard is also reproduced

in the following pages, (appendix II).

i.PPEHDIX-1

Minutes. of _thc

On 7,10.1983, Chief Election Commissioner

held discussion with the Chief Electoral Officers

of Bihar, Haryana, Punjab, Rajasthan and Uttar

Pradesh to discuss mainly the matter relating to

holding of pending bye-elections in those States.

The following were present : -

(1) Shri R.K.Trivedi ' - Chief ElectionCommissioner

(2) Shri B.K<, Singh - Dy, ElectionCommissioner

(3) Shri K.Ganesin •- Secretary

(4) ShriR.P,Bhal];. . ^ecrcbary

(5) Shri P.H.Vaishr3.v --Chief Electoral Officer.Punjab.

(6) Shri Satieh Ph--jnag?r--Chief Electoral Officer,B ihar. -

(7) Shri J.C.Pant . ••• Chief Electoral Officer,I)ttar Pradesh.

(8) Shri G.CUpreti - vTt, Chief ElectoralOfficer, Uttar Pradesh.

(9) Shri Manmohan SinghChoudhary _ j t , Chief Electoral

Officer, H

(10) Shri V.D.^garval - Jt .. Chief Electoral

Officer, Rajasthan.

^t the outset, Chief Election Commissioner explained

the Commission's approach to the holding of the

pending bye-election.^. He a^±r- that wince some of the

vacancies were of long standing nature, efforts

Contd...

0

- 105 -

should be made to hold the bye-elections in

any case before the end of this year.

Incidentally, he also referred to the

developments in Punjab where the legislative

assembly had been kept under suspended animation

by imposition of President's Rule.

He thereafter invited the views of the

participants.

The Chief Electoral Officer, Bihar,observed

that in view of the important festival of

Chhath in which a large number of women and men

take part, i t would be difficult to hold the

bye-election from Bettiah constituency in

November, 1983. Some of the areas had also

become inaccessible on account of floods due to

which the movement of petrol and polling parties

would be difficult. He, therefore, suggested that

the bye-election should be held in early December

or later December.

The Chief Electoral Officer, Uttar Pradesh

also stated that many of the districts like Pilibhit

Deoria, Banda and Gorakhpur, were affected by

wide-spread floods and he would, therefore,

suggest middle of December for holding the

bye-elections. He also stated that Milad - ul-Nabi

fell on 18th December and poll date might not be

fixed on that date,

Contd*..

- 106 -

The .Joint Chief Electoral Officer, Rajasthan,

said that in his State Nyaya panchayat elections

were being held after two years and in the

entire State the announcement to that effect

had already been made. It would, therefore, be

difficult to disturb those elections by holding

the assembly bye-election in December, ^fter

consulting the State Government ,he had dr wn

up a programme to have the poll either on

the 15th January or 22nd January, 1984.

The Joint Chief Electoral Officer/ Haryana,

stated that the flood relief operation like

distribution of grants, subsides etc. and

thereafter rabi sowing would continue t i l l

January. Therefore, it would be difficult to

make arrangements for the bye-elections as the«

people would be engaged in that work in December.

On account of this, there might also be

allegations of undue influence being exercised

through these subsides.

Chief Election Commissioner observed

that the-Chief Secretary -Chief Electoral Officer

met him on 6th October, 1983 when he was told

that the Commission would like to hold the

bye-election in any case by the end of 1983.

Contd . . .

- 107 -

some discussions regarding theer

programme, Chief Election Commissions/directed that

30th December or near about should he fixed as

the poll day and the programme for the other

stages should be worked out backwards on that basis.

**s regards Punjab, it was decided that there

was no point in holding the bye-election to the

assembly when the assembly itself has been kept

under suspended animation. ^s regards the

Parliamentary elections in Hoshiarpur, the situation

should be watched before taking a final decision.then

Chief Election Commissioner/took up the other

matters.

On enquiry from him regarding the holding

of the election to the legislative council from all

the local authorities' constituecies which

are lying vacant in Bihar and Uttar Pradesh. Chief

Electoral Officers were asked to furnish particulars

regarding the component local authorities' which

were in position at present. Chief Election Commissioner

observed that these elections should be held in

the first quarter of 1984.

On enquiry from the Cnief Electoral Officer,

Bihar, it was clarified that the persons elected

from all the 34 local authorities' constituencies

would have the full period of 6 years term irrespective

of whether the vacancies were existing from 1978/

1980 or 1982 as the case may be.

Contd...

- 108 -

The Chief Electoral Officer, Bihar/ informed

that in the district of Purnea which had been

affected by the problem of large scale migration

of people from across the border, the situation

had been brought under control by proper

veri fication.

The Chief Election Commissioner pointed out

that in thecase of Bihar, there had been the

largest number of election petitions pending. He

advised the Chief Electoral Officer, Bihar, to

contact the Chief Justice or Registrar of Patna

High Court mentioning about his meeting with the

Chief Election Commissioner and requesting him to

explore the possibility of getting those pending

petitions disposed of as expeditiously as possible.

When 7 cases where the High Court had

passed strictures in their judgments indic-ting

certain officers employed for election duty was

discussed, Chief Election Commissioner observed

that strict disciplinary action should be taken

against them.

The Chief Eleatoral Officer, Bihar, pointed

out that under the rules and regulations, the

departments concerned were required to take

disciplinary action and different departments were

viewing the matter differently and that he was feelim

helpless in such cases.

Contd...

- 1O9 -

In this context, Chief Election Commissioner

said that the Chief Electoral Officer should bring

the cases to the notice of the Chief Secretary

and there should be an arrangement for examination

of these cases on a uniform basis. For this

purpose, the District Magistrate could be

designated as an authority empowered to deal with

all cases in his district irrespective of whether

the officers belong to different departments.

Chief Electoral Officer, Bihar,promised to

pursue the matter on the basis of Chief Election

Commissioner's directions.

The Jt. Chief Electoral Officer, Haryana ,

was asked to look into cases of delay in

furnishing a report regarding the account of

election expenses from Kaika District which had

been pending for a long time.

The Jt. Chief Electoral Officer, Haryana,

said that he would talk to the authorities

concerned and promised to expedite the cases.

"•s regards the pending vacancies in the

Legislative Council from the local authorities'

constituencies in Uttar Pradesh, it wa3 reported

that though the elections to Panchayat and Zila

Parishads were completed in a large number of

cases, the elections to municipalities were

still to be completed, ^s soon as these elections

Contd...

- 110 -

wer.o completed, elections for filling up

a n the vacancies from local authorities

constituencies would be proposed.

The Chief Election Commissioner suggested,

as in the case of liih-r, these elections should

be held in the first quarter of 198-'}.

<•--& renirds the illegal enrolen'ont of

Shri B.P.Maurya, M. P. in uttar Pradesh the

Chief Electoral Officer explained that in

Ghaziabad which wcas earlier a part of the Mecrut

district, his name had been enrolled. The records

relating to the last intensive revision was

found not traceable and the Kanunqo who was

responsible for the • operation of house to house

enumeration at the time was given some sort of

punishment for the missing records.

Chief ^lection Commissioner observed that in

view of the fact that the basic records on

which the penal action could be taken was ail

missing, the matter might be treated as closed.

When the Chief 'Electoral Officer, uttar Pradesh ,

enquired about the procurement of Electronic

Voting Machines for which a provision had been

made in the citato budget, "Chief ^lection Commissioner

advised that they should procure the machines

out of the funds available and use those machines

for all bye-elections in the State, He also

observed that whenever these machines wore used

Contd.,.

- Ill -

at the bye-elections from the parliamentary

constituencies, the State could recover theusual

election cost ffom the centre on the < /_ pattern.

The Chief Electoral Officer wanted a direction

from the Commission that the machines should be

used at the ensuing elections from the parliamentary

constituency/ Bulandshahr, so that it would enable

the State Government to procure the machines and

utilise the amount provided for in the budget,

Chief Election Commissioner said that such a

direction would be issued.

The Jt. Chief electoral Officer, Rajasthan,

pointed out that in his State out of 200 assembly

constituencies, intensive revision had been

completed in respect of 176 assembly constituencies.

On enquiry from Chief Election Commissioner, the

Jt. Chief Electoral Officer said that there had

been some abnormal increase in Sri Ganganagar

district. The Chief Electxon Commissioner pointed

out that wherever abnormal increase was of more

than 2.5% per year, there must be proper

verification to find out whether any lapse or

irregularity had been committed during intensive

revision.

Contd...

• • - 112 -

It was decided that as an experimental

measure one assembly constituency each in

Haryana and Rajasthan should he selected

where the electoral rolls could be prepared

by using computer in Hindi.

With a vote of thanks to the Chair, the

meeting ended.

- 113 -

.'J LECTION COMKIS^lON OF

a.ch-'in Sadan,^shok Road,Now Delhi-1.

Mo. 64/83/'• -- Dated 15th October, 1983.

To

The Chief TJloctoral • Of ficors ofall States/Union Territories.

Subject :-Setting up of polling stations -Inspection of -

Sir,

I am directed to say that during the recent

general elections .of State sser,-biies in some States,

it has come to the notice of the Commission that the

location of polling stations was changed on the eve

of the elections on a large scale causing great

inconvenience to all concerned. It is very necessary

that the polling areas and polling stations are settled

well in time, without making frequent changes, so

that the electors will, have no difficulty in locating

their polling stations. The Commission, therefore,

desires that the Chief Electoral Officers must take up

the work on hand and cause inspection of polling

stations by responsible officers under them to avoid

last minute changes in the polling stations.

The receipt of this letter may kindly be

acknowledged anri the action taken in the matter intimate

to the Commission.

Yours faithfully,

bd/-( C . L . R OS 1] )

, • _ 1 1 4 -

CHAPTER - 'IX

Revision of electoral rolls - Safeguardsagainst the inclusion of foreigners in the

Electoral Rolls.

Recently some cases of abnormal increase of

electors in some assembly constituencies were

brought to. the notice of the Commission. On-the

basis of the sample survey undertaken in selerted

areas of these constituencies to ascertain the

causes of such abnormal increase of electors, it

was found that this might be due to recent large

scale influx of people from a neighbouring

country. In order to ensure-that names of

ineligible persons are not included in the electoral

rolls, the Commission issued certain guidelines

in regaj*a to the inclusion of names in the

electoral rolls "for the first time". The circular

letter No* 23/1/83 dated 25th -ugust, 1983

containing these guidelines is reproduced in the

following pages :

- 115 -

ELECTION COMMIT I ON OP IiQIA

' Kirvachan 3 ad-As hole -Road,Ifew Dolhi-110 (

August, 1981adara, 19O5CJ

No. 23/1/83. • Sated

To

The Chief e l ec to ra l Officers of,

1. Bihu.r, Pntna* ' »• rfikkim, Gangtok.2. Manipur, Iraphal. 7« West Bengal, Oalcutt3« Mughal ay a, <Jhillong. " 8. Arunachal Pradesh,4« ifegaland, Kohima* ^ Itanagar.5« Tripura, Agartala. 9. Miaorai.i, -iizawal.

• . : •* ' • . • 1 0 . ^n&auian & I ^ i c o b a r I sPort Blair.

Subjects- Intaosiv# revision of Electoral Soils, 1983-84 -IncltJSica of namoo of non Indiana Gitizons for f:tine in. tho rolls - Instructio:i3 regarding.

In. contination of tho Commission's l o t t o r No. 23

dated 1.7*1 '983, I aa directed to a ay that rocontly a Ohio

Electoral Officer brought to the notice of tho Ooinmissior

cases of abnormal increase of electors in some constitutor

as per onumoration done with reference to 1st January, 1':

as tho qualifying date . On, tho basis of the sample surv-

undertaken in solected areas of those const i tuencies, to

ascer ta in the causes for such abnormal incr-aso of ^lect

i t i s 'apprehended by che conceraed Chief Electoral Of f ie

that sueh abnorxaal increase might be duo to recent large

scale i.ifl;ux of pooplo from a neighbouring country. *-is

. r e su l t of the sample survey,, i t was also found that the

included in the enumeration cards are new :iar;ios not fou-

in the electoral r o l l s currently in force and the

status of those persons appear to bo doubtful.

'Uho Ohiof iilectoral Officer concerned has also sought

tlr- approval of cho Commission to undertake further survey

of al l thj constituencies in his otate which are su^oeptibl

to the problem of foroign nationals.

In the above circumstances, the Commission is anxious

that the serious situation now fac<-d in ussam should not

develop in other states especially those having borders or

proximity with neighbouring countries. While there is no

change in the Commission's directions and instructions that

tho names of doctors included in successive electoral rol l

lap-to the rolls last revised intensively- should not be

deleted unless their citizenship rights are determined

under due process of law by th^ prescribed authority

entrusted with she duty of determining the question of

citizenship, utmost care should b^ tak-jn against inclusion

of parsons with doubtful citizenship qualification.

It may be recalled chat for the above purposo the

Commission held meetings recently with the Chief Jloctoral

Officers of North .Eastern States (except Assam) to e rap has is

the seriousness of tho problem --nd the caution to be

exercised by the registration authorities in tackling the

problem. Certain guidelines emerged as a result of the

mooting which wore incorporated in the minutes of the

mo ..;ting sent to the Chief Electoral Officjrs concerned witt

Commission's letter of 1st July, 1383 referred to above.

.Dho matter has since acquired a new dimension having

regard to the bov-- reported cases of abnormal influx of

people into a vulnerable district ef a state from a neighbc

- 117 -

country and the inclusion, on a large scale, of

those names in the draft electoral rol l now under

revision.

In the above cisoumstances, the Commission

would again reiterate the following guidelines

for their s t r ic t observance in regard to the

inclusion of n-iroes in the electoral rol ls for

the first time •• -

(1) The names already included in the electoral

.rolls during the process of last intensive

revision should not be deleted just on the

ground that those persons are now alleged to

be non-Indian citizens. The sanctity of the

existing electoral rol ls should be observed.

The deletion of names of such electors

should only be on the basis of the production

of positive documentary proof obtained by the

objector from the proper authority dealing

with the question under law and even then in

such individual cases reasonable opportunity

should be given to th^ elector affected. The

onus is clearly on the objector and not on the

elector whose continuance in the rol l is

objected to .

(2) If, however, in any particular area or

locality affected by abnormal increase of

electors since last intensive revision, the

Contd...

- 118 -

following courses ^re open to the ChiefElectoral

Electoral Officer and the/Registration

Officers under him: -

(i) reas/constituencies so affected should

be first identified by the Electoral

Registration Officer under special survey

and full details of the areas/constituencies

which are prone to the problem of foreign

nationals should be collected;

(ii)The enumerators should be furnished with

full details of those areas or households

so that they may not cover during their

enumeration those households, locality or

areas;

(iii)lf however any such household still demands

inclusion of names of person in that

household, the enumerators should only

handover or drop Form 4 ' - letter of

request - to each of such households under

proper receipt and due endorsement made

in the enumeration card relating to the

household;

(iv) Copies of the electoral roll should not be

supplied to enumerators,

(v) In respect of cases covered by item No.

( i i i ) , on receipt of al l Form 4 duly filed

either with or without supporting documents

Contd...

- 119 -

by the household, the same should be

verified by the Electoral Registration

Officers concerned with reference to all

available documents either readily

available or maintained by agencies

like Police, District Magistrate relating

to the citizenship status of the? persons

concerned.

(vi). If the Electoral Registration Officer is

satisfied that the person whose name is

included in Form 4 has not fulfilled the

qualification of Indian citizenship, he

should give notice to the person for

providing reasona] le opportunity to him

to prove his case of bonafied citizenship

and take a final decision;

(viiiTho above procedure will apply only to

the cases of constituencies where

abnormal increase is noticed in the

electoral rolls after the last revision

and after the constituencies affected

are identified;

3. If there is a complaint or apprehension that

the enumerators have wrongly omitted certain areas

or households from enumeration on the basis of wrong

details furnished to them or otherwise regarding the

problem of foreign nationals, the electoral

Contd...

- 12O -

Registration Officer or assistant Electoral

Registration Officc?r should examine those cases

and direct the agency concerned to drop Form 4-

letter of request-to each of those households to

enable the household to furnish the details of

names of adult citizens and take further action

in accordance with the procedure laid down under

the law.

4. "fter the above process is completed, the

draft rolls may be prepared and finalised.

5. If, in the above cases, for want of

details regarding the areas where recent influx

of foreigners had taken place the names of persons

with doubtful citizenship have already been included

in the enumeration cards, and on the basis of

those cards the manuscripts of electoral rolls

have been prepared and draft electoral rolls have

been published, the Electoral Registration Officer

may give notice to the persons whose citizenship

qualifications is doubtful and take necessary action

for deletion of those names on being satisfied that

those names are being sought to be included for the

first time in the electoral roll and that they are

not entitled to be registered as electors for want

of qualification of citizenship.

Contd..

- 121 -6. In case, the Chief Electoral Officers concerned

feel that the above process would call for

rescheduling of the programmes of intensive

'revision now in progress in the affected constituencies,

the Commission should be approached immediately with

definite proposals in that behalf. It should, however,

be kept in mind that the revision should be completed

with the final publication of rolls in all cases

by the 15 December, 1983 as the programme of summary

revision of rolls,.in respect of those constituencies

with 1st January, 1984 as the qualifying date will

commence on the 16th December, 1983.

The Chief Electoral Officers are requested to

observe the.above guidelines both in letter and spirit

and ensure that fresh names are not_ included in the

electoral rolls for the first time without proper

verfication of persons with doubtful citizenship

qualifications. This course is necessary especially

in respect of sensitive areas faced with the problems

of influx of people recently from across the border

of neighbouring countries.

The receipt of this letter may kindly be

acknowledged.

Yours faithfully,

Sd/-( C.L.ROSE )

UNLER SECRETARY

- -122

CHAPTER - X "

Views of Vice-President on Elections andDemocracy. ,

Shri Mohd. Hidayatuliah, Hon'ble

Vice-President of India delivered the address

at the Ninth annual Convocation of the

University of Kashmir on the 2?th September/

1983, In the course of his address/ the

Vice-President expressed his views on elections

held in India. An extract from his heiress

touching on this aspect is reproduced in the

following pages with the kind-permission of the

Vice-President.

- 123 -

HOH4BLirYICS Pi dIDB;Tf Ob1

O-J |92H oil?J3i:ffiBR'8:5 'AI' i'h^

QQWOC flOH OP iH^ DilLYiiloIfT Oi1 IL^HMIR.

* -* * *

Jho Joeond ovoac of nuch significance i j chat

yj-ur ^to;c; h-^ oufforod th-j tr.iUiaa of : i /TJ.a r;-.i.l oloccion,

I ro^ard -^vory. riluction in our country ,;-J a trauLiitic

oxpopi-Ejgj. Jt opun-i up ciia wjunaj whioa hoal b^tuuon

Hvo oloctioiu and of ton i i f l i c t j novjox" and doopor j ao j .

BJ£OI>3 I £o oato the subject of oducatiun. wita v/hic^ wo

ar j prxmarily coxicom^d, lot ui-j jay ,i few wordo ia

-xplaiiacion of what 1 havo JUJO juici about your oloccioa.

I a.ii now ualking gon^r.^lly ,a(i not in r^l.; sion to ^ne laJ

cljgtion. If only what I Jay u appreciated wo aliould b.:

h.viaf- olocoionj on ratj.o-ial l i i - ; j . Parcio^ wil l tlxon

lo t r iva l portion gdi a oh/iac- to prov:- 5hei,r worch to

the voter j .

Vo cho33 democracy ao a forra of ,:-ov3rnmont. 0\x£

Gonsticution mak^a tliio a part o- cl:- declaration of tho

Proaiziblo and thuu domocracy io a p.irt of uh3 bajic

Jtructurc; of cho Con3 citution. ,/G chodo doraocracy io

^ivo OYory ono a f Air ana equal cli aico in the /^ovornanco

of tho country. Wo did aot choojo ic GO (-jive powur—

33okor,j and po l i t i ca l advontur J^S tho raoanj to diai up-c •

jocieoy with Jloganj and proiaioa^ which, in a l l roaoon,

cannot bo kopt ux* fulf i l led by ohoni- Dhoroforo, ulio

roaJooj why our do.uOcracic policy XJ bo^iimin-: to jaovr

cr.-i.cko are no c for to JO ok.

- 124 -

Our votor3 ar;" not al l educated and tho unociucat; :;d

cannot form a orop,-r jud/?omo:it, iot boing avnro of oho

h,ipt)jninn-3 in- bh:.j implications' of th- i r vot.:. Thoy form

their opinion it a ocond-h:ind :,nd thoroforo, opinion inking

has b-oom:- th.; oxcluoivo ppivil-go of two 3.;tj of p jopl-..-

who try t ) win support for thoir own viowa# 'flu f i r j t

oot of pur3)n.j conoiotj of peraoru coiuij t j of porjoiu

whom wo ball Hntclloctu^lj'.« i'ho.icj p.rjonu think that

they can g-ivo a glimp-.j of a :a-'W .ind bettor ordor ox

thingj but only if £>ociety jccupto v/has trusy <say and acw

on tho pat tor 3 of action Laid down by tlura. Unf oi-runut - ly

tho viuwj of. choOsj rintollocSualjT are vuriouj and ^

iJ looo common thinking and .noro cx"03G thinking. Jihich

T intolloctual1 thinks th.; ;, uli^r id wr,n:< and ;ho public

is thuj put to a choic- w.hich m:;y ultimvitcly WJV,: to b J unrvv:>

Oh-anp-j, r ;f orni •••.'.nd pro^roaJ ire hoalthy n ;tion^ ,.nd appliod

correctly can croato a bvttor j:-ci- jty. But in lUikin/r

chan^jj, not ,3p ed but caution, is :ti;ro noco3 3ojry. The

f int-jlloctuala' call thunji^lv-3 dynamic activiat3 ,.nd thoy

do nut wiah to wait. They .iro haJty, in addition t,; being

protnioin//. rh^y arv; pr...-por d to logitiiauo tho

iinat-- .ind vies vor^a. i?hoy aTij alway3 in favour

of a violent rupturj with tho paot. , Thoy do nut

dialvgu~3 but cjnflicc3. Triyy CIJ not aook t-* improve

things but to t^ar down to rebuild. Dhor-jfore, choy

not iblj-to lauuld opinion oxc-jpt iXQrgina

Xha iKatt set of persons who seek t .>. prepare public

opinion ar :• polit icians. Unfortunately there are po l i t i -

cians and polit icians. At election tiao p j l i t ic i -ns h...vc

J. fiJld day and to j?ain Dh.ir p.iac th--y ;;e GJ :,ny Ion

-Ch.-r- is a story which highli^iabs what I ai:i saying.

husband we-.it hoiao and ann-unc^d to his wifo chat h- had

d..cilod t_ contoot; an el-action. -£hj wifo was c ik^n :ib -ck

•ind aak^d,- "H^nootly?'1 fho. husb.-.ind replied, ^wnat differ

I -1J not say :hac ther • ar.j no gjJd m n in poli t ica.

o-i- liko Churchill and Do Gaulle sav-d Shoir cjuntry in

titnos of per i l . Others like Atiaturk. ond Jawah-jclal

JTohru built vibrant nations. But during -..loctioru, ::ho

ordinary run of t) . l i t icians think that no holds are barred.

I t is not n. fi^ht of ideologies but of individuals who

can collect a pr-.'up r -und oh. m ond bocoiao leaders. .There

are as many leaders in India as ohji'j are parties. I have

in lay Ho us J -;ven -i ono-iaerriber-P.xty •

'.ve h-:vo chosen 'doaocracy \ and a- Pr^f. Mciver e^id

in the »ijn of Gov-MiVi-nt ! ' it is aov a way of ^ovornin^ . . . .

but primarily a way of det^rJoining who shall, govern and

broadly to what ends." filers,are aiany leaders r~ady to

govern us bud to vmat -nd^ is -.ut cle.-^r.

I shall now leave cno "subj ;ct o>f p^liuics b^cauju ihis

is hardly che occasion for i t . , .'hat I h ;ve said is in

justiiicacion of why I. r^^ard elocti;ns -s a tr--iUiu

experience.

* -* * *

- 126 -

" •• CHAPTER - XI

PRESS REPORTS OH ELECTIONS AMD POLITICALSYSTEMS OF FOREIGN COUNTRIES/ AND OTHERMATTERS OF INTEREST.

Dur ing t h e month of Octols r , 1983, r e p o r t s /

editorials on Presidential Election in Maldives,

contemplated amendment in election law of Sr i Lanka,

dissolution of Swaziland Parliament, Presidential

Election in Argentina, re-electicn of Irish president,

forfeiture of seats of TULF M.Ps in Sri Lanka, Promises

of holding elections in Pakistan and Bangla Degh and

holding of referendum confined to white population

on the new Constitution of S outh i.frics. appeared

in the press.

The press reports/editorials which appeared

in the undermentioned newspapers are reproduced in

full in the following pages.

Name of Paper ( Date Topic

Patriot • 1.10.83 Presidential electionin Maldives.

.\mrit Bazar Patrike. ' 5.10.83 Regarding proposedamendment to the electionlev; in Gri Lanka.

Financial Express 6.10.83 Regarding proposedamendment to the electionlav in Sri Lanka.

Statesman • 7.10.83 Regarding election toConsultative ShuraCouncil of C^iro.

Times of India ' 11.10.83 Regarding dissolutionof Swaziland Parliament.

Contd..

- 127 -

Indian Express

Indian Express

Hindustan Times

F-triot

National Herald

statesman

Times of India

Hindustan Times

12.10.83 Regarding' Presidentialelection in Argentina.

24.10.83 Regarding IrishPresidential Election.

24.lo.83 Regarding forfeitureof- the seats of M.Psbelonging to TULF inSri Lanka.

26. 1Q.83 Regarding holding ofelections in Fakistan.

26.lo.83 Regarding holding ofelections in Bangla

26.10.83 Regarding holding ofelections in BanglaDesh.

28.10.83 Regarding holding ofelections in BanglaDesh

28, 10. 83 Re garo i ng ho I d in g ofreferendum among Whitepopulation on NewConstitution in SouthAfrica.

Hindustan Times

Patriot

3 1.10.83 Regarding electionsin - Argentina.

3 1.10.83 Regarding demand of thepolitical parties ofBangla Desh thatp-p.rl iamentary electionste held prior to LocalBodies elections.

- 128 -

MALDIVES GOES 7 0 THE POLIff

Voters i n t h e Indian Ocean a rch ipe lago

of Maldives went t o t h e p o l l s today t o approve

t h e r e - e l e c t i o n of Pres iden t Haumoon --»bdul

Gayoom-for a second f ive year te rm.

In"the capital city of Male - a couple of

square kms of coral sand with 12 polling stations,

the turnout was heavy for the voting which

began at 7 a.m.

Near the national security headquarters,

two queues of male voters stood patiently as

their names were checked by government official

and ballot papers issued. across the street.

a line of women voters went through the same ritual

before all ballots were past in a common box.

Patriot,New Delhi,1.10.83.

- 129 -

ICW ELECTION LAWS LIKELY IN SRI I/->HKA

The S r i Lankan Government p l a n n e d t o

introduce new election laws requiring candidates

for parliamentary by-elections to take an oath

disavowing separatism, informed sources said

here yesterday.

The move will effectively block the

country's main Opposition p^rty, the Tamil United

Liberation Front (TULF), from side-stepping an

earlier law, banning political parties which

advocate separatism.

The law targetted groups advocating a

separate State for the country's Tamil minority-

Passed in the form of a constitutional

amendment last "-uqust, the law also imposed

civic restrictions on persons calling for the

division of the country, and required all elected

officials, including members of Parliament, to

swear an oath of allegiance to an undivided State.

It was meanwhile, easily the most-talked-about

"tea party" in the Sri Lankan capital last Friday.

Very few such events here have been as

widely noticed a3 the 'tea' Sri Lankans played

host to the American Defence Secretarv Caspar

Weinberger,

Contd. . .

- 130 -

Indeed, one Sri Lanka newspaper has

compared the intense diplomatic activity of the

past week to that which attended the 1976 Colombo

nonaligned summit.

Calling it all, "much diplomatic ado" :

The 'Sun' newspaper said today: "One diplomatic

mission after another (had) set in motion its

machinery to find out. why Weinberger was here.

Bazar Patrika,Calcutta,"5.10.83.

- 131 -

S R I L^NK^ TO AMEND ELECTION

The Government will introduce an amendment

to the election law to checkmate the secessionist

Tamil United Liberation Front's (TULF) strategy

of avoiding the oath to a unitary state by

forcing by-elections.

according to the Governmentcontrolled

"Veylori Daily News" an amendment to the election

law requiring all candidates for the by-elections

to subscribe to the anti-separatist oath set out in

the sixth Amendment' to the Constitution had

already been gazetted.

The legislation is to be presented in

Parliament shortly.

TULF, which has refused to subscribe to the

anti-separatist oath which is mandatory to be a

member of Parliament, has planned staggered

resignations by boycotting Parliament for three

months which would automatically render the

Front's seats vacant.

To circumvent the anti-separatist oath, the

Front planned to take advantage of the Fifth

-Amendment to the Constitution which savs any party

that holds a parliamentary seat that had become

vacant could force a by-election by not nominating

a new MP for the vacancy within a 30 day period.

Contd....

- 13 2 -

TULF planned to use this provision in the

Constitution to force by-elections to seats varanted

by their members.

The TULF MP for the north-eastern C':.pit<-.". of

Trincomalee, Mr, R,- Sampanthan, has already vacated

his seat and TULF has not nominated a successor.

Other seats in the northern and eastern provinces

will similarly. fall vacant in the coning weeks,-,

TULF hoped to win by-elections to these

seats and then continue to keep away for three

more months thus forcing by-election again. The

proposed amendment to the election law which requires

al l candidates standing at o by-election to subscribe

to the anti-separatist oath is aimed at \:>reve it 1 ng

th is .

The independent English, daily 'Island' said

on monday that the TULF General Council would meet

on October 16 to rethink i t s strategy with regard to i

16 parliamentary sf.-ts in the light of the Government!

proposed amendment to the election law.

The TULF leaders,, including the Opposition

leader, Mr. ^ ••• mirthalingam,. and the TULF President..

Mr. M. Sivasitharnparamn, currently in Iladras are

expected to return home on. October 15c

Contd •

- 133 -

! Island' qucten 71; LF sources as saying that

the Front would explore the possibilities of

sponrorinq candidates on the federal party ticket

or supporting independent candidates at the bye -

elections, "A total boycott of parliament and the

elections is also not ruled out by these sources11/.

the paper said.

In another story, 'Island' said that Sri J-arica

sir force office):s had discovered a large cenc'iq"Tmen"t

of explosives hidden in a farm belonging t.~. ':a

prominent TULF politco" in the north—cer''r<- .1 +'..- _i -,f

Ya^'uniya, The paper, however.- did not name the

politico.

It said the air force officers had been led

to the farm by a terrorist debenue who, when he

approached the farm, had taken to his heels and as

a result was shot dead by the air force troops,. The

terrorist has not been indentified by the paper.

Finannial Ey.press.Mew Delhi,6,10.83,

Candidates of the ruling National

Democratic Party unanimously captured a; ,.

the votes cast and al l the elective seats in •rhe

consultative Shura Council .in voting j;.oyj:-l.v..;.

by Opposition parties,, the Government has

announced,, reports UPI.

''The elections we?re completely ca.;:: -.::>-

nothing untoward happened to affect their val_..o i tv

and complete impartial \j: " the Interior Minister,

hr Hassan Abu Basha, said of Tuesdays iia-i^n

wide elections-..

He said NDP tickets took al l 6,229-193 vrv-^

cast, or 51*1% of the total number of rec;is: tv-ed

voters,/ Opposition parties had called for a

boycott of the election.

The elections marker: the first time a SO-L -.u;

"ticket'' system was applied in public eiect:.or..

despite protests by Opposition parties, v/nich

described the plan as a return to on?-p-;rty rule.

The system assign a number of seats to c-ach

party in a .given constituency proportionate to the

number cf voces i t garnered, and required that

a party's tickets garner at lease 8'o of the tcra].

votes nationwide.

statesman,Delhi,7.10.83.

- 13 5 -

SWAZILAND P^RLIAMl NT _DISSOLVED

Swaziland Par l iament was d i s so lved on

Sunday by t h e Prime Min i s t e r , P r i nce Bhekimphr!.

Dlamini.. to allow for elections later this

month..

Speaking at the Lobanba royal residence

here, Prince Bhekimphi announced that October

26 would be a national holiday to enable Swasi

citizens to vote for their candidates for r. nev;

80 nieraber electo,;<:•! college which will elect

40 members of parliament.

The Times of India,I:iew I;elhi,11.10,83,,

- 13 6 ~

* whole generation of Argentine;.;, .L-1:: •,;••:• ).y

sheltered from p o l i t i c s during nearly ;-.i.i;hf

yee.rs cf mil i tary rule,, vote for the f i r s t

time in elections on October 3O/ but with few

signs of euphoriao

^ged between 1G and 28, the 3,. 5 nill.-c:-

f i r s t - t ime voters m^ke up 20 per cent of the

electorate for Argentina's return to c3ernocr--cy

and could t i p the balance in the f i r s t

pres ident ia l poll in 10 years.

But despite t he i r potent ia l power,

they have not picked a candidate so f.ar

appear secp-t icai about improvements a civ

administration co'ild Isring to the i r l ives .

I lie i an Express.,Hew Delhi,12,10,83.

7 " i - - • <<~.yr

- 13 7 -

IRISH

Irish President Patrick Hillery was on

Friday re-elected unopposed for a further

seven-year term to "the largely ceremonial office,

Mr, "lillery, 60, will begin his term

after an inauguration ceremony on December 3.

'--fter reports that Mr. Hillerv, a feme: foreig

minister., was not seeking a second term, trie

three major parties joined in an appeal for him

to stay on. With their funds low after three

elections in two years, none of them wanted

another election.

Indian Express,Ij'ew Delhi,24.10.83.

- 138 -

TURN FOR TiG WORSE

The forfeiture of the TULF MPs seats ir t ••.<--•

Sri Lanka Parliament is a defeat, not a victory 5 r

President Jayewardene, The sixth amendment to

the constitution was a. hasty measure. How could

the President, have expected the Tamil MPs

immediately after the recial tornado to take an

.oath disavowing separation ? The Tamils suffered

and the Government wanted to humiliate them as well*

That in fact was the sinister purpose of the

amendment. It would have been a different sto;:y if

the Government had entered into a dialogue with the

TULF, defused the crisis and then introduced a

constitutional provision to check separatism. With

the TJLF, the main opposition, losing its representatio

in Parliament, there is no prospect of the

Tamils' viewpoint being heard in Parliament. ^

democratic Government cannot be hav.py with such

a situation,

President Jayewardene has done precious

little to assuage the wounded sentiments of the

Tamils. On the contrary, he has made things worse

for them. Nor has he initiated a reconciliation

process. His meeting with the opposition part."* s

served no purpose because most of them boycotted jt.,

Contd. . .

- 139 -

He committed a mistake in not inviting the Tt. L?

to the meeting. His idea of evolving a national

consensus on the Tamil issue came to grief

because he paid little attention to the view of the

opposition parties. He has"alienated them and his

base of support has considerably shrunk.

In virtually spurning India's offer of

help, the Jayewardene Government has missed a

golden opportunity to resolve the crisis,. The •

spadework Parthasarathi had done in Colombo will

go waste if he is not invited there aqaj.n to

continue his diplomatic efforts to bring about a

rapprochement between the Tamils and the Government.

It is doubtful if President Jayewardene's

reported plan to discuss the crisis with Mrs.

Gandhi during the CHCGM in New Delhi will be the

right substitute for the Parthasarathi mission,.

Even if President Jayewardene and Mrs. Gandhi meet in

New Delhi, Parthasarathi could have done some

preparatory work for the meet. The impression

one gathers from Colombo's hesitation to involve

India in resolving the crisis is that it suspects

the latter's motives. This is unfortunate, to

say the least.

India, as Mrs Gandhi has made it clear,

does not support the separatists but is only

Contd...

- 140 -

keen on restoring harmony between the

island's main communities, ^t the same time, i t

will be too much to expect that India will

be totally, in different to the atrocities

committed on the Tamil minority. I-iuch depends

upon Colombo's next move. Instead of suppressing

the Tamils,- i t should at least talk to them.

Which country except India can help i t ini t iate

such a dialogue ?

Hindustan Times/

New Delhi,24.10.83,

- 141 -

Pakistan President Zia-ul-Haq h^s asked the

Election Commission to keep itself in readiness

to conduct the elections once the poll date is

announced by him according to Radio Pakistan

reports Ul-JI,

During a meeting with the Chief Election

Commissioner in -"slarnabad on monday, he said the

Commission should concentrate on the mode of

elections and electoral rolls.

according to the Radio, the ^lection Commission

will meet on 1 November to go into this matter,

President Zia also met senior Government

officials to discuss arrangements for elections, a

government spokesman said.

Meanwhile, in Karachi, lawvers boycotted local

courts as a protest against the arrest of their

Bar Council president, ^bdul Haffez Lakho, and

10 other lawyers last week for attempting to

organise a protest procession in Karachi,

Five supporters of the MRD were arrested

throughout Sind province, according to local

journalists, including the president of the

Karachi branch of the outlawed Tehrik Istiqlal

Party, Barrister Chaudhri --mil.,

Contd...

- - 142 -

Police in t'ind continued searches and

arrested 21 more people and seized unlicenced

weapons in fresh searches of villages in wind,

according to an official statement/ add >_ Reute;:,

The arrests took the official total since

security forces launched crackdown in the

Wawabshah district of Sind six days ago to 120

Opposition sources say the total . is much higher.

The independent daily, the Muslim, said today

some political leaders were detained in raids

carried out in the northern Sind districts of

Dadu and Larkana,

President Zia, meanwhile met with the

Kajlis-e-Shoora (advisory Council) to discuss renewed

anti-regime violence in the Sind.

He has three hours of talks on Monday with the

2 80 members

Patriot,New Delhi,

26.1O.83,

- 143 -

POLL. IKL.l 9 84_ j^SS

Lieutenant General Hussein Muhamm3'i Ershad,

head of the Bangladesh Government, has promised

a return to democracy — but with a delay ot at

least a year.

" •s you may have already known, I have

announced a date for elections local bodies election

starting in December, and by the middle of nest

year we'll have the presidential election, ultimately

the Parliamentary election. So the country is purposii

going back to democracy, he told the US chamber of

commerce here yesterday.,

• Lrshad, 53 seized power from an elected

Government in a bloodless coup in March 19 32* He

ss.id he would insta]., a ''democracy consistent with

the needs of the people" in Bangladesh, probably

in about two years.

Gen. Ershad did not say whether the new

President would have more power than the present

ceremonial function and gave no date for the

election of a Parliament, scheduled earlier for

March 1985.

He plans to meet President Ronald Peaqan today.

National Herald,Hew De]l.hi,26.10,83.

• 144 -

DSMOCR TIC RILC 113 1985, PROMISES ERSH^D

Lieutenant General Hussein Muhammad Srshad,

Pres iden t of Bangladesh 's Council of Ministers, , sa id

here yes terday he. would hold an e l e c t i o n in 1985,

"and the country w i l l go back t o democracy".

Gen. Zrshad i s here on what S t a t e Department

official: describe as "an official working vis i t ,

one of a series from a part of the world which we

consider important". His •irriv'-^ follows vis i ts

last year by Mrs. Gandhi and President Zia and

precedes one, scheduled for the end of this year,

by Nepal's king Birendra.

' " Basically, -.Gen. ^rshad's visit is seen

as helping to promote i-angladesh-U.S. investment

and' trade and his one public appearance here,

yesterday wa's-be fore a joint session of the Chamber

©f Commerce and the ^sia Society.

^fter a prepared speech, which was perfunctory,

the" flor - was opened to qu.estions. It was one ff thes<

which el . : i tcd his anno'incerrant about the 1985^

election Another question was by a U.S. businessman

who, unabashedly used the opportunity to praise

Bangladesh with one breath and with the other,

remind .i-.:s Governmental head th?'- ;u.s firm was

awaiting c^p^ov^l :...;r <•- ;.-,/ contract.

Contd...

* 145 -

Then, when questions lagged either throjgh

audience ignorance or lack of interest,he was

asked about What had happened to the disruption

of Bengal's jute industry caused by partit ion.

"VJe are the leaders in the jute industry in the

world". Gen. Srshad said emphatically, "We dominat

today, We haven't got any relation (any more)

with Calcutta", he added.

Officials explained that TI.S.- interest in

Bangladesh was prirnarilv ''humanitarian and that th

annual $160 to $170 million U.S. aid programme wa

aimed at helping &ang.la<3esh maintain long term

stabili ty and, thereby, area stabil i ty, ^s f^r t

several years i t has taken Gen. ^rshad to move

from eoup to elections, one U.S, official said:

"We appreciate his efforts to return Bangladesh

to a more representative government"..

This State Department official also praised

Gen. Ershad for his ''moderate and responsible appr

on a foreign policy of non-alignment. He

specifically cited Gen. ^rshad's position as bein

agreement with the US . regarding a condemnation of

the the Soviet invasion of -Afghanistan and

condemnation of the Vietnamese occupation of

Kampuchea.

Gen. Zrshad arrived here on Sjnday night and

said he immediately sent President Reagan his

Contd...

- 146 -

"deepest grief" regardinq the massacre., oavj. l.er

that day, of the U.S. Marines in Beirut,

He will be lunching with Mr. Reagan at the

White House today and hosting a dinner for the U.SO

Vice-President, Mr. George Bush, tonight, luring

his Washington stay, he will also be conferring

with senior officials in the I'J.S. } apartments of

State and Agriculture. The Agency for International

Development and the Overseas Private Investment

Corporation: the Foreign affairs Committees of

both the House of Representatives and the £er.c.te:

and the president of the World Bank,- Mr. <- w, v""-')

Clausen.

Following his Washington stay, Gen. Ershad will

v i s i t Houston, Texas to tour the Lyndon B,, Johnson

Space Centre: v is i t a Bangladesh Trade Fair: and

vis i t an oil instal la t ion. He will then confer with

business officials in Los -Angeles and meet the

editorial board of the Los ^nqeles Times. His

final U.S. stop will be Honolulu, where he will

-dress the East-West Centre and vis i t u.S, naval

headquarters to confer with the U.S. Commander-.Ln-Chiei

of the Pacific.

Gen. Srshad leaves Honolulu on November 2 with

brief halts in Tokyo and Hongknog before his return

to Dhaka.

- 147 -

ERSHHD FIRM ON ELECTIONS IN_1,984,

Bangladesh will have parliamentary and

presidential elections next year. The Bangladesh

President, Gen. l rshad, made this announcement

at a Press conference here last night.

When asked if this announcement was also

subject to the condition laid down by him

.earlier that the election would be held only .if the

situation would be right.. Gen, Ershad retorted :

"T'"hen I say elections will be held, they will

be held".

The presidential elections., according to

him, will be held by the middle of next year and

followed by the parliamentary poll. "Parliament

must have more powers so that the president does

not become a despot," he said.

In the course of his visit.. Gen. Ershad met

Mr. Reagan and his cabinet colleagues in

separate meetings. He discussed "bilateral and

regional" issues at these meetings.

On Tuesday, he was lunching with President

Reagan at about the same time as American

marines and paratroopers were invading the tiny

island country of Grenada, He told newsmen

yesterday that he was briefed by the U.S. president

on what was happening in Grenada. Commenting on the

invasion, President F.rshad said: "We hope peace

returns to the Caribbean as soon as possible",

' • Contd. . .

- 148 -

He was asked if Bangladesh as a small

nation approved such military actions, Gen.

Ershad replied that his country had condemned

military interference in Afghanistan and

Cambodia and that i t had always maintained that

a l l nations should be left to solve their

own problems without outside interference,.

The Bangladesh president said his country

was looking forward to foreign investors

("our friends") and hoping that they would eerie

and help Bangladesh in oil exploration. "There is

no reason why there should not be oil,. So far our

exploration has failed tc produce *ny oil but we

have found plenty of natural gas."

Gen. Ershad did not specify what regim^l

issues he had discussed with the American leaders

Times of India,New Delhi,2 8,10,83,

- 14 9 -

BOTHA'S .WHITS - GOD CON^TI^MTjlON

By DrP S0C.Stf

exciting event is going to occur in

South Africa on Nov., 2, 1983 in the form of an

only-Whites referendum. They would be deciding

whether or not the new const i t ut ion of the

country/ the brain-child of Prime Minister Botha,

approved by the South African parliament recently

was acceptable to them- Although Mr Dotha has

given assurances that opinions of Indians and the

Coloureds (people of mixed origin) on the nev;

constitution would also be considered (after

negotiations with minority leaders about c^e

timing and method of sampling have been successfully

completed) he has left no one in doubt that,- in the

ultimate analysis, i t is the Whites whose

opinion would be decisive. Botha has stated that

he is determined to go ahead with the new

constitution even if i t is approved by a majority

of one only.

What are the main provisions of this legend, the

South Africa Constitution Act ? Inter alia, i t

provides for the replacement of the present

bicameral Parliament of the co mtry by a

tri-cameral one, with the first chamber being

exclusively reserved for the Whites, the second

one for the Coloured population, and the third

Contd., . e

- ,= 150 -

one for Indians, There would be no chamber

for the blacks, nor would there be any

reservation of seats for them on the ground

that they have already been provided with their

homelands where alone, according to the architects

of the Piantustan theory, they can aspire to have

political rights. Each racial group will be

responsible for handling its "own" affairs, while

the "general" affairs shall be dealt with by all

the three chambers together, through joint standing

committees of the parliament. If there is any

trouble from the Coloured or Indian chambers, like

boycotts, there are enough provisions in the

constitution to enable the system to continue to

function smoothly and efficiently, regardless

of wh-a the three proposed chambers do or do not do,'

The Constitution ^ct also provides for an

Execultive President elected by an electoral

college consisting of 50 Whites, 25 Coloureds and

13 •"•sians. His powers would exceed those of the

present State President and Prime Minister combined,

which would make him such a powerful ruler that

he would control the country's affairs as no

other person has ever done before. It is the

Executive President who would decide as to which

legislation is peculiar to one race group, and

which one is conmon to all. His decision can

Contd,..

- 151 -

:-ot be challenged before any authority, not

oven in the courts of law. The Executive

President, under the new Constitution/ has been

empowered to appoint the Chairman of the Ministers'

Council of each chamber* They may be like

separate Prime Ministers, which will give the

EXecuive President more power in the chambers

too. The President's Council would have the

right to make final recommendations on matters

which have been referred to it but over which

, there is dis-agreement. The ^ct also allows the

Executive President to appoint half the members

of the President's Council. Since these members would

be hand-picked by the President, they would

surely strengthen his hands in the President's

Council which, in some respects, has more power

than . the chambers. The President will be

chairman.of the Cabinet but he will not be a

member of any chamber of the parliament.

Many would raise their eye-brows and ask:

what, is the raison d'etre for creating an entirely

new political set-up for the country. Is the

•present constitution not serving the purpose?

*re there, some new challenges before the nations

that must be met squarely ? Or,, are there some

new compulsions before the racist-s that can not

Contd...

- 152 -

be resisted without overhauling the existing

political set-up ? Or, is there any genuine change

in the attitudes of the Whites towards the non-

Whites ? The official justification for the, new

constitution for South Africa, as given out by the

racists, is that there is now need for power-

sharing in South Africa, at least with Indians and

Coloured people. This statement is not wholly true

because the. fact is that there is immediate

need in South Africa to have political

accommodation not only with Indians and Coloureds

but also with blacks who constitute more than

70 per cent of the total population. How can any

political dispensation in South Africa work

successfully if such a vast segment of population

is denied i ts due share in the government of i ts

own country ? The argument of the racists that

the blacks have already been given political

rights in their homelands specially carved out

for them within South Africa does not carry

conviction because the homeland scheme of the

South African Government, due to i ts fraudulant

character, has already been rejected in no

uncertain terms by blacks, Indians and coloureds

people, the chv, the united Nations, and the

Non-Aligned Movement. Secondly, even this limited

power-sharing with only two population groups

- 153 -

which is said to be the aim of the new

constitution exists only i-> the rhertcries of the

National Party leaders and not in reality. The

Constitution Act, apart from creating separate

Chambers for Indians and Coloureds, does not

confer upon them genuine powers or an effective

say in the governance of the country. Seats in

the three chambers and multi-racial cabinet

have been so cleverly arranged that the

Whites would continue to monopolise political

power as hitherto; hence their supremacy

despite their being in minority would not

lessen a bit under the new dispensation. In

other words, it means that, under the now

Constitution, the plight of all non-White groups

in South Africa would continue to be as miserable

as before. It will not bring any significant

changes in the life of those who have at present

no rights at all, who are languishing in the

proverty and utter destitution of the homelands

and who are forbidden by law to live together as

families in what is called "White South Africa".

Racism is clearly written into the new constitution

also. All the basic laws which are the verv

pillars of the apartheid system - ban on mixed

marriages, group areas, racial classification,

pass laws, separate but unequal education, separate

publicutilities for people of different groups etc.

remain unchanged.)

- 154 -

Mass rejection

Throughout South Africa there hag been a

massive wave o.f rejection of these proposal a in

view of their frauduiant character. This

rejection has come from all sections of the

population - Africans, Coloureds, Indians and

democratic Whites, representing various

pol i t ica l professio'naly industrial, religious,

y©uth and students organisation. The Natal

Indian Congress has rightly stated that the

primary objective •£ >Sout3> fri-ca • s propped

new political set-up is "to continue white

supremacy buttressed by Indian and Coloured

.'•V1

suppert" and that the acceptance ©f Botha's

<Alejiate Indians and C%l ured^ fpom

anice and ce»sufferers.

The Transvaal ^-nti-South African Indian

Council and Natal Indian Congress, in their

jeint statement, have categorically rejected the

proposed tricameral parliamentary system, saying

that th-? majority of Indians in South Africa

have not taken sides with the racist regime against

the interests of the African people, and do

not intend to do so now. Together they have

suffered, striven and made sacrifices to create

in South Africa a homogeneous society based on

•the enlightened principles of the Freedom Charter.

- 155 -

Dr Yusuf Dadoo/ leader of the Indian

Community who died recently echoed the sentiments

of the-majority .of Indian .settlers when he said

"Neither we nor any .sections of the South

African people can be free as long as the African

people.are denied fundamental human rights".

:..Recently, the racists new dispensation was

rejected' outright by more than, 6.5 Indian, African

and Coloured community organisations at a meeting

in• JDurban. .. 3yen the official opposition party/

i> the Progressive Federal .party has rejected them

on the ground that, they constitute, further entrenehmen

of apartheid in the country.. TVu? leader of the

Conservative Party (C.P), Dr -^ndr-ies' Treurnicht

:t-&i& -that his party would ^record a "no vote".

The* und niable fact is that, the const i t uionai

p^9posax_s have not,been formulated as a result

. .of any change in the, thinking o,f ,.the South

; African Whites; the majority of t hem are s t i l l not

prepared to permit any .erosion of apartheid

obviously because i t brings to them many

privileges and immense economic benefits at the cost

of the non-Whites. The fact is that the proposals

have been drafted with two objectives in mind.

Firstly, by giving representation to Indians

and Coloureds in the parliament, the South

Contd...

- 156 -

African Government hopes, to drive a wedge between

the blacks on the one hand., and Indians and

Coloureds on the other. B7 dividing them South

African hopes that the united struggle of the

entire non-White community for the abolition of

apartheid would decline to an insignificant level.

Secondly, the South African Government/ after

pushing through the proposed 'reforms' would

like to impress upon the international corarpunity

that i t has arrived at political accommodation

with al l the non-Whit-0 groups in the country -

with blacks by creating homelands for them, and with

Indians and Coloureds by bringing them into the

parliament and the cabinet. The racists would want

everybody to believe that with such an

accommodation with all the racial groups, the

racial problem in South Africa is virtually settled,

and so there' is no need whatsoever for economic

sanctions against i t .

Some time ago the racist government of South

"•frica had declared that it hadabolished what i t

called "petty apartheid". Its sole objective in

doing -so '. was to refurbish i ts tarnished

international image and to ward off sanctions as

long as possible. However, the cosmetic changes

i t made in the apartheid structure failed to hoodwink

either the Non-white oppressed community within

Contd...

- 157 -

South Africa or the international community

engaged in the crusade against apartheid.

Likewise, i t hoax of • "Bant ustan scheme"

succeeded neit en in improving i ts international

image nor in ''-•ringing about any let-up in the

struggle- against apartheid. . In fact, the

E'antustan scheme, onder which four of the

homelands have been granted fake 'Independence'

was seen by i ts opponents as the climax of

apartheid1 or 'domestic colonialism'.

Hindustan Times,New Delhi,28.10.83..

- 153 -

ARGENTi.ISH.G05S TO POLL . .

• Nearly 18 m i l l i o n Argent ines flocked t o

the polls today to select national, provincial

and municipal officials in the first elections

in 10 years, designed to replace a military

regime installed by a 1976 coup.

Long lines formed in front of schools

and other public buildings as voters hurried

to cast ballots before the closing time. AH

citizens between the ages of 18 and lo years are

obliged by law to vote; people older than 7O

old can vote but are not obliged to do so.

To facilitate voting, the military

Government yesterday lifted the State of stege

imposed on November 6, 1974. .The measure was

imposed by then-President Isabel Peron to

combat leftist guerillas.

Hindustan Times,New Delhi,31.10.83.

- 159 -

BANG LA PARTIES REJECT ERSHAD OFFER ON POLL

... Political parties here have rejected

outright C iief Martial Law administrator Lt.

General H.M.Srshad's announcement in Washington

on 26 October that the Government will go in for

presidential.polls sometime in the middle of

next year.

Sharply reacting to the announcement, the

seven party alliance led by Bangladesh Nationalist

Party (BMP) has announced that if elections to

Parliament was not held prior to the polls to l^al

bodies and the presidency, the political situation

in'Bangladesh will take a sharp turn for the

worse.

•"; Promptly rejecting the announcement, the

'right '. wing Jamaat-e-Islami called upon all

political parties to boycott the proposed

presidential polls next year.

A 15 party alliance on the other hand is

going ahead with i ts programme to observe

countrywide'hartal on 1 November for realisation

of i ts five-point demands which include among other

things withdrawal of martial law, right to free

and unfettered political activities and

parliamentary polls prior to all other elections

by March next year.

Contd...

- 160 -

Meanwhile, the Government has issued a

number of martial law regulations prohibiting

criticism against martial law, printing

publication, preservation and distribution of

materials considered to be prejudicial, spreading

on news designed to creat._.• fear and cause

frustration in the minds of the people and setting

fire to property of the Government, autonomous

bodies and private companies.

The penal measures provided for under

these regulations range from seven years rigorous .

imprisonment to life term or even death sentence.

The pro-Government Natun-Bangla Chatra Samai

has threatened to ta'4-_e re ta l ia tory action

against the political forces preparing the strike

and violence on 1 November,-.

Patriot,New Delhi,31.10.1983,

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tftr "FIFTY % w~ ^rrr srftrcrfri8 *

T ^TT I

3fTT TT

srtr FT

31 -f

JrflT J^

Wrff "ftrT'.T M

?r

% few i^r 13

8. 10. I9e3

Page No.

Chapter - I

Books and articles 4 - 17

Chapter - II

Notes on judicial decisionsin election matters. 18 - 57

Chapter - III

Cases of disqualifications. 58 - 65

Chapter - IV

Disposal of election

petition-;,, 66 - 76

Chapter - V

Vacancy Statements. 77 - 89

Chanter.,- VI

F-iectior. t.c '.fMIX lv:o se-^ts inthe Kajy?> Ch^h^>. vjy the electoralcollege of the Union Territory of

• Delhi" in November, 1983. 90 - 114

Chapter - VII

Biennial election to theCouncil of States. 115 - 118

Chapter - VIII

Bye-elections• ' 119 - 129

Chapter - IX

Press report:.", on olecionsand political systems offoreign countries andother matters of interest. 13O - 184

185 -

TITT -^nPijct> •'rnujq'f- % f ^qg if

194 - 2 | A

2 15 - 2 17

x x x '; x

X

The Documentation is intended to acquaint

the officers and staff of the Commission and the

Chief Electoral Officers ancl their staff with

articles on current political issues published

in Periodicals/newspapers, received in the

Commission's Library, development in the field

of Electoral Law and procedure, progress of the

disposal of election petitions, judicial decisions

thereon, Commission's decisions on questions as

to disqualification of members to either House

of Parliament or of the State Legislatures and

Bye-elections to both Houses of Parliament and

State Legislatures.

- 4 -

CHAPTER - I

BOOKS AND ARTICLES

A number of articles appeared in various

periodicals/newspapers received in the Comrniss"' "

library en current political issues and ct.:,...,:

matters cf interest during the month uncle/ r..•/;'.

A list of such articles as are considered to b .

of special interest is appended.

LIST OF ARTICLES

AUTHOR TITLE

A.FOREIGN ELECTIONS AND POLITICS;

(a) Magazines.

Crick, Bernard

Kelly, James &others

Rogers, William

(b)Newspapers,

Editorial

Ed i t or ial

Editorial

The Future Of ThtLabour Party.

Argent ina;VotingNoi to the Ehst.

Politieel Quarterly sOct-Dec, 1983 - ppo 3 46-3 53.

Ti me s Move mbc r 14,, 19 6-pp. 43-44 o

Regarding the f i r s telections in a decadein Argentina.

The SDP And Liberal Political Quarterly:Party in Alliance. Oct.-Dec. 1983,-

Ragarding the SDPand Liberal Partyalliance in U.K.

Turkey: GeneralRebuff.

Regarding the recentelections in Turkey,

pp.3 54-362.

2 1 ,1983, p. 32,

Argentina: TroubleAhead.

The Hindustan Times*New Delhi, November 21983,p.9,

Regarding the Generalelections in Argentinaheld on October 30,

Zambian poll . Indian Express:NewDelhi,November 3,1983, p.6.

A vote for freedom. Indian Express:NewDelhi, November 4,198

Regarding the p.6.elections in Argentinaheld on October 30*

Ccntd.

AUTHOR

Dyer,Gwynne

Panikkar, K.M.

Ch£udhri,A. T.

Imam, zinat

Editorial

Varma, AdarshKumar

Editorial

- 6 -

TITLE

Elections In Turkey.

REFERENCE

Tha Hindustan Times:New Delhi /November 4,1983,po9,

The Meaning Of Grenada. The Ilin:":-..:'. a Tine s sNew D-'-j. .-•..- -'.. vember 1,1983,p.9."

Poll and p a r t i e s inPakis tan .

The Pakistan Scene:Outcry Per E l ec t i ons .

Turkey's guided democracy, Indian Express:Delhi; !»•"•/ uiber 14,

Regarding the f i r s t 1983,pr,5,general e lect ions inTar key held recent ly .

Indian ixpr-sn:NewD e l h i - K ^ V L •• ' \ ; r 1 0 /1983, p. i ,

The Hindustan Times tNew IXjlhj .- i-T'jvember 11983, p .9 , '

Malhotra,Inder

IX^er, G

Editorial

Editorial

\<thy did Sri Lankaerupt?

Turkish Evolution.

Regarding the firstgeneral elections inTurkey held recently.

General zia,MRD z-India: ^ t ' s ^Junta Up To?

National H..r-ld sNcwDelhi, KcVi- uib...r 15,19 8 3, p . 7R

The Hin '.\\::, '::.n Times:New Dr-j "ni, H-" vember 161983, p .9 .

The Times of IndiasNew Delhi, November 171983,p.8.

Elections in Venozuala Tlie Hindustan Times:New Delhi, November 221983,p.9.

*Dhakals Dilemma

*Bad Mows From Dhaka.

The Hindustan Times:New Delhi,November 3C1983,p.9.

The Times of India jNew Delhi, November 3C

•Regarding the p o l i t i c a l 1983,p.C,disturbances in BanglaD)esh.

C o n t d . . . .

- 7 -

i.UTHOR TITLE REFERENCE

Editorial The Tanaka elect ion. Indian :2xprass ;NcwDelhi., Wov..,rv> r 30,

Regarding the snap poll 1983,1)06 wscheduled to be heldon Docamber 18 in Japan.

Editorial *Two Steps Backward.Novemlp . 5 o

.• - V. O 5 3 ' - •

x:r 30••Delhi,

:^83,

Editorial Trouble In Dhaka. Patriot-::. >; UilhiNovember 3o 1983^

•Regarding the po l i t i ca l pK2.disturbances in BanglaDesh on the holding ofelections both pa r l i a -mentary and .pres ident ia l , '

M ELECTIONS AND POLITICS:

(a) Magazines.

Akbar^M.J. Farocq's Hc-ur. . Sunday s Or:objr 16-22

Regarding the oppositionconclave in Srinagar.

Alka Rani Uttar Pradeshrsripati 's Onloo V..:: - Ojt.ober 8-2Blac ksheep. 1983, w* 2 ^ - - 1«

Regarding the dissidentactivity in UttarPradesh against theChief Minister.

Awasthi,Surinder United Front:How Long Caravan % November(2ndViil 1 Chandra She kher 1983, pp . 29 -3 2.Remain Leader?

Banerjoe, Partha Assam;Saikia Crushes Onlooker :.,0ctober 8-;.. s» 7w£U. • 1983, pp. 22-23.

Banerjee, Partha Siki< im:Governor, CM Onlooker :October 8-:S. • At War. 1983,pp.42-43.

C e n t o . . . .

- 8 -

AUTHOR TITLE REFERENCE

Banerjee,Sumanta Decs The Loft Have*» Future In IndL a?

IWliNovember 22-26,1983,pp.6-ll#

Chawla/Prabhu

Qasim In A Quandary. Caravan :Nov..itnber( 1st) ,1983/pp. 13-15.

The author examineswhether Mir Qasim willemerge as a progressivenational leader ofminorities by joining theUnited Front.

Karnatakas Bidding For India Tod ay t NovemberPower, 1-15, 1983, pp.96-99.

Regarding the polit icalscene in Ksrnataka.

Gupta, Kanwar Lai Our Hopeless Parlia*- Onlooker:Novemberaientarians. 8-22, 1983, pp. 19-20.

The article besidos dis- ;

cussing the constitutions t ,of various Lok Sabhacastigates parliamentariansf- r not enacting laws toimplement DirectivePrinciples.

Gupta,Om

Gupta,ShekherandGobind.

Moscow's Hand In India Caravan:October(2nd),1983, pp. 19-22.

Ruling politiciansblame the 'foreign hand1

for ev^ry one en thecountry's i l l s . Theauthor investigates the , . . • - •role of the Soviet handin India's polit icaland economic l i f e .

Rinjab :Def yingSolution.

Regarding the Akaliagitation and violencein Punjab.

India TodayiNovember1^15, 1983, pp. 18-2O, 22.

Contd,

AUTHOR: I ;••--

- 9 -

TITLE REFERSNCI

Hazarika,Rafique Z.

K?.math,M.V.

noised ;f6r.another round ofagitation.

Ceravan:October(2nd)1983, ppo 29-3:,.s

Re c ipe * Fc r Opp os i t i o n Su r y a I no 1 -\ •. 1\ • ve mbe r.Victory. , . : 1-15^ 19?: :.. • ,,.2 v.

Kapo&r7

Kcthari/ Raj ni

India - - --r, ; i omber1-15, 19oo^t;., . :3-24.down Begins.

Regarding the proceed-ings of the 7J:CC(I)

"scission in Be mbe y.

"Rethniking Centre- Eco.& Pol,, WoSta te Relations - i* Octote r 22.-1983,Struggle for Power. pp. 183 1-1B:: : o

I<5unju , INi.

Kayar, ;4

Singh, Pritain

Singh, Tavleen

Cemrnunist squabblescontinue.

Caravan % C - !::oLer (2nd) ,1 9 8 3 f p p . 27 -•:,£•,

The authcr opines t h a tcaught between nationalcompulsions <\nd Russianpressure, ccirtfluni-sts inIndia are once againsquirming in the agony ofindecis ion,

Punjab?Under The Shadow Probe Ini ia iNov. ,Of The ^un. 19-83.. ppo 3 1-36 .

the situationin Punjab.

Punjab:Lessens ofPanchayat Elections,

Puii j a b : President1 sRule:For peace orwar?

Eco.& Pol. weekly:October 22.. 1983,pp. 18 22-18 23.

Sunday:October 23-29,1983,pp.30-32.

Ccntd o . . .

AUTHOR

(P) Newspape r s ,

Editorial

- 10 -

TITLE

Kc Alternative ToTalks.

Regarding the Akal iagitation.

REFERENCE

Indian is:NewDelhi.- iSov..i';V;V1983,13,6.

Gandhi, Raj mohan

Editorial

Repentance BeforeRenewal.

Regarding the AICGsession in Bombay*

The Kin'u.:^u TimessNew P^lhi,. L.ovember 11983, p.. 9.

Talking To The Akal is* The Hindu c + . r Times:New Delhi -I-".': ;:mber l

Regarding the Akali 1983/p*9,agitation.

Editorial Akal i Intransi . ' ;.inee • Patrice- :. -.^IhNoverr.bc: r 1. . ;\3,p .2 .

Editorial

Editorial

Ideas on Rinjab. National "'.• v::-Ld:NewDelhi, Novo,v.j.xjr 1/

Regarding the si tuation 19837 p ,7 .in Punjab,

Mumbling's In Bihar.

Regarding' the Biha.rpolitical scene*

The st at,, s man i De 1 h i ,November 2, 1983, p.6,

Rama1 Sarma/K.V.S.

Dua, H. K.

Tripathi,S.K.

Me no ii/ r:i*C.

India-China relat ions- National Herald:Significance of ta lks . New Delhi, Nov. 2,

1983,p.7,

Towards elections?

Growing communalvirus in.UP.

Indian Expro.•:..•;;NewD e l h i , Nf v-^iiiber 2,1983,p.e,

Indian LxprcsssDelhi, Nov-mbea- 2,1983,p.6.

Punjab:A Chance For The Hindustan Times;Sanity.

Regarding the si tuat ionin Punjab.

New Delhi,. November2 ,1983 ,p .9 .

AUTHOR

Kidwai, Anser

Guraya,AjitSingh

Editorial

Je>in/Girilal

Sfiitorial

Anand,V.Eshwar

Anand,V.Eshwar

- 11 -

TITLE

The adamant Akalis.

Regarding the A kaliagi'-aticn.

REFERS l-fCB.

National Ho r a i d : NewDelhi , ^ovornber 3,1983,p.7.

Anatomy of a tragedy. Indian E^Delhi, wcv.

Regarding the violence 1983, p»6ain Punjab.

3,

Staying Apart.

Regarding the possibilityof an electoral under-standing between thatwo opposition frontswith a view to 6ofeat thoruling party in the nextLck Sabha elections.

*Cong-I:Retrieving ABast.

moor

t t N - ••;>; ,November <±^ 1933v.p.2,

*A Session Without Tho Tim. ••; of India jPiar[X)se - And A Nrong New Delhi. _? ;7orriber11.) s sa ge In Add i t ion. 4,19 83,. p,. 8 .

•Regarding tha proceedingsof the- AICC session atBombay.

Out To Fish

Regarding the Biharpo l i t i ca l scene.

Tho' Hir/clur. b:vi Times:New IX. 1'rii i. vv.mber <1983,1: - . i . '

Vot ing For Dc mocr acy -1 The S L". a t o s man j Do 1 h i ,Restoring Faith In Novercibar 4,1983,p.6.Elections.

Voting For Detnocracy-II The Statesman;Delh:Banch-Mark Ne..ded To Ncvercber 5, 1933,Check Drif t . p .6 .

Tha author s t resses theneed for e lectoral reformsand argues that unless thevoting process fullyre f lec t s public opinion,people will lose fai th inelect ions and democraticinstitutions.

AUTHOR

- 12 -

TITLE .-,.. REFERENCE

Chuni, B.K.

Editorial

Editorial

jaisingh, Hari

Menorir N.C.

Jain Giri Lai

Kidwai, Anser

Singh,ShauXin

Punj ab: power keyExplodes.

Indian Express(Magazine)/ November

The author'analyses 6' 1 9 8 3' ^' 1 & 6'the present situationin Punjab. •

Out In The. Open

Reg. the Kashmirpolitical scene,

The Statesman :Delhi,November 8,1983,p. .6.

Farooq Abdullah's Ways. National Herald:"' ;. , . . . = , -•••, New Delhi, NovemberReg. po l i t i ca l violence , Q f n ' 7

in J & K and alleged y ' x y o j ' P* ' •harassment of Gong(l) .workers and leaders bythe ruling NationalConference.

Beyond Bhttj Conclave. Indian Express •r> i~ n . ,,J , _ Nev; Delhi, NovemberReg. the Bhuj conciaveQ , n Q _ ' ,of the Rashtriya y ' i 9 b J ' P*b«Congress a break-"away Cong (i) factionled by Ratubhai ^^daniin Gujarat.Marxists Make •-•»• Move The Hindustan Times?n *.\* cc i. c N e w Delhi, NovemberReg. the efforts of . 'the opposition part ies ' -L:7OJ ' ^'^to, unite against theruling party..,,."...

The Times of India:New Delhi, November,8, 1983, p .8 .

math OfSession: Move ToTopple Pat i lGovernment.

Facets of Neo-Fascism. National Herald :The author examines ^w Delhi, Novemberthe implications 10,1983,p.7.of the queer twists andturns that are discerniblein the shaping of theopposition policies.

Punjab: E,nphasis OnDirect Talks.

Patriot : New Delhi,November 10,1983,p . 2 ,

Contd...

13 -

AUTHOR

Editorial

Editorial

Malhotra,Inder

Edotirial

Editorial

Kul

Quark

Gandhi,Rajmohan

REFERENCE

The Hindustan Times;New 'Delhi,

Of Desperation. The Statesman:Delhi,Nov ember

• TITLE

Act Of Despair.

Reg. the situationin

Reg. the situationin

New DelhiSrinagar. What NotTo Do In Kashmir

Reg. the politicalsituation in Kashmir.

10,1983, p.6.

The Times of India*New Delhi/November10,1983, p.8.

Move against Vasantrao. Indian Express:' ,, , New Delhi,NovemberReg. the move todestabilise theMaharashtra ChiefMi ni st or.

12,1983, p. 6..

Explosion In'

Reg. the pol i t ica lsituation in

The Times of India:New Delhi,Nov.v

12,1983, p .8 .

Conflict ^nd Consensus - The Statesman:Opposition's Delhi, NovemberDemocratic Duty. 12,1983,p.6*

The small men"and the The Times of India:great s ta te . New Delhi, November,

Reg. the. dissident

»&&feI lc ( I>13,19837p.I

i n

Look Back In Despair: The Statesman:Lessons From 1977 Delhi,Novemberfrom Opposition. 1 t, 1983,p. 6.

The author's suggestionis that eight influentialopposition leaders shouldtry to draw up a commonprogramme: if they "cannotfind agreement, we willknow that a United.Opposition is entirelyfanciful and that thespiri t of 1977 has fledfor good".

Contd....

AUTHOR

Ec.-torial

Editorial

- 14 -

TITL^

Patil Under stress

Reg. the move tothe Maharashtra ChiefMinister.

•Demeaning Tactics.

REFERENCE

The Hindustan TimesNew Delhi, Nov.,14,1983, p.9.

The Hindustan TimesNew Delhi, Nov.,15,1983,p.9.

Editorial

Editorial

Editorial

Editorial

* Buying Up Legislatures.

* Reg. the allegedmonetary allurementoffered by INC to aJanata Party "MIA ofKarnataka Legislativeassembly to defeet fromJanata Party.

Good News, Bad News.

•Reg", -the Sangli Lok . -Sabha bye-election.

*Set Back For NTR

Winds of Change.

*Reg. the results of therecent bye-electionsin <->-ndhra Pradesh*

Krishnamurthy,C.:V. Janata caught in its

,. • . own trap.

Reg. political scene in

The Times of India :New Delhi, Nov.,15,1983, p.8.

The Hindustan tTimesNew Delhi,Nov.,16,1933, p.9.

The Times of India:New D e lhi ;. Nov . , 16,1983,p.8.

Nati onai Heral d:New Delhi, Nov.,16,1983,p.7.

National Herald:New Delhi,Nov.,16,1983,p.7.

Sahay, S

Editorial

i

Editorial

- Close Look :Straws Inthe Wind.

Reg. the prospects ofholding an earlypartiamentary election.

Bye-election Results:

Electoral Signals.

The Statesman:Delhi,November

17,1983, p.6.

Patriot:New Delhi,Nov., 17,1983, p. 2.

Reg. the results of therecent bye-election inthree States-Maharashtra,Tripura and «ndhra Pradesh.

Indian Express :New Delhi,Nov.,17,l983,p.6.

- 15 -

AUTHOR

Editorial

Editorial

TITLE R?F CRBNCS

Editorial -

Editorial

Raj appa/ S,

Editorial

*-* Victory For Mr.. Pat i l . The Times of India:New Delhi, Nov.

• " 17,1983,p.8.

*Set Back For Mr. Patil .

* Reg. the results ofbye-elections inMaharashtra.

Poll Reform.

Reg. the Chief ElecCommissioner's ruling that"1"0'polling for the two Rajya.Sabha seats from Delhishould be held separatelyand the suggestions regardingelectoral r eforms.

The Statesman:Delhi, Nov., 18,1983,p.6.

The Hindustan Times:New Delhi,Nov.-

Indian Express '-New Delhi, Nov.,19, 1983.P.6,

Rajya Sabha poll.

Reg. the ElectionCommission's rejectionof the BJP's objectionto the holding of aseparate poll for twoRajya Sabha vacanciesfrom Delhi.

Do i t now. Indian Express :

New D e lhi, Nov . ,Reg. the all party meoting21,1983, p. 6.called by the* ChiefElection Commissioneron December 3 fordiscussing pollreforms.

The Statesman:Delhi, Nov.., 21,1983,p.6.

National J<3ra]d,New Delhi, N- v . ,

21,1983/p,$-

Newsletter:Electoral Warning For'Conclave Diplomacy1.

Poll Re-form.

Reg. the law Minister'scaution in parliamentagainst rushing intoamending electoral laws.

Contd...

ixUTHOR

- 16

TITLE ,REFERENCE

Editorial *New Turn In The Statesman;Delhi/ November,22,1983,p.6.

Editorial

Editorial

Naqvi, Saeed

/•">, S ,

*Out of frustation.

*Reg. the attempt toassassinate theChief Minister.

• • \

r Skirmishes.

Reg. the Bihar politicalscene.

-assembly bye—electionsa jolt to NTR, •

Hegde : Back-to-the Wall,

Reg, the Karnataka •political scene.

Dealing With Defections:Importance of PoliticalNorms.

The Hindustan TimesNew Delhi,Nov.,22,1983,p.9.

Patriot:New Delhi,Nov., 23,1983/P.2.

Indian Express •New Delhi, Nov.:,24,1983,p.6,

Indian Express;New Delhi,Nov.,24,l983,p.6.

The Times of IndiaNew Delhi, Nov.25, 1983>p*8,

.Corruption,crime £* Indian Express :confrontation". ' " New Delhi, Nov..The article is reg. the 25,1983,p.6.

corruption, crime andconfrontation prevailingboth in the ruling as wellas the opposition parties.

Mrs. 'Gandhi and the PM's Indian Express:office, . New Delhi, Nov.,

26,1983,p.6.

Kutty^Govindan Kerala coalition on atight rope.Reg. the keraia political

scene.

Indian Express :New Delhi,Nov.,26,1983,p.6.

Contd...

- 17 -

iUTHOR

Editorial

C. Plea For More States:Reasons to contain themove.

REFERENCE

The Statesman:Delhi , Nov., 26,1983, p . 6 .

The author 'argues that anymove for -a further reorganisationof States should be deferredt i l l a solution has beenfound for .some.of the : jpresent problems which seemto be threatening nationalunity, •• ••

Heg.de''^nd BJP,

.Reg, the r o l e played bythe JBJP in saving theHegde min is t ry fromtoppling...

The Hindustan Times:New Delhi,Novt/26,1983, p,9 t

Si ngh, Sha Signs of foreign handin Punjab violence.

Patriot; New Delhi,Nov., 26,-1983/p,2*

Editorial

^ State for Each Indian Express:Potentale. . (Magazine)Novt/

The author says-11 Smaller 2 7> l 9 8 3 'P«2*states with smaller cabinetswith ministers living in

mailer homes and ^ ••• ,.••commanding smaller budgetscan worX wonders instream hiring administrationand making local self governmentmeaningful" .

Bailie,Of Sonepat.

^ comment on Mr, Devi.Lai's decision to standas the Janata candidatein the parliamentarybye-election from theSonepat constituency, in

The Statesman:Delhi, November28,1983, p.6,

- 18 -

CHAPTER - II

Motes on .the judicial dec:'.nr'.ons. :*.n theelection matters,,

Daring the month under review,.- eight judgments

on election petitions - one each from the High Courts

of Patna, Calcutta and Bombay, three from the High

Court of Madras and two from the High Court of Eunjab

and Haryana at Chandigarh - were received in the office

of the Commission. Six decisions of the Supreme Court

on the appeals filed against tha. orders/judgements of

the High Courts, were also received. All these election

petitions and appeals have bean dismissed by the

Court?,

The gists of all these 14 judgments/orders are

given in the following pages at annexure -I.

One more judgment of the Supreme Court dated

27.9.1983 in the Civil Appeal No.173'7 of 1981 against the

order & judgment of the High Court of Madras in election

petition no.3 of 1980 was received in the office of the

Commission. In the judgment,the Supreme Court directed

the Chief Electoral Officer, Tamil Nadu to withdraw the

'pamphlet showing the illustrative cases of valid and

invalid postal and ordinary ballot papers* issued by him

in Tamil as it was not strictly in accordance with the

illustrative pamphlet issued by the Commission. Since

the said judgment is of interest,it is reproduced in

full as annexure-II,

- 19 - "~

IN THE HIGH COURT OF JUDICATURE AT PATNA

(ELECTION PETITION NO. 1. OF 1986 (R) )

Daya Krishna Ghaiya .....Petitioner

Versus

A. K. Roy . 6,.,Rt; sponda nt

The election -petition was filed by Shri Daya

Krishna Ghaiya, a candidate whose nomination paper was

rejecter1 by the returning officer, calling in question

the election of the returned candidate Shri A3K,,Roy.

to the House of the Feople from 47- Dhanbad parliamentary

constituency (Bihsr State) in the general election

held in January, 1980.

The main ground on which the election of the

returned candidate was challenged was that the nomination

papers ©f the petitioner and one Shri A.P.Sharma were

wrongly rejected by the returning officer and as such

the election of Shri Fey from the constituency was void*

When the case came'up for hearing in the Court,

the counsel for the.petitioner stated that he had no

instruction from the petitioner and that no witness

turned up to depose on behalf of the petitioner. He

therefore prayed for the adjournment which was rejected

by the Court. The High Court, however, heard the

respondent and in the absence of any cogent evidence

on behalf of the petitioner, agreed with the submission

of the respondent that the election petition was

Cont do..

- 20

not maintainable under section9S rt;:c v/ith section

100 of the Representation of the People Act, 19 51.

I t , therefore, dismissed the election petition

without cost vide its order oatec 5 :;aigust, 1983.

, - 21 -

IN THE HIGH COURT. OF PUNJAB AM>" HrtRYi:»ri"»

(ELECTION PETITION NO.9 OF 1982)

* * * • «

.»bdul Rashid Khan ..... Petitioner

Versus

Roshan Lai and 12 others .....Respondents

The election petition was filed by Shri ikbdul

Rashid Khan, a defeated candidate, challenging the

election of Shri Roshan Lai to the Haryana Legislative

assembly from Chhachhrauli constituency in the

general election held in May, 3.982.

There were two main grounds on which tho

petitioner challenged the election of the returned

candidate:-

(1) that Shri Marosh Kumar, another contesting

candidate, on the date of acceptance of the

nomination papers w s below the prescribed

age Qualifying a person to contest the

election. His nomination was, therefore,

improperly accepted;

(2) that tiT_ returned candidate committed

corrupt practice by fielding another

candidate of Back--jard community against

him (petitioner) on his own. expenditure.

As regards the first allegation, the'petitioner

alleged that Shri Narcsh Kumar on the date of acceptanc

of nomination papers was only 24 years and 3 months

i.e. below the minimum prescribed qualifying age.

— 22 -

The petitioner produced two witnesses in this behalf.

Shri Rajoshwar Kumar, a teacher in Govt. High School

w'nors Shri Narcsh Kurr.ar had studied, produced an

extract from the admission register in which the date of 1

birth of Shri Naresh Kumar was recorded as 5.2.19 58.

Similarly Shri Ravindor Kumar, Superintendent in the

Examination Branch of Haryana Education Board, produced

the form which Shri Naresh Kuna r had filled as a

candidate for appearance in the Matriculation examination,

In the said form the date of birth of Shri Naresh Kurei r

was entered in his own tend-as 15.2,19 58. In the Court

Shri Naresh ilinsr himself admitted his date of birth

to be 15.2.1958. On the basis of the admission of

Shri M3resh Kumar end 'the documentary evidence produced r

these two witnesses, it was established that the ago

of Shri Naresh- Kumar on the date of acceptance of the

nomination papers on 26.4.1982 was below the minimum age

prescribed for a candidate to contest the assembly

election. The Court, therefore, held that the nominatic

p-per of shri Naresh Kumar was improperly accepted.

The Court, however, ruled that the petitioner hac

to prove that improper acceptance of the nomination

paper had materially affected the balance in favour

of the returned candidate* The petitioner produced

61 witnesses "to prove that duo to Shri Naresh Kumar

contesting the election,- the members of backward clas£

Contd.

23 -

did not vote for him, The Court, hovev r, did

not agree with the nle=c3inq and held:-

"This is an evidence of convenience, which

could be oasil^ procured by tho petitioner.

If i t be accepted, oven then the evidence

does not wipe off tho deficit of 870 votes,

which the returned candidate had polled more

than the election petitioner. i t cannot bo

surmised how the other voters, who actually

voted for I'arosh Kumar, would have exercised

their choice of vote if he hed not been in t

field. In view of the observations inVishisht l-iarainSharrna's case, which vr,s

follovjed in the other above referred cases,,

the argument that Parish Kurar, respondent

no,2, who was disqualified from contesting

elections, hrd secured more votes than the

deficit, is of no value. The. lines, on wh

people vote, are not definite. 'The Court c

enter into the field of speculation to

conjecture about the possibility of the tre

voting in case a particular situation hr.d r

arisen".

In view of these observation, the High Court dismi;

the prayer of the petitioner for declaring the

result of the returned candidate void.

In the second allegation, i t vas alleged

that the returned candidate, to wean away the vote

of backward classes had fielded. Shri fere-sh Kumar,wera

a candidate of the backward class. Rs.10,000/allec

Ccntd....

24 -

offered, to Shri N,resh Kurrs r to contest the election

and Rs. 4/000 more for net wi undrawing from the

contest. It was also allegedly agreed that the

entire expenses on the election of Shri Naresh

Kumar would be met by the returned candidate. The

petitioner examined four witnesses to prove the

allegation,. They tried to pose as supporters of the

returned candidate and told the Court that the

scheme to field shri Naresh Kumar was their brain-

child. However, their cresting ever en-mass in

favour of the defeated candidate created serious

suspicion about their credibility. The court

therefore, held their evidence unreliable and

dismissed the allegation.

Since both the issues were decMod against

the petitioner, the election petition was dismissed

by..the High Court with costs vide its order dated

13th May, 1983.

- 25 -

IN THE HIGH COURT FOP. TH3 STATES OFPUNJAB AND HARYANA AT CHANDIGARH

(ELECTION PETITION WO. 14 Oi' 1982)

Marinder Singh & 4 others Petitioner

Versus

Ram Singh . .....Respondent

The election petition was. filed by Shri Nar'J nder

Singh and four oth^r electors in which they challenged

the election of Shri Ram Singh to the Haryana

Legislative Assembly from 86- Re-.gari Assembly

Constituency in the General Election held in May,1982*

The only ground on which the election of the

respondent was challenged was that the nomination

papers of Smt. Git a" Devi and S/Shri Parmanand and

• Raje sh were improperly rej.cted by the Returning

Officer. The Returning Officer had rejscted the

nomination papers of Smt.Gita Devi and Shri Parmanand

as they had not mentioned in their nomination papers

the correct numbers of entries in the electoral rolls

in which their names had bean entered whereas the

nomination paper of Shri Rajesh was rejected on the

ground that he, whose name was registered as an elector

in the Pataudi Assembly Constituency, had filed

a certificate issued by the Tahsildar regarding his

registration in the electoral roll of that Constituency

in place of the copy or extract of the electoral

roll or a certified copy of the entry in the

electoral roll.

- 26 -

The rcs-nonc'unt, Shri Ram Singh/ while

supporting the rejection of nomination papers of the

above named three persons, raised an objection that

no valid oath had bean aoministerred to the three

persons as required under article 173(a) of the

Constitution of India. According to him, the three

persons whose nomination papers had been rejected

had simply signed the oath forms already filled up

but did not make or subscribe any oath or solemn

affirmation before the Re-turning Officer, The Oath

form prescribed in the Constitution requires a person

to swear in the name of Goo or to make solemn

affirmation but the oath forms of the said three

persons were in the name of God as well as solemn

affirmation. Therefore, their oaths were invalid and

their nomination papers were liable to be rejected*

Relying on the decision of the Supreme Court

in A-nad Lai Vs. Kashmir Ram (AIR 1980 SC 13 58) and

its own earlier decision reported in 29 ELR 255,

the High Court overruled the objaction of the

respondent and held that oaths taken by the aforesaid

three persons were valid.

In so far as alleged wrongful rejection of

nomination papers of the three persons was concerned,

Contd....

- 27 --

the High Court reiterated its earlier observations

in Election Petition No.20 of 1982 to the offeet

that -

"Section 32(1) of the Act casts a duty- on thecandidate and his proposer to fill in correctinformation of their qualifications/ abouttheir being candidate and proposer so thatthe Returning Officer from the particularssupplied in the nomination paper should be able

' to locate the names of the candidates end theproposers in the electoral rolls quickly onawithout any difficulty and that trie candidateand his proposer cannot be permitted to becasual or careless in giving particulars inthe nomination papers which do net tally withthe electoral rolls and shift the burden to theReturning Of ficcr •:-•. themselves raking shelterbehind Section 32 (-I-) of the Act and lateren capitalise on their defaults to questionthe result of election."

On evidence, the Court: found that the

Returning Officer had rightly rejected the nomination

papers of the three candidates. It was clear to

the High Court that Srnt. Gita Devi who had not mentiono

the correct serial number of the entry at which

her name had been deleted in the electoral roll

did net render any help to the Returning Officer

to make good the deficient » in her nomination paper

and that she rather insisted that entries made by

her in the nomination paper were correct.

In the case of shri Parmanand, who had menticne

incorrect number of the part of the electoral roll

in which his name stood included, the High Court held

Contd....

that i t was not possible for the Returning Officer

to locate the correct par:: number and .that the person

concerned was not present at the time of scrutiny of

nomination papers to render any help to tha Returning

Officer.

In respect of the third candidate/ Shri Raj ash,

who had produced a certificate, signed by the Tfchsilclar,

Pataudi that his name had been registered at serial

number 28 in Part 54 of 6 2 Pataudi assembly constituency

tha High Court relying on the Supreme Court decision

In Narbada ftrasad Vs. chhagan Lai a n d ethers

•AIR 1969 SC 396) that the requirement of section 33(5)

of the Representation of the Y-t-oplu Act, 19 51 had

to be complied with, held that his nomination

had been rightly rejected by tho Returning Officer.

Ihe High Court dismissed the election petition

cost vide i ts order dated 3.6,1983.

- 29 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

(ELECTION PETITION WO. 13 OF 1980)

Vithai s,Dikonda ...Petitioner

Versus

Babur io C.Chakote -.«Respondent

The election petition was filed by Shri

Vithai Sayanna Dikonda, a defeated candidate, calling

in question the election of Shri Baburao Channappa

Chakote to the Maharashtra Legislative Assembly-

from -?17-Solapur city North constituency in the

general election held in May, 1980.

On the date fixed for heai-ing i .e . 16.3e1981, ii

petitioner did not turn up. His advocate, however.,

stated that he had instructions to withdraw the

petition. The advocate also could not explain the

reason for non-appearance of the petitioner or for

withdrawing the petition at that late stage, when the

issue had already been framed. The High Court,

therefore, did not grant leave for the withdrawal

of the petition and dismissed the petition with costs

for non-prosecution vide i ts order dated 16 „ 3. 1981,

- 30 -

IN THE HIGH COURT OF JUDICATURE AT MADRAS( ELECTION PET.: no:-; 1,0.3 0I: 1930 )

V.Malai Kannan «... Petitioner

Versus

S.Sivaswamy & others ....Respondents

The election petition was filed by Shri V.Malai

Kannan, a defeated candidate, calling in question the

election of Shri S.Sivaswamy to the Tamil Nadu

Legislative Assembly from 197-Illayangudi assembly

constituency in the general election held.in May,1980,

The election of the returned candidate was

challenged on the grounds that -

(l)there was improper rejection of validvotes cast in favour o£ the petitioner;

(2)there was improper reception of invalidvotes in favour of the returned candidate;

(.3)there was improper inclusion of validvotes cast in favour of the petitionerand the third respondent (also a contestingcandidate} in favour of the returnedcandidate; and

the(4) The petitioner was not given by /Returning Office:

adequate opportunity to pray for recount.

The Petitioner prayed for an order for the

scrutiny and recounting of all the ballot papers cast

in the election and for a declaration that the election

of the returned candidate from that constituency

was void and that the petitioner had been duly

elected from.that constituency.

Contd.,..

— ^ 1

The petitioner alleged that the Returning

Officer had rejected as invalid :rany votes bearing

marking partly in the blank area and partly in the

column in which his symbol had been printed. He

contended that as his name had been printed in the

last column of the ballot paper and below that column

there was only a demarcating line, votes bearing markings

below the demarcating line but protruding and projecting

into his column shall have been treated as valid votes

as there was no name of anyether candidate below his

name and that the intention of the voters was clearly

manifested,, He added that the Returning Officer had

relied "on a pamphlet printed by the Chief Electoral

Officer, Tamil Nadu in Tamil which showed Illustrative

cases of valid and invalid votes and in an illustration in

that pamphlet, it was wrongly shown that if a ballot

paper contained major portion of the marking in the shaded

area and a small portion in the column of a candidate,

that ballot paper was to be treated as invalid.

During the trial of the petition, the High Court

held that the Returning Officer had relied on wrong

illustrations of invalid votes given in the pamphlet

and had erroneously and illegally rejs cted as invalid

ballot papers in which the marking had been done in

-favour of the petitioner. Since the difference of votes

Contd....

- 32 -

between the elected candidate and the petitioner was

only 56., the High Court ordered on 29,6.1981 that there

should be a rescrutiny and recounting of all the

rejected votes. The other allegations of the petitioner

were rejected. Against this order of the High Court, the

returned candidate preferred an appeal by special leave

in the Supreme Court. The Supreme Court,"rejected the

said appeal.

Thus the recounting and scrutiny of all the

rejected ballot papers as ordered by the High Court

took place.. On such scrutiny, it was held that 55 votes

had been wrongly rejected and that these were valid votes

polled in favour of the petitioner and these should hava

been counted in his favour. After adding these 55 ballot

papers to the tally of the petitioner,, the returned

candidate was still ahead by one vote and his election

was not affected. So the High Court dismissed the

election petition vide its order dated 31.3„1983.

It, however, did not award costs.

l)The decision of the Supreme Court dated 27.9.1983in the said appeal has been reproduced in fullat the close of the Chapter.

- 3 3 -

IN THE, HIGH COURT OF JUDICATURE, ^T i-i-

(ELECTION PETITION U0,6 01? 198C-)

n . . . .Pe t i t ioner

VersusT. rumugam and others ....Respondents

The election petition was filed by Shri

a defeated candidate/ calling in question the election

of Shri T. rumugam to the Tamil Nadu Legislative

assembly from 162-^riyalur constituency in the general

election held in May, 1980, The petitioner prayed

that the election of Shri ru:";-".gam be declared void

and that he be declared elected.

The election of the returned, candidate was chaJle

on the following two grounds :

(1) that the elected candidate had procured and

used a large number of vehicles like cars and

auto-rickshaws for the free conveyance of the

voters from their residence to the polling

booths; and

(2) that he and his supporters threatened the

voters in many areas and prevented them froin

exercising their fr 'nchiseo

The returned candidate refuted both these

allegations.

«-s .regards the allegation of using hired «onveyar.

for bringing voters to the polling stations, the

petitioner produced some auto-rickshaw drivers before t

Court to prove the allegations. Sinoa the averments

. Contd

- 34 -

in the election petition were devoid of particulars arwere very general in nature and

/also due to the contradictions in the evidence of the

witnesses produced by the petitioner, the High Court

held that the allegation of hiring or procuring

vehicles for "bri 'rging the voters to the polling

station by the returned candidate was not proved.,

As regards the other alienation regarding

threatening and preventing voters from exercising

their franchise, the petitioner further submitted

that on the date of poll, e\-en Shri <*>-. Ganesan, the

third respondent and also a contesting candidate,

was prevented from casting his vote by the men of the

returned candidate. It was alleged that Shri Ganesan

was beaten and driven out when he went near the booth,

The petitioner also produced Shri Ganesan in support

of his allegation. However, this witness did not

support the version of the petitioner. He admitted

that when he went to the polling booth, a group of

persons prevented him from voting but he was unable tc

recognise them. This issue was, therefore, also

decided against the petitioner*

Relying on the decision of the Supreme Court

in "Razik Ram versus J.S.Chouhan" (AIR1975 Supreme

Court, Page 667) that a charge of corrupt practice

is substantially akin to a criminal charge and that

Contd,...

- 35 -

the 1st respondent against whom the charge

of corrupt practice is levelled is presumed to

be in'jaocent unless he is proved guilty/ the High

Court dismissed the election petition with cos';

vide i ts order dated 19th October, 1983.

IN THE HIGH COURT OF JTT-TGA'CURE AT LAURAS

(ELECTION PETICrOl: CO,4 02 l?8o)

•tvelayutham ..»„ * Petitioner

Versus

N. Kittappa and others ».„<,« Respondents

The election petition was filed by Shri

Balavolayutham, a defeated candidate., calling in questior

the election of Shri N« Kittappa to the Tamil Nadu

Legislative Assembly from X" "i -Mayuran constituency in

the general election held :'n Moy, 1980.-. The p^titin . -r;:

had alleged several acts of irregularities as having

been committed by the returnee candidate and had also

alleged irregularities in the counting of votes-

When the petition came up for hearing., the

petitioner filed an application for leave to withdraw

the petition as he was not able to mobilise witnesses

at that distance of time because most of the witnesses

had changed their place of residence and political

allegiance. The High Court, after hearing both the

parties, granted perrric,-ion to the petitioner to

withdraw the petition after the notice of such

withdrawal was published in the ofilcial gazette andcome

after such publication no p rscn had/forward for being

substituted in place of the petitioner*

The election petition was dismissed by the

High Court as withdrawn vide its order dated 22nd"

September, 1983 e

- 37 -

ItJ THE HIGH COURT t\T OVTCUTT^

(ELECTION PETITION WO,3 OF ^982)

Mohan Biswas " . c „ , , P e t i t i o n e r

Versus

Jns?iendra Nath Biswas & o t h e r s ,, ,•> , 0 , Respondents

This election petition was filed by bhri

- nanda Mohan Biswas, a defeated candidate, calling

in question the election of Shri >"nanendra Nath

Biswas to the West Bengal Legislative Assembly

from 74-Krishnaganj (SC) constituency in the general

election held in 1982.,

On the day of hearing on 22 :8»1983, the

advocate appearing for the petitioner, stated that

he had no instruction to proceed with the case. The

High Court, therefore, dismissed the petition same

day for non-prosecution.

- 38 -

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2813 OF 1977

G.varathan •.•^ppellant

Versus

N.Kittappan & others. ...Respondents

^n election petition (no.19 of 1977) was filed

in the Kerala High Court by Shri G.Varathan, a defeated

candidate, calling in question the election of Shri N.

Kittappan to the Kerala Legislative assembly from

83-Devicolam (iiC) constituency in the general election

held in March, 1977. The election of the returned

candidate had been challenged on the ground that he

did not belong to the Scheduled Castes at the time

of filing his nomination paper and therefore, his

nomination paper was illegally and wrongly accepted

by the Returning Officer. The High Court, however,

held that at the time of filing the nomination, the

returned candidate was professing to be a Hindu

and belonged to a scheduled caste and dismissed the

election petition vide its order dated 19.8,1977.

The petitioner filed an appeal in the Supreme

Court against the order and judgement of the High Cour

dated 19.8.1977, The Supreme Court upheld the decisic

of the High Court and dismissed the appeal without any

order as to costs vide its order dated 25th October,

1983.

- 39 ~

IN THE. SUPREME COURT OF II-3DIA.

CIVIL APPEAL NO. 1543 O-' 1978

• • • • •Mangal Prasad Yadav Appellant

Versus

Pratap Singh & others Respondents.petition

The election/(no. 5 of 1977) had been filed

in the Patna High Court by Shri Mangal Prasad

a defeated - candidate, calling in question the elecv;ic

of Shri Rajindr<i Pratap Singh to the Bihar Legislate,

Assembly frorri 15-Gherasahan constituency in the genej;

election held in 1911 * The election of the returned

candidate had been challenged on the gound of iinprcpc

reception :and rejection of votes and also some othej

irregularities committed during the counting of votes

The High Court dismissed the election petition

i t s order dated 18th July, 1978. Aggriyed by the

order and judgement of the H£>gh Court, the petitioner

Shri Yadav filed an appeal in the Supreme Court

against the said order. However, this appeal was no-

pressed by the appellant and was dismissed by the

Supreme Court on 6th October.. 1983 without any

order as to the costs.,

- 40 -

IN THE . SUPREME. COURT OF

CIVIL ii.PPEL^vrii JiiRIbDICTIOW

CIVIL ^PPE^L iSIO.1980 of 1978

• • • • 9

K. V. Ve rcinamferam . . . . .Appellant

Versus

and others . TT. . .Respondents

elect ion pe t i t ion (no.9 of 1977) had been

filed in the High Court of Madras by Shri K.V0

Ve^ranamhlain, a defeated candidate, challenging thr-

elect ion of shr i ^..M.Paramasivam to the Tamil Nadu

Legislative rtss^i ly from 146—Melur constituency in t

general elect ion held in June, 1977. The e lect ion of

the returned candidate was challenged on the grounds

of i r r e g u l a r i t i e s committed during the counting of

votes . Since the pet i t ioner could not substant ia te I

al legat ions , the High Court dismissed the e lec t ion

pe t i t i on vide i t s order dated 25th august, 1978.

Aggrieved by the decision of the High Court, fcl

pe t i t ioner filed an appeal i n the Supreme Court of Ir

against the order and judgement of the High Court,

On 8th November, 1983, the Supreme Court dismissed t>

appeal without any order as to costs on the ground tl

the appeal, which arose out of an e lect ion held in

1977, had become infructuous and a lso that no corrupi

pract ice had been alleged in the case .

- 41 -

IN THE SUPREME COURT GP INH ACIVIL APPELLATE JV ::J':tl>^:TIOECIVIL APPEAL NO.1V69C1-JC3) OF 1980

• * « • «

N.Rachiah - ,.,Appellant

Versus

The Returning Officer & others ...Respondents

An election petition (13 of 1978) was filed

by Shri N.Rachiah, a defeated candidate, calling in

question the election of Shri P.Vankataramana to tha

Karnataka Legislative Assembly, from 113-T. Karasipur (SC

. constituency at the general election held in 1973,

The tvjo rrain grounds in the petition were that the

allotment of symbol "Hand" tc the elected candidate

v;as wrong and that the reservation of the constituency

for S cheduled Caste VMS not Justifiable having

regard to the provisions of Article 329 of the

Constitution.

The election petition was dismissed by the

High Court on 28th March, 198O on merits. The

petitioner then filed an appeal in the Supreme

Court against the judgement and order of the High

Court. The Supreme Court, dismissed the appeal

on 27th October, 1983 as i t had become infructuous.

- 42 -

IN THE- SUPREME COURT OF

CIVIL APPELLATE JURISDICTIOW

( C i v i l Appea l Wo. 2013 (NCE)/80

K.P.R.Nair . . .

Versus

P.K.Vasudevan Wair & others , . , .Respondents

*%n election petition (no.4 of 1980) w-s filed

in the Kerala High Court by Shri K.P.Ramachan ran Nair/

a defeated candidate, calling in question the election

of Shri P.K.Vd'judevan ^air to the Kerala Legislative

assembly from JLOO-aJLleppey constituency in the general

election held in January, 1980. The election of the

returned candidate was challenged on the ground that

the returned candidate published and distributed leaflet

to create enimity between voters on ground of religion

and that he obtained and procured the assistance of a

Govt. servant for the furtherance of his election.

However, the petitioner could not prove these allegations

of corrupt practices and the High Court dismissed the

election petition with cost vide i t s order dated

23rd July, 1980.

Aggrieved by the decision of the High Court,

the petitioner filed an appeal in the Supreme Court

aqainst the order and judgement of the High Court

dated 23 July, 1980. The Supreme Court dismissed

the appeal as "infructuous" without any order as to

costs vide i ts order dated 27th October, 1983.

- 43 -

IN THE SUPREI1S COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO.1173 OF 1981

Patil shivayya . . . . Appellant

Vs.

Kavisetti Shankarappa

and others ....Respondents

An election petition (no.10 cf 1978) w=;s filed

in the High Court cf Karnataka by Shri P^til S^ivayya,

a defeated candidate, calling in question the

election of Shri Kavisetti Shankarappa to the

Karnataka Legislative Assembly from 216-Hugund

constituency in the general election held in 1978.

The election of the returned candidate was challenged

on the grounds that he (the returned candidate)

committed corrupt practices and that there was imprope:

reception and improper rejection of votes during

the counting of votes. Since the petitioner could not

prove these allegations/ the High Court dismissed the

petition with costs en 27th February, 1981.

The petitioner Shri Eatil Shivayye then

filed an appeal in the Supreme Court against the

judgement and order of the High Court. When the

case come, up in the Supreme Court, the learned counsel

for the appellant reported that he had no instructions

and wanted to be discharged from the conduct of the

case* Consequently, the Supreme Court discharged him

and dismissed the appeal for non-prosecution vide

Mr,- 44 -

IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1737 (NCE) OF 1981

S . 5 ive. swami . . . . Appe 11 ant

Versus

V.Malaitennan and others . . . . .Respondents.

c

JUDGMENT

BALAKRISH3S&, ERADI#J.

At the conclusion of the hearing of this

appeal arising out of an election petition filed under

Sections 8o tc 83, 98, loo(l) (d) (iii) ana (iv) and

Section 101 of the Representation of People -act,

19 51/ we passed the following order an noun ring the

decision arrived at by us:

"The appeal is dismissed with no order e.s

to costs. All interim orders passed by this Court

are vacated.

Reasons will follow."

We now proceed to state that reasons in

support of the aforesaid conclusion.

In the General Elections to the Tamil Nadu

Assembly held in May 1980/ the Appellant had contested

for the Ilayangudi Assembly Constituency seat/ and the

1st Respondent was a rival candidate sponsored by the

Communist Party of India. Respondents,2,3 and 4 had

also stood for election in the same constituency as

Ccntd..

- 45

independent candidates. The polling took pi?ce on the

28th of May 1980. The counting of votes was commenced

at 10.OO a.m. en the 1st of June 1980 end at 5,CO p.m.

after the postal ballot votes were also ccunc^u, the

rusu.lt of the election was announced by the Returning

Officer, declaring that the appellant was dulv elected

on the ground that he had secured the high ?.\ ..amber

of votes among the contesting candidates,; 'ding

to the results of the counting as announce:., tiie

appellant had secured 34/437 votes and the 1st

respondent had polled 3 4,381 votes. The o,.a,..r three

candidates secured only a very small numbev ,f votes

and had forfeited their deposits. Thus, it w- s

only by a narrow margin of 56 votes that the appellant

was declared to have won the election.

The validity of the election was challenged

by the 1st respondent by filing -the election petition

before the High Court of Madras praying for an order

for the scrutiny and recounting of all the ballot

papers cast in the election to the Ilayanc;udi Assembly

Constituency held on 28.5*80 and for a declaration

that the election of the appellant to that constituency

was void and that the 1st respondent had been duly

elected in respect of that constituency. The main

grounds urged in support of the prayer for setting

aside the election of the appellant were three-fold,

Contd*..

- 46 ~

viz., (1) improper rej ectic~: b^ the Returning

Officer of valid votes cast in f•: /cur of the

1st respondent; (2) improper .reception cf invalid votes

cast in favour of the appellant; and (3) improper

treatment cf valid votes cast in f?_vour cf the first

respondent and the 3rd respondent as votes cast in

favour of the appellant. A further ground was also

taken in the petition that the procedure adopted by

the Returning Officer in the counting of votes and

the declaration of the result of the election was not

in accordance with the provisions of the Representation

cf the People Act (hereinafter called the Act} the

rules and the instructions issued in that regard •

After Q detailed discussion of the evidence

adduced in the case, the learned single Judge of the

High Court, who tried the election petition, found

that there was no basis for the allegation trade in

the petition that the procedurfi adopted by the

Returning Officer in the counting of votes was not

in accordance with the relevant provisions of the

Act, the rules and the instructions. It was further

*!ound by the learned Judge that the averment made in'*

the petition that valid votes cast in favour of the

1st respondent and the 3rd respondent had been

improperly treated as votes polled in favour of the

Contd,.,

- 47 -

appellant was devoid of'factual foundation. However'/

on the issue relating tc the question whether there

had been improper rejection of valid votes cast

in favour of the 1st respondent herein (petitioner

in the election petition), the learned Judge found

that it was clearly established by the evidence that

the Returning Officer had erroneously and illegally

rejected as invalid ballot papers in which the

narking had been done either on the demarcation line

at the bottom of the 1st respondent's column - the

first respondent's name was printed on the ballot

paper as the last name and immediately beneath the

said name was the demarcation line at the bottom - or

partially on the demarcation line and partially

in the column of the 1st respondent,. The difference

in votes between the appellant and the 1st respondent

being only 56/ the learned Judge held that there

should be a rescrutiny of the rejectud votes and a

recount in the light of such scrutiny should be

undertaken. The total number of vot; s rejected on

different counts was 751. The 1st respondent deposed

in his evidence that there were as many as about

300 votes cast in his favour in which the narking was

partially on the demarcation line and partially in

the column where his name was printed and they had

Contd...

- 48 -

all been rejected. The Returning Officer, in

his testimony, as RW2, admitted that he had treated

such ballot papers as invalid but asserted that

the total number of ballet papers re jo cted on the

said ground -was only 127. The learned single Judge

was of opinion that even if the version of RW2

regarding the number of ballot papers rejected on

the aforesaid ground was to be accepted as correct,

the Returning Officer had committed a manifest

illegality while counting the votes and the declaration

of the result made on the basis of such defective countin

had to be set aside. Accordingly, the High Court

directed a re—scrutiny and a recount of all the

rejected votes to be carried out in the premises of

the High Court. The learned Judge appointed one

of the Assistant Registrars of the High Court as

Presiding Officer to supervise the recounting. The

Chief Electoral Officer was directed to cause the

production of all the rejected votes in respect of

the Ilayangudi Assembly Constituency at the election

held on 28.5.1980. A direction was also issued to the

Returning Officer - 5th respondent - to render all

necessary assistance to enable the re-scrutiny and

recounting to bejproperly carried out by the assistant

Registrar as Presiding Officer. It is against the said1)

decision of the High Court that this appeal by special

leave has been preferred.

Contd. ..

l) A summary of the High Court judgment(EP N0.3 of 1980) has been published

- 49 -

The Returning Officer in the testimony

given by him as RW2, hi:-s admitted in categorical

terms that he had rejected as invalid ballot papers

where the marking was partially in the column of the

candidate and partially in the shaded area and also

those where the marking was partially in the candidate's

column and partially on the dividing line in the

bottom. His explanation was that in doing so he

had strictly followed the instructions contained

in the booklet F3, entitled "Instructions to counting

staff" issued in Tamil language by the Chief

Electoral Officer of Tamil Nadu in connection with

the elections to the Tamil Nadu Legislative Assembly,

1980.

Rule 39 (2) (b) of the Conduct of Election

Rules 1961 requires an elector to make a mark on the

ballot paper with the instrument supplied for the

purpose "on- or near the symbol of the candidate

for whom he intends to vote". Rule 56(2) directs

the Returning Officer to reject a ballot paper"

(a)... or (b) if it bears no mark at

all to indicate the vote, or it bears a mark elsewhere

than on or near the symbol of one of the candidates

on the face of the ballot paper or, it bears a mark

Contd,...

- 50 -

made otherwise than with the instrument supplied

for thu purpose, or (c) ................ cr (d) if the

mark indicating the vote thereon is placed in such

a manner as to make it doubtful to which candidate

the vote has been given. Ihe essence of the

principle incorporated in the rule is that so long

as the ballot paper bears a mark made with the

instrument supplied for the purpose, the ballot paper

shall not be roje cted as invalid, if it is reasonably-

possible to gather a definite indication from the

marking as to the identity of the candidate in favour

of whom th;j votu had been given. In this context it

is necessary to remember that nearly 90% of the

electorate in this country consists of illiterate and

uneducated rural folk totally unacquainted with the

intricacies of the rules and tachnxcalities of

procedure pertaining to elections. Even if the best

of undeavour is made to explain to them such

complicated rules snd procedures they nay not be

capable ,.of grasping and fully understanding all the

implications and actually carrying them into effect

while exercising their franchise. If the right

conferred on the people to choose their representatives

tc the State Legislatures and the Parliament through

the process of free and fair elections is to bo

Contd....

- 51 -

meaningful the will of thu illiterate and unsophisticatec

voter expressed through a marking on the ballot paper

which though not strictly inside the column of the

particular candidate is clearly indicative of the

identity of thu candidate for whore the vote is cast

has to be respected and given its full effect. It

is gratifying to note that the Election Commission has

manifested due awareness of this stark reality while

issuing instructions to the Returning Officers

regarding the principles to be adopted for rejection

of ballot papers in the "Handbook for Returning

Officers" published by the Commission in 1982. At

page 90 of the bock, the Returning Officers have bean

instructed to reject a ballot paper only -

(i) when there is no mark at all cr. thefront or the mark is made otherwise thanwith the instrument supplied for thepurpose?

(ii) when the nark is in blank arc:;, that isto say, at the back of entirely in theshaded area; cr

(iii) when there are marks against two ormore candidates; or

(iv) when ther^ is any writing or mark bywhich the voter can be identified; or

(v) when the ballot paper is mutilatedbeyond recognition; or

(vi) when the ballot paper is not genuine crit is spurious.

The Election Coumissicn h-is also issued a "Handbook

for Candidates" for election to the House of the

Contd...

52 -

People, Legislative Assemblies of States and

Union Territories/ etc. At page 78 cf the book, it

is specifically stated that the Returning Officer

will not reject any ballet paper simply because the

mark is only partially within the column cf one

candidate and the rest of the mar.k is. in the blank

areas. It has also clarified that a ballot paper

shall not be rej ected merely en the ground that the

mark indicating the vote is indistinct or made more

than once, if the intention that the vote is for a

particular candidate clearly appears from the way

the paper is marked. !he ratter has been further

clarified in a pamphlet issued by the Election

Commission of India in 1982 entitled "A Pamphlet showing

illustrative cases of valid and invalid postal and

ordinary ballot papers". The illustration at page 17

of the pamphlet depicts a case where the nark affixed

on the ballot paper is partially in the column of the

candidate No.1, the rest of it being in the shaded

area and it is clearly directed that in such eases

the ballot paper should be treated as containing a

valid veto in favour of Candidate No.l. The Chief

Electoral Officer cf Tamil Nadu had issued a similar

Damphlet containing instructions in Tamil tc the

counting staff purporting to be in terms Identical

Contd t.*

- 53 -

with these contained in the Handbook and the pamphlet

issued by the Election Commission of indie. Ex. E3

marked in this case is the pamphlet so isr.uoo in

Tamil by the Chief Electoral Officer, Tamil Nadu.

Ex. H3 contains illustrative cast.- of valid and invalid

postal and ordinary ballot papers and in publishing

it, the obvious intention was to have the illustrations

on identical lines as those found in the corresponding

pamphlet issued by the Election Commission of India.

Unfortunately, however, in the illustration of invalid

ballot.papers"appearing at page 4o of the book (Ex.IB),

the major portion of the narking is in the shaded area

and a small portion of the mark is in the column of

the candidate. Apparently what was intended to be

printed was, an illustration showing a ballot paper

in which the whole of the marking was in the shaded

area only, without any portion of it being in the column

of the candidate. The illustration as printed in the

pamphlet obviously conveys the erroneous impression

that a ballot paper where the marking is partly in

the column of the candidate and partly in the shaded

area is to be re jo cted by the Returning Officer as

invalid. This is directly contrary to the intendment

of the relevant rule and also the express wording

of the instructions issued by the Election Commission.

C cntd....

- 54 -

In the case before us, the Returning Officer

was obviously misled by the- aforesaid illustration

contained in the pamphlet/ Ex.F3 and that was the

sole reason why he rejected as invalid the ballot

papers where the marking was contained partly in the

demarcating line or shaded area. Had the Returning

Officer taken the trouble to study the instructions

contained in the "Handbook for the candidates"

and the "Handbook for Returning Officer.^'it should

have been apparent to him that the illustration .

aforementioned contained in Sx. 13 did not correctly

reflect the position laid down in the rules and

instructions. It follows that the High Court was

perfectly right in holding that the counting and

declaration of the results in the instant case were

vitiated by serious illegality and in directing a

re-scrutiny and recounting of all the reje cted votes.

The appeal is, therefore, devoid of merits.

Before we part with the case, we consider it

necessary to observe that in order to avoid a

recurrence of such unfortunate instances of illegal

rejection of votes on the basis of the misleading

illustration contained in the pamphlet, 3x.P3, it is

essential thatkmmediate action should be taken by the

Contd....,

Chief Electoral Officer, Tamil Nadu, tc withdraw

the said pamphlet from circulati.n and tc substitute

i t by issuing a fresh pamphlet containing illustrations

correctly reflecting the legal position under relevant

rules and instructions relating to the scrutiny/

acceptance or rejection of ballot papers.

The Registrar will forward copies of this

judgment to the Election Commission of India and toear

the Chief Electoral Officer, Tamil Nadu, for necessary

action being taken in the light of our foregoing

observations.

J

. , J(V.Balakxishan Eradi)

New Delhi,Dated 27th Sept./1983.

Note: The Commission has asted' the ChiefElectoral Officer, Tamil Nedu to withdrawthe impugned pamphlet. It has nise-is sued a circular letter (Appendix) toall the Chief Electoral Officers tc guardagainst such lapses.

- 56 •

APPENDIX

ELECTION COMMISSION OF INDIA.

'Nirvacnan Sadan1,• Ashok Road,New Delhi-llOOOl.

No.576/24/83-LS.II Dated 21 November, 1983.

To

The Chief Electoral Officers of all theStates(except Tamil Nadu) andUnion Territories,

Subject:-Election Petition No.3 of 1980 - Judgmentof Supreme Court - Issue of pamphlets showingillustrative cases in regional language.

» • • • •

Sir,

I am directed to forward herewith a copy of

the Supreme Court judgment dated the 27th September,

1983 in Civil Appeal No.1737 of 1981 filed by S hri

S.Sivaswamy against an order of the High Court of

Madras in Election Petition No.3 of 1980 where from it

will be observed that the Chief Electoral Officer,

Tamil Nadu has been directed to withdraw the

'Pamphlet showing the illustrative cases of valid

and invalid postal and ordinary ballot papers' issued

by him in Tamil as it is not strictly in accordance

with the illustrative pamphlet issued by the Commission.

The Commission has already issued necessary instructions

to the Chief Electoral Officer, Tamil Nadu in this

regard,

Contd.....

- 57 -

I am to enquire whether you observe in your

State the practice of issuing such illustrative pamphlet

in the regional language of your state and if so whether

the same is in accordance with the Commission's pamphlet

and its instructions in the Hand Book for Returning Officers

This may be confirmed immediately

Two'copies of the pamphlet in regional language/

if already under circulation may be forwarded to the

Commission for its record,

I am also to request you to recheck copies of the

Commission's instructions, directions/ Hand Books/ if any

and other pamphlets issued in the regional language at

your end and to satisfy that those translations are

in accordance with the Commission's instructions and

relevant Rules, and a certificate to the effect of

having done the checking may kindly be; forwarded to the

Commission at an early date.

It is also requested that in future while

issuing any of the Commission's instructions/directions

in regional language, care should be taken to ensure

their correctness.

The receipt of the letter and its enclosure

may kindly be acknowledged.

Yours faithfully,

Sd/-( C.L. ROSE )UNDER SECRETARY

- 58 -

CHAPTER - III

Cases of disqualifications

rt- question was raised before the Governor

of Madhya Pradesh by Shri Sunderlal Patwa, Leader

of Opposition in the Madhya Pradesh Legislative assembly/

in his letter dated the 1st February/ 1983/ whether

Shri Satyavarat Chaturvedi,a sitting member of the

Madhya Pradesh Legislative •Assembly, had become subject

to disqualification under article 191(1) (e) of the

Constitution read with Section 8(2) of the Representation

of the People Act, 1951. That question was referred

to the Commission by the Governor of Madhya Pradesh for

seeking its opinion as required under article 192(2)

of the Constitution.

It was alleged by Shri sunderlai patwa in his

letter, referred to above, that Shri Satyavarat Chaturved:

who was elected to the Madhya Pradesh Legislative

assembly from 51-Ghandla Assembly Constituency at the

general election held in May-June, 1980, had been

convicted under Sections 148 and 367 IPC by the

High Court of Madhya Pradesh in Criminal ivppeal No.

73 2 of 1980, by their judgment delivered on 31.1.1983,

and had been sentenced to 3 years rigorous imprisonment

for each offence - both sentences wprp t-o

- 59 -

concurrently. Shri Sunderiai Patwa contended that

on the basis of the aforesaid conviction and sentence

of imprisonment/ Shri Satyavarat Chaturvedi had

incurred disqualification under section 8(2) of the

Representation of the People **ct, 1951 and that his

seat in the Madhya Pradesh Legislative assembly

should be declared vacant under article 190 (3) (o.)

of the Constitution.

^s the period of three months from the date

of the judgment referred to in Section 8(3) of the

Representation of the People ct, 1951, was not

over which period would have expired only on

30.4.1983 - the Commission, on 12th March, 1983,

tendered its opinion to the Governor of Madhya

Pradesh to the effect that the reference made by

Shri Patwa was pre-mature as at that stage

Shri Satyavarat Chaturvedi had not attracted the

disqualification under section 8(2) of the

Representation of the People ^ct, 1951 read with

section 8(3) of the said ^ct. The said reference

was therefore returned to the Governor of

Madhya Pradesh with the above opinion of the

Commission. The order of the Governor dated 7.4.1983dated 12.3.1983

alongwith the.. Comrission1 s opinion,/was

published in June, 1983 issue of the Documentation

Monthly at pages 44-51/

Being aggrieved by the decision dated 31.1..1983

of the Madhya Pradesh High Court, Shri

- 60 -

Leave Petition on 2nd 1 larch, 1933 before the .

Supreme Court and on 25 March, 1983 the Supreme Court

granted the said Special Leave Petition/ and

registered th*t Petition as Criminal Appeal

No.192 of 1983. The said Criminal Appeal Wo.192

of 1983 is still pending before the Supreme

Court for dispcsa 1.

Therefore, in view of the above Criminal

Appeal filed by him, Shri Satyavarat Chaturvedi

has not incurred any disqualification for the time

being, under section 8(2) read with section 8(3)

of the Representation of the People Act, 1951.

During the month under review thirty

nine persons were disqualified under section 1O*

of the Representation of the People Act, 195,1

for their failure to file their accounts of

election expenses or the accounts filed by them

were not withiir the time and/or in the manner

required by law. The names and other particulars

of these candidates are given in the statement

enclosed.

- 6 1 -

LIST OF PERSONS DISQUALIFIED UNLSR SECTIONOF THE R . P . **CT, 1951 DURING THE MONTH OF

November ,1983 .

S~.No7 & Name~of Name and" ivldr esses" of"" CaFe~o7 "bateConstituency. disqualified l i f J r l - t }?e f!

persons. i tS Ration wition. stand remov

automatical1. 2. _ I 3. Z 4

T^f-IIL ivtr'iDU HOUSE Oj? THE PEOPLE

1. 2 5 . Per iyakuiam S h r i K.Ramadoss, 7.11.83 7.11.863/62, Bazar Street,^•llinagarara Theni,Madurai District ,Tamil l-jatfu.

ANDHR«^ PRDESH LEGISTvTIVE ^SbEMBLY

1 . 19. GajapathinagaramShri Duwapu Thondu, 7.11.83 7.11.86Logisa GajapathinagaramTaluk, Vizianagaramt.'istrict, ^ndhra Pradesh.

2. 20. Vizianagram Shri Velugula 7.11.83 7.11.86Narasinga Rao,Sudcla V^edhi,Hukumpeta,vizianagaram-2,^ndhra Pradesh.

3. 75. Jaggayyapet Shri Muttineni 7.11.83 7.11.86Hanumantha Rao,ChillakaliU/Jaggayyapet Taluk,Krishna District,^ndhra Pradesh.

4. 75. Jaggayyapet Shri Purushotham 7.11.83 7.11.86SakhaiDuri,^niganrllapadu,Nandigama Taluk,Krishna District,^ndhra Pradesh.

5. 82. Nuzavid Shri Tiruvuru 7.11.83 7.11.86Gangadhara Rao,Nuzavid,Krishna Distt . ,^ndhra Pradesh.

6. 83. Cannavaram Shri Devarapaili 7.11.83 7.11.86Rayappa,Kanuraolu Village,G r a m Taluk,

Pradesh.

Contd...

- 62 -

Pradesh(Contd,

7. 85. Gudivada

8. 86. Mudinepaii

9. 88. Malleswaram

10. 111. Chirala

11. 113. Martur

12. 120. Curnbum

13. 121. Darsi

14. 121. Darsi

15. 130. Nellore

Shri James AlfredGandharn,1-68, Goodmanpet,1st Ward, Gudivada,

Pradesh.

7.11.83

Shri Koteshawara Rao,

Shri Chatla papa Rao, 7.11.83"•ngaloor, Gudivada Taluk,

Pradesh.

7.11.83

Post(Via) Pedana, BandarTaluk, ^ndhra Pradesh.

Shri V.V.M.V.Prasada 7.11.83

3 72, I.L.T.D. Colony,Prasada Nagar,Chirala,Taluk, Prakasham Distt.,' Pradesh.

Shri Bachina Subbaiah, 7.11.83Ecidanapudi (PO),<>ddanki Taluk, Prakash amDist t . , ^ndhra Pradesh.

Shri Perika Joseph, 7.11.83'^rdhavieedu Village,Bestawarapeta Taluk,Prakasham'Distt.,*>-ndhra Pradesh.

Shri Pattan Haroon liKhan, 7.11.83Markapuram,PrakashamDistt., ^ndhra Pradesh.

7.11.83Shri YaddanapudiYohan,

Taluk, Prakasham"•ndhra Pradesh.

Shri Thurnmaia RamaPrasad Reddy,20/24,ThummaiavariStreet,Rajagari Street,Mullapet, Nellore,

Pradesh.

7.11.83

7.11.86

7.11.86

7.11.86

7.11,86

7.11.86

7.11.86

7.11.86

7.11.86

7.11.86

Contd..

63 -

" 1 '"Pradesh (Contd

16. .l3i.

17. 138. Puttur

Shri Rayappa, 7.11.S3Tere, Kapadipalern,Nellore, ^ndhra Pradesh,

shri D.Venk^aiah, 7.11.83Gandapu Harijanawada,Vadamalapet Post/PQttur Taluk,Chittoor

Pradesh,

18. 144-. Madanapalle Shri Mogal -*bdulJaleel Baig, 7.11.8329/85t Temple Street/Rayachoty, Distt„,C h i 11 oo r, - -ncl h r a ? r ad e sh .

19. 155. Badvel

20. 179. Kurnool

21. 179. Kurnool

22. 179.Kurnool

Shri Sinqaraiah,Siddavaram (Post)/Badvel Taluk, CuddapahD i st t . , * *ntfhr a Pr - -d e sh.

Shri D.Subramanya Rao, 7.11.83H.No. 12A9-Peta,Kurnool, '^ndhra Pradesh.

Shri Jarneeluzzama,9-333-Peta,Kurnool,

Pradesh.

Shri p yGowd, ' 7.11.83Wandanapani, KurnoolTaluk/L' is t t . , Kurnool

Pradesh.

23. 2 20, Siddipet Shri Kacharri Balakishan, 7.11. 83Siddipet,Geeta Bh^wanRoad, House i<lo« 5-1-42,L'istt . , Medak,^ndhra Pradesh,

24, 247,Chinnur (SC) Shri Ondeti SwQmy,H.No. 1-62,1st Zoro,Kaiyankhani,Handamarri,

d Distt»,Pradesh."

25. 268. Ghanpur(SC) Shri .tfUla Kistaiah, 7.11.83Raigudem Village,(Via) Pedda Pendyal,

Ghanpur Taluk,W iJ is t t . ,

Pradesh.

7.11.86

7.lie 86

7.11.83 7.H.85

7.H.86

7.11.83 7.11.86

7.11.86

7.H.86

7.11.83 7.11.86

7.11.86

Contd...

- 64 *

<-ndhra Pradesh (Contd.)

26. 268. Ghanpur (sc) Shri S.Ramaswamy,Ghanpur Village,Ghanpur Taluk,Warangai District/

Pradesh.

7.11.83 7.11.86

1. 5. Badarpur

2. l3.Lakhipur

3. I3.iakhipur

4. 13.Lakhipur

LEGISLATIVE '-*SSSMBLY

Shri Smad Uddin#Vil l . Kankalash,P.O. BhanqaDistt./

7.11.83

ShriBarbhuiyay 7.11.83P.O. & Vill., Gobindapur(E),District

Shri ^bdul Bari Khan, 7.11.83Vill. Niz Lakhipur,Part-III, Distt.,Cachar, ^ssam,

Shr$ Kamai Uddin, 7.11.83Vill. Chirirpar,P.O. Manipur,District Cachar,

7.11.835. 124.Margherita Shri Bholanath SUrBanhbar^P.O.Dibrugarh, ^ssam,

K^ • LEGISLATIVE -*SSSI^IBLY

7.11.86

7.11.86

7.11.86

7.11.86

7.11.86

1. 51. Pavagada

2. 61. Turuvekere

Shri D.Sanjeevaiah, 7.11.83 7.11.86S/o Shri Hanuinappa,Dalavaihaiii /

Y.N.Hosakote Post,Pavagada Taluk,Tumkur District,Karnataka.

Shri T.M.Jayadevappa, 7.11.83 7.11.86S/o Shri Muddabasappa,65, Vinoba Nagar,Tumkur, Karnataka.

Contd. . . .

- 65 -

~ 2 ~ ' 4

aka (Contd.)

3. 12.

4. 155. Birur

Basauna ^ngadi,Post Madra 3,Taluk ^fzalpur,Karnataka.

3hri G.S.SiddappaYane Tharnrnanna,Guliadamarte,bornal Post/Ldngadahalli Hobli,Tarikere Taluk,

7.11.83 7.11.86

7.11.83 7.11.86

1. 33. Pariong Shri Osarly Wahlang, 7.11.83 7.11.86Nongjlak, B.P.O.Myriaw,West Khasi Hills,District, Meghalaya..

UZG Ib I> >T IV S * S b EMB LY

1 . 5 5 . Tobu

2. 56. Noklak

Shri Hensokonyak,Village,

B.P . 'O . Tobu,

Shri John,B.P.O., Woklak,

7.11.83 7.11.86

7.11.83 • 7.11.86

* * * * ** * **

- 66 -

CHAFT3R - IV

DISPOSAL OF

Durinq the month under review .

intimation regarding disposal of eight more

election petitions t\* the different High

Courts was received in the Commission. Sixteen

appeals were disposed of by the Supreme Court

during the month whereas seven more appeals were

filed in that Court. Besides, one election

petition No. 29 of 1980 has been remanded to the

High Court of Punjab for re-trial by the Supreme

Court on an appeal.

Details of the election petitions filed, .

disposed of and pending in the High Courts and

appeals in the Supreme Court following (a) General

election to Legislative Assemblies held in 1972,

(b) General Elections to Legislative assemblies

held in 1977-79, (c) General Election to Lok Sabha

held in 1980, (d) Generai Elections to Legislative

Assemblies held in 1980, (e) General Elections to

Legislative assemblies held in 1982 and (f) General

Elections to Legislative assemblies held in 1983 ar

furnished in the six separate statements (I to VI)

annexed.

**t the close of the month under review,

251 election petitions (including one election

Contd....

- 67 -

petition remanded to Punjab High Court ry

the Supreme Court on an appeal) were penning

disposal in the different High Courts of the

country and fifty-five appeals were pending in

the Supreme Court, "> statement (No. '•/Ill)

showing periods for which these election

petitions in different High Courts and appeals

in the Supreme Court are pending . is also

annexed. •

ELECTION TO TH.J LZGIl>L-S77V2 ^SEHBLIES, 1972,

1.

2.

3.

4.

5.

6.

8.

9.

10.

11.

12.

13.

14,

15.

16.

17.

^..^Xect ion..p_etit_ic>n.2filed, disposed of,- pending in theHigh Courts and Appeals pending in the Supreme Court. _ •

( s on 30.11.1983).

, No.' Name of State/i Election Petitions in the High Court. I appeals in the bupreme Courtc .: Union 'Filed Disposed of Pending. | Filed _. Disposed of Pending•Territory ' iUpto the jDuring "j.. Total f~ I jUpto the . j During iTotal]| | -end of [the j" ' , i pnd of j the j !

_ _ ! _ _ _ _ _ — _- i . p.as,'t_rrionthJ^msnthJ!. _j. j__ j_ Last_rnon;Uij_rnon.th_ < _ ,1 J _ ._2 3 4. 5 6_ 7 8 19... . 10 11 l!ndi-z-a Pradesh 10 10

Assam 3 3

Bihar 40 40

Gujarat " 8 8

Haryana ' 29 29

Himachal Pradesh 13 13

Jammu & Kashmir 41 41

Madhya PradevSh 50 50

Haharashtra 8 8

Manipur 5 5

heghalaya 2 2

Karnataka 8 8

Punjab 21 21

Rajasthan 14 14

Tripura 2 2

West Bengal 1 1

Goa, Daman & Diu 1 1

J31 Ihi (Metropolitan) 4 4_nan of,C)

10

3

4D

8

29

13

41

50

8

• 5

2

8

21

14

2

111

4260"

3

1

8

1

17

4

515

4

1

2

6

31

3

1

8

1

17

4

5

15

. 4

-1

2.

5

3

1

73 72

3

1

8

1

17

4

5

15

4

1

2

5

31

_ 272"

STATEMENT - I I

s.

1 .

2 .

3 .

4 .

5 .

6 .

7v

8 .

9 .

1O.

1 1 .

1 2 .

1 3 .

1 4 .

1 5 .

1 6 .

1 7 .

GSNSR-iL 3LECTI0N TO

Number of e l e c t i o n

TH..:; L-GISL-VTIVJ abb.; *4V T TV1^ 1 Ann Tn

petitions filed, disposed of pendingHiqh Courts and appeals in t he Supreme

'No." NCirne~"cf S t a t e / "UnionTerritory.

ilectTonPiled

1 2

<vndhra Pradesh (1978)

"ssam (1978)

Bihar(1977)

Haryana ( 1977)

Hirnachal Pradesh (1977)

J^mmu & Kashmir (1977)

Karnataka (1978)

Kerala (1977)

Madhya Pradesh (1977)

Maharashtra (1978)

Meghalaya (1978)

Nagaland (1978)

Orissa (1977)

Punjab (1977)

Rajasthan (1977)

Sikkim (1979)

Tamil Nadu ( 1977)

p e t i t o n s Tn tKeDisposed of

iUpto'the | Durxng j lend of | the [

lla_s3

21

9

3 1

7

5

19

74

19

28

13

1 '

9

6

16

18

2

8

t_ mjQnthijTijanjihj. i_4 5

2 1

9

3 1

7

5

19

74

1 ? T

28

13

1

9

6

16

18

2

8

j Court.

(Ks or

> H T Q

'otal

T Cotart."Pending

6 7

21

9

3 1

7

19

74

19

28

13

1

9

6

16

1 8

2

8 mm

in the

i 30.11.1983

als TnFiled

8

6

3

6

2

—

4

4

6

6

2

-

1

1

10

4

-

5

|UptOend

Jlast9

5—

4

1

—

1

3

5

6

2

-

1

1

9

4

-

.. 4

) .

the SupFeirie""Co'uFt7

the - j jjrurmgof the

m.onth Jjmonthl o

1

1. _ . • • . , . - . . . .

-

- .

1

1

1

-

-

-

-

-

-

—

1

•i'ot

~11

6

1

-• 4

1

_

2

4

6

2-

1

1

9

4

_

Contd , .*

— I\J —

1 8 * U t t a r P r a d e s h ( 1 9 7 7 ) 3 7 3 6

1 9 . ' ^ e s t E e n q a l ( 1 9 7 7 ) 1 1

3 6

i72

1. L--elhi (1977) 4 4

2. Goa, Daman & Diu(1977) 1 1

3. Kizoram (1979) 2 2

4. Pondicherry (1977) 2 2

4

1

2

2

1 1

2 -

333 332 332 72 53 60 12

s

_

1 .

2 .

3 .

4 .

5 .

6 .

7 .

8 .

9 .

1 0 .

1 1 .

1 2 .

1 3 .

1 4 .

1 5 .

1 6 .

'if

Humber of electthe HiqV

.No.} Name of S t a t e / 1

I "

UnionTerritory.

_

• ••ndhra Pradesh

Bihar

Gujarat

Itoryana

HiTiachal Pradesh

Jarra.u & KashmirKarnataka

Kerala

liadhya Pradesh

Maharashtra

Orissa

Rajasthan

Tamil Nadu

Tripura

Utt'^r Pradesh

Wes'b Bengal

R-\L

i o nCou

FleeFile

3

1

14

2

1

1

2

1

1

4

6

1

2

1

2

14

2

7 /LICCTION T

petitionsi ts and p

0 LOK S.iE

filed, diea.is in

L93O.

SDosed of and pendinq inthe £Supreme C

Fion~P~tTtTons~*in Pae Hiqh~CouFtd In spo

upto thee nd c flast rnont

4 • " •

1

6

2

1

1

1

1

1

4

6

1

1

1

2

11

1

s ed o r

h

uurinqthemonth

5

-

-

-

-

-

—

—

—

—

—

—

—

—

-

Tote

~ 61

6

2

1

1

1

1

1

4

6

1

1

1

2

11

1

Pending

1~ ~ 7 " '

—

8

—

—

1

—

— *

—

—

_

1

—

_

3

1

our t .

( -s on

Filed

8~

_

1

1—

—

1

2—

1

1

1

3

30.11.1983).

Ls in the Suorcm? CoiirtDisposed

Upto the (During j Totalend of thel a s t monthlmonth. I

9 ~ " "10 " ~ l l— — _

I i

— —

-

2 - 2

-

1 1

2 - 2

_*_

Per

1

1

Contd.. .

_ |17.

18. Delhi

19. Dadra &I lav el i

Pradesh 1

2

1

2

$

1

7

59 45 4 5 14 12

— 1 V

GBi-ER^L ELECTIONS TO LZG Ig 1 >T IVi] c£S S IMG LIES , 1980.,

Number of e l e c t i o n p e t i t i o n s f i l e d , disposed of, pending i n thet,Hig]i.J^QiLTLts_and^j3r2.efil..s, i n t he Supreme Cour t .

(~s on 30 .11 .1983) .

"of* S t a t e / "NameUnionTerritory.

^lection. Peti t ion in the High Court opeals in the Supreme?iled L-isposed of ___Pen: ing Filed Disposed ofF i l

jlJpto t h eend of

_ ilasi3 4

During T T o t a lthe j.m.Qnt.h^ 1

5 • 6

Courts.

8

Upto theend ofl^st, morith.

Pending

1. Bihar 39 11

2. Gujarat 5 4

3. Kerala 8 8

4. hatfhya Pradesh 23 20

5. r.aharashtra 16 15

6. iianipur 4 4

7. Orissa 4 4

8. Punjab 42 39*

9- Rajasthan 20 8

10. Tamil Nadu 17 10

11. Uttar Pradesh 29 17

12. ^runachal Pradesh 1 1

13. Goa,Daman & Dmu 2 2

$4; Pondicherry • 1 1

2

1

134

8

20

15

4

4

39

8

12

18

1

2

1

261

-

3

1

-—

3

12

5

11

-

-[ Ifi

11

2

5

2

1

-

1O

-

10

5

1

-

1

1

1

6

1

Duringthe

>month, _10

1

1

2

Total

11

1

1

2

3

1

1

7

1

12

2

2

3

5

T OT^L : 2 1 1 144 149 62 38 11 17 21

* One p e t i t i o n No, (29 of 19*807 has been remanded t o High Court "By t75e~Supreme Court on appeals

STATEMENT - V

GENERAL SECTIONS TO LEGISLATIVE ASSJJ-IBLIES, 1982.

iNi umber of e l e c t i o n p e t i t i o n s f i l e d , disposed of, pending i n t h eHigh..Courts and appeals in t h e Supreme Court .

( *vs on 30.11.1983.)

S.Now Name of S t a t e /UnionTerritory.

Election Petitions in the High CourtFiled Disposed of

Upto thejDurXng I Totalend of ithe {

h hen of ithe {last months month\

Pending-appeals in the Supreme CourtFiled Disposed o]

Upto the I During j Totalend of (the

8 10 11

Tending

121. Himachal Pradesh

2. Haryana

3. Kerala

4. "West Bengal

5. Nagaland

1227

15

8

4

724

14

2

1

7

24

14

3

1

5

3

1

5

3

4

11

4

—

J| [

4

4

7

4

TOT^L: 66 48 4 9 17 19 15

- 7 b -

T - VI

SlvE&il, ELBCTI01& TO TH:J LEGISLATIVE ASGiJi-iBLIIS. 1983

Number of election petitions - filed, disposed of, pending- in the High Courts and appeals in the Supreme Court.

on 30.11.1983).

S.Ko. Wane of S t a t e /bnion

Election Pet i t ions in the .High Court.Fi 1 ed. Disposed of " .'; _Pending

Upto the Duringend of Ithe «

monilij. ijonth4 5

?otal

in the Supreme Cou:pFiled|_ Disposed of

i Upto the iDuring {Tot<(end of ithe \

\ i8

1

ID _11

1.

• - •

3.

4•". *

5.

6.

7.

^ndhra Pradesh

^ssam

iXimmu & Kashmir

Karnataka

Meghalaya

Tripura

Delhi

39

5

76

22

5

4

14

8 31

5

76

22

5

4

14

TOT/VL 165 8 157

- 76 -

bT^TEMENT - V I I

STATEMENT SHOWING PERIODS FOR WHICH ELECTIONPETITIONS IN THE HIGH COURTS AND A P ^ E ^ I S IM

THE SUPREME COURT ^RE PENDING*

(~s on 3 0 . 1 1 . 1 9 8 3 ) .

Between Over 4vears»

Name of State/Less thanFBetween P^etween ~~\Union !a year j 1-2 yearst, 2-3 years.! 3 ->i_ yearsTe£ritory_. \~J%L SC_j _HC 3C 'Tw~ §P_ L iiP SC_ I _. |_ 1 C _3_'_ 4 f 5. _ _6_ J _7_ T _8 9 J _1O £ II

Pradesh 31 1 - - - . _ - - . .

Bihar - _ _ _ 2 6 - 8 - - 2

Gujarat _ _ _ _ i 1

Haryana , - 7 3 _ _ - _ _ _ 1

Pradesh -

Jammu & Kashmir 76

Karnataka 22

Kerala

Madhya Pradesh -Maharashtra

Manipur -Meghalaya 5Nagaland

Punjab -Rajasthan

Tamil NaduTripura 4

Uttar PradeshWest BengalUNION TERRITOR12S

1

-

2 31

71

-

1

4

3

12

5

-

- 14

Pradesh

Delhi

Mizoram/Daman &

14 _

- 2

TOT.vL 157 21 17 16 65 7 11

@ Inc ludes arTappeal pending for" rnore ' than 8 y e a r s

1 1

- 77 -

CHOPPER - V

Vacancy Statement

• t the end of November, 1983, there were

1.3 vacancies in the House of the People and

38 vacancies in the Legislative assemblies of

various States and Union Territories. In the

Council of States there was only one vacancy

and in the State Legislative Councils there were

145 vacancies (including casual vacancies) .

Details of these vacancies are furnished in

the enclosed statements.

.- 78 -

Total Number of seats in Council of Stand Legislative Councils and Vacancies,

"•'•••' (hs.on 30.11.1983),

S.No. Name of S t a t e ""Council of S ta t e s Legis la t ive Council..Union . . Total .vacant To-c&l _J£^cjjr?_Territory:. _ 1 C R: C_ _ R _

_1 . _ 1 Z3 4- 5. 6 7_ _ 8 _1. ^ndhra Pradesh 18 - - 90 6 - 12. ^ssarn 7 - - - - , -•3. Bihar 22 - - 96 . 1 394.-'Gujarat 115. Haryapa 5 - « .. ..6. Himachal" PraQesh 3 • - ^ ». - ' —7. Jamrnu & Kashmir . 4 - - 36 3 -8. Karnataka 12 - - 63 219. Kerala : 9 - _ _ _

10. Madhya Pradesh 16 - - -11. Maharashtra 19 ' - 78 1 712. Manipur '•"'• "'j ' ' 1 - — - - -13. Meghaiaya l - _ « _ »14. Nagaiand 1 - -15. Orissa 10 - - - _16. Punjab 7 . - - _ _ _17. Raj&sthan •• 10 - _18. Sikkirn • l - _19. TajDii Nadu '- IS - - 63 - 2120. Tripura 1 _ _ _ _ _21. Uttar. Pradesh 34 108 - 4522. West Bengal 16 - -UNION TERRITORIES :1. Andaman & N. Islands - - - - . fV _2. ^runa'chal Pradesh - 1 - - -3 . Chandigarh - - _ . _ _ '- _4. Daflra & N. Haveli - - ' -5. Delhi 3 _ _ _ _ ~6. Goa, Daman & Diu - ~ _ _ _ _7. Lakshadweep - " - « «. _ _8. Mizoram 1 - - _9. Pondicherry 1 - i - - I I

_ _ 232 - -1-J 534 • 11 134

C = Casual Vacanries. • • • •-. ..R = Vaoangles due ..to retirement; ; • ,-. ' '

Details of vacancies are shown in the enclosed statement

- 79 -

- II

Total number of spats in t*""3 House of thePeople and State Legislative **gsereblies

vacancies,....

on 30.11.1983).

S.NoT Name"*o? Statey~House"~of the People"" Legislative assemblyUnion Total V-icant Total Vacant

1. Andhra Pradesh 42 - 294 12. Assam 14 7 126 173. Bihar • 54 1 ' 324 . 24. Gujarat 26 - 1825. Haryana 10 1 90 16.. Himachal Pradesh 4 1 687. Jammu & Kashmir $ - 76** 18. Karnataka 28 - 2249. Kerala 20 - 140 2

10. Madhya Pradesh 40 1 3 20 211. Maharashtra 48 - 28-812. Hanipur - 2 - 6013. Meghalaya - 2 - 6014. Nagaland . 1 - 60 -15. Orissa .. 21 - 14716. Punjab , 13 1 1 1 7 117. Rajasthan 25- - 200 118. Sikkim - I - - 3 219. Tamil Nadu 39 - 234 320. Tripura - 2 - 60 - '21. Uttar Pradesh 85 1 425 522. West Bengal 42 - 294 2UNION TERRITORIES

1. Andaman & N. Is lands 1 -2. ^runachal Pradesh 2 30 -3. Chandigarh 1 -4. Dadra & N. Haveli 1 - * ' «5. Delhi- 7 « 5 ^5. Lakshadweep 17. Goa, Daman & Diu 2 ~ 30 . -8. Mizoram . 1 «, 30' -9. Pondicherry 1 - 30

T _ r ! I L : 542 13 3997 38 'NOTE: - Details Of vacancies are shown ±n statement enclosed.

* Excluding 24 seats ear-marked for Pakistan occupiedterri tory,

f> Metropolitan Council

cf 3 ..ate

1,.

2. Bihar

3 ' Pradesh1

- 80 -

- L3GISL

on 30.11.1983).

No. of No. & J -me ofconstituency.;

Cause ofvacancy.

Date of Date ofvacancy, pol l .

Renr-rks

ac2

a nt»* < •

COUNCIL OF STATES

By members By Retirement 27.7.S3

HOUbE OF THE

5. Kok-rajhar (bT6. Barpeta8- Mangaldoi9. Tezpur

10. Nowgong13. Dibruqarh14. Lakhimpur

2 . Bettiah

No nominations werefiled in theseconstituencies atthe general electionto Lok Satha in Dec,,1979 and Jan#/ 1980.

Death

- The Poll . '-Vfixed for 17/20.2.83'

W -J adjourned..Incase of Mang3ldq±j '

p ,c . the poll has 1"been counter-m-nc?ecl due to thedeath of acontesting candidate

25.3,83 23.12.83

17.1O.83

4. Haryana

5. MadhyaPradesh

1 4. Sonepat

1 40. Handsaur

Regn.

Death

31.5.82 23.12.83

7.10.83

Contd. .

- 81 -

. A _Regn.6. Hoshiarpur

78. Bulandshahr Death

22.7.82 Law and ordersituation notcongenial forholding a freeand fair* poll.

5.12.82 23.12.83

1.Pradesh

2. Bihar - 39

Hyderabad

P?-tna h.:i\oBh^pur L.ii.Safan L.A.Champaran L.n,Muzaffarpur L.Db

Retired

Honghyr L.A.Purnea L.A.Santhalparganas L.A.Hazaribagh L.n,Dhanbad L.^.

Patna L.^. (3 seats)*Bhojpur L.< ,Saran L.^i. RetiredDarbhanaa L.A,

SanthalParganas L.A.Hazaribagh L.a.Ranchi L.a.Sinc'hbhum L.A,Purrea L. «.

1.7.76

6«,5O78

31.5.80

Reconstitution of theHyderabad MunicipalCorporation( themembers of whichconstil^t-.; theelectorate) is awaited,

Position regardingthe constitution ofvarious local bodiesis being ascertained."

—do-

H 7

Bihar (Contd.) Patna

3.

Retiredliuzaf farpur(2 seats)Darbhanga LMonghyr L%^Saharsa L.^Bhagalpur L.Ranchi L.^.Pa lama u L.binghbhum L,

Tirhat Teachers'Honghyr Teachers

DarbhangaGraduates'

Graduates

21 My s or e-c um-Kadagu L.^.Bijaptir L.A,Dharwad L. «Mandya L.^.

- RetiredRetired

Retired

Retired

Retired

DakshinaKannada L^,,

Belgaum L«. c

Bangalore L,.ivChitradurga L,Bidar Lu^aUttar KannadaKplar ,

6.5.82

6.5.826.5.82

6.5.82

6.5.82

1.7.78

14.5.80

Position regardingthe constitution ofvarious local bodiesis beinnascertained€

Electoral-rolls withI,llo83 as the qualifyingdate are under revision.

Some of the local bodiesaye yet to be constituted,

-do-

r(ContcL)

n

4. {Maharashtra 7

- ,- 83 -

Gulbirga Lu^o ^Bangalore L.^.Shiinoqa—cum— •,Chikrntiqalur- L.A.jTumkur"L.A.Raichur L.^. iBallary L.^. fMysore-cum-Coorq L.^. •

Dhulia L.'%.

Retired

Retired

11.6.32

24.4.82

7

Seme cf the ' ltodies arc- yet to heconst i t ut eel o

Position, rega-rding theconstitution of localbodies. :is

5. Tamil Nadu 21

Poona L.'i..Kolhapur L./».Osmanabad andEhir L.i*.

Parthani and1 landed L.^.

Madras L.^.

Retired

Retired

Chengalapattu L,^. /

L.«-« ( 2 seats) iriadurai L0^r (2 seats)Tirunevela L.^,(2 sea+,s)

7.7.82

21.4.74

2.1.4.76

-do-

Reconstitutionof the MadrasCorporation (themembers of whichconstitute theelectorate)is awaited,

Reconstitution ofLocal Eocies i sawaited.

- 84 -

__ JTamil Nadu(Contd.)

.3.Worth(2 seats)South( 2 seats)v'iruchirapailyPundukkottai L.( 2 seats)

Retired 21.4.78

7Reccnstit'Jtion ofLocal Bodies isawaited.

Thanjavur L.^.( 2 seats)Salem-Dharmapuri

L.^. (2 seats)Rama nat hapuramL.-f». ( 2 seats) .

Retired 21.4.80

Rpconstitution ofLocal bodies isawaited.

6. "Jttar Pradesh 45 Ga*hwai-curo-Bijnor

Rarnpur-cum-BudauinPilibhit-cum-Shah j aha npur L.^i.Kheri-curn-Sitapur-cumHrdo(2 seats)Pratapg irh-cum -yultanpur-cum~EaraT.anki L.-i.(2 seats)

!Retired 5.5.80

bulandshahar L.-i. iHeerut-cum-Ghaziabad- jcum-tiuzaffarnagar L.v-v. j(2 seats) ...-'

Reconstitution oflocal bodies •

- 85 -

ITJttar Pradesh(Contc. )

baharanpur-cum-Dehradun \

oarhv/al-c'um-Kurriaon L.-^, " :Luoknovj-curn-Unnao-cum - jRae Bareli L.^.(2 seats) IGonda L.'\.

Basti-cum-Gorakhpurjaunpur L.<»,

Mai npuri-c um-Stah-c um-1'iathetra L.^.

Nainital-cum-BereiXly

Recinsti tution ofLocal Bodies awaited

Retired 5.5.80

Basti-cum-Gorakhpur.( 2 seats) '

^zamgarh-curn-Ghazipur L.2J j(2 seats) ' j

Varanasi-cum-Firzapur•L.^, •(2 seats) " \?atehpur-cum-Banda L.^, IHamirpur-curn-Jhansi L.a. !Jalaan-curn-Jrtawah L..i. IKanpur-cum-Farrukhabad L A '(2 seats) ;

Mai npuri-c urn -i:tah~c um-Mathura h^\, \

i Retired" 5.5,82 ~ do **•

- 86 -

_5

5.5.82Uttar Pradesh(Contd.)

1.Pradesh

2, Bihar

3. jammu &Kashmir

1

3

Allahabad Graduates'fleer ut Graduates1 Retired

LucKnow-Teachers'GorrVhpur-cum-F-l^bad Teachers''iqr^ Teachers 'Meerut Teachers'

LEGISLATIVE

By membersr Krishna L.<v.'Krishna L,<-v=By membersBy m-.rr.bersBy members

. Retired

COUNCILS

Regno

DeathRegn.Regn.Regn.Death, -

5 .

111 5 .

177 .14

8

5.82

.8.8210,82,4.821.83.2.83.8.83

Bv members

By membersBy membersBy members

Death

Regn.Regn.Regn.

12.10.83

6.6,837.6.8311.6.83

Electoral rollswith reference to1.11.83 as thequalifying date areunder revision.

^ econstitution oflocal bodies awaited.Further the State Govt,have also informed theCommission that actionis being initiated.toabolish the ndhraPraWesh LegislativeCouncil.

4. Maharashtra 1 ciio r a v - IT, x i J ., Death 11.10.83 -Position regarding theConstitution of localbodies is beingascertained.

Contd...

- 87 -

._ _ » ... 7

2 .

' Prad csh 1

17

34. -bhayapur i^orth35. -^bhayapur South65, Kaiaigaon(16

7 6 .

•Death

Polladj ourns

25,.

27

1 1 .

. 2 .

i i

H

i i

I I

,>

H

i?

i;

i i

83

83

•

—

-

—

Elect ion cc"u;mantled on 3 „ S

Elect ion cjurmanclet! on 15..

3 . Liihar

7 7 .7 8 ,V -1

3-D113.119120

252.174,

7 8 ,

BehaliGohpur •1 -'.arighat

i -, i i i i [Sv]DuliajanTinnkhong••••.iharv.iMa

-.uruaJiP.nk-

Fatehabad

. II

i t

* it

n

II

DeathRegn.

Death

2621

- •• 1 8

11

1 !

t(

11

11

11

II

. 9 .

. 1 1

. 3 .

83. 8 3

82

2 3 .2 3 .

2 3 .

—

1 2 .1 2 .

1 2 .

8383

83

5. iXammu &Kashmir

2

1 48. Doda Declaration of result 16.6.83cancelled and repollordered in 16 pollingstations vide Commission's

o»der Dated 22.6.83.

The Commission's order ,dated 22.6,83 cancellingthe Returning Officersdeclaration of resultand directing re-pollin 16 polling stationswas stayed "by the J & KHigh Court on 29.6.83 inWrit petition No. 291/83. «On appeal by theCommission/, the SupremeCourt vacated the HighCourt's stay orderon 19.7.03„ and 'irectedthe High Cos..'tdispose o.:,>h:. A'; itpetition expeditiously.The High Court'sdecision on the writpetition is still awaited* «

6 .

7 .

Kerala

MadhyaPradesh

2

2

33115

213

. MnnjeriPUiVloor

Seoni

DeathDeath

Deith

2824.

12

• 9.8'S10. 8 <

. 1 2 . -0

53.Dam oh Death

8, Punjab . Pacca Kalan(SC) Death

3.11,--?3

20.5.83

Election petition ispending. The petitionerhas also prayed thathe be declared elected.Hence the bye-electioncannot be held.

•assembly has beensuspended.State isunder President's Rule.

Contd...

- 89 -

_ 4

Death

Regn.Regn.Death

DeathDeathDeathDeathRegn.

5

1.9.83 •

18.8.8318.8.33.

11.11.83

17.2.8214.12.8228. 3 .,8310.5.8319.7.83

9.

10, Tamil Nadu

11. Uttar Pradesh 5

29. Mandwa,

6. Purasawalkam

171. Mayuram

57. Pilibhit191. Siswa199. Fazilnagar335. Madh©garh318. Tindwari

23.12.83

^3.12.83"23.12.8323.12.8323.12.8323.12.83

12. West Bengal -.;9. Kaiiachak Death4. Krishnagar (SC) Death

16.8c8327,9.8^.

23.12.8323.12.83

* * **.

- 90 -

TTCR - V I

ip_n._to. fi 11, two. s. PJ*ts_iS.jfc^ ' l ll . p _ . _ . , i

Saic-ha by ^he' electoral,college of the...Ijjii•'Territory' of Delhi _i_n_jjoyerrbor, 1993»

•'•Two seats in the Rajya Sabha from the

Union Territory of Delhi fell vacant as a result

of the retirement of "two members on two different

dates i .e . on 15.4,1980 and 2.4,1982. On the

recommendation of the Commission, the President

issued two separate notifications on 1.11.1983

to f i l l these seats i .e . the election to f i l l

these two vacancies were treated as two separate

elections.

The Bharatiya Janata Party objected

to this course and pleaded that as both these

vacancies arose out of retirement of members and

the members elected to f i l l the two vacancies would

each have a term of six years, the seats should

be filled at a single election in accordance

with the system of proportional representation

by SD-."sans of the single transferable vote. Since

any decision on the request of the BJP was

likely to affect the interest of I*N.C. which

had also put up candidates as also the other

contesting candidates, the Commission decided to

hear a n the parties concerned before deciding

various legal issues arising out of the request

of the BJP, «ccording3.y, a hearing was held on

14-15 November, 1983 to decide these issues .

- 91 -

hearing the parties, the

Commission decided, on merits/ not to interfere

in the process of elections at that stage and

rejected the petition of the Bharatiya Janata

Party for review. The order of the Commission is

appended.

- 92 -

ELECTION COMMISSION OF INSadan,

Hew Delhi-llOOOl,

Dated 15 November,. 1983.

O R D E, R

Re: Elections to Rajya Sabha by the electoralcollege of the Union Territory of L>elhi inNovember, 1983.

(1) Shri Shanti Bhushari, Senior •'•advocate,(in pe r son) ,

(2) Shri li.K.^idvani, M.P.(3) Shri Prashant Bhushan, 'advocate(4-) Srnt. Shakuntala -^rya, Candidate(5) Shri Surendra Pal , Candidate(6) Shri Krishan Lai Shr

(7) Shri P.R.Mridul,Senior advocate(8) Shri H,R.Ehardwaj/ M.P.

Supreme Court.(9) Shri S.C.iiaheshwari, ^

Supreme Court.(1©) Shri P.S.Sharma, * advocate(11) Shri D.S.Charya, -advocate(12) Shri Laxmi Narain, Candidate(13) Shri Shamim - hmed, Candidate

XXIIX

XXXyA.XXXX

For BhartiyaJanata Party

For IndiannationalCongren

The question relates to the election to the

Rajya Sabha to f i l l the two seats in that House from

the Union Territory of Delhi which fell vacant as

a result of the retirement of two members on two

different dates, i .e . 15., 4,1980 and 2.4.1982.

2. On the recommendation of the Election Commission ,

the President issued two separate notifications

under section 12 of the Representation of the People

^<:t, 1951/ to f i l l these seat© and a common

programme has been fixed by the Commission for a l l

- 93 -

stages of the election through two different

notifications issued under section 39 of the

Representation of the People •••-ct, 1951. In

other words, the two vacancies have been treated

as two separate cause of action and accordingly

two elections have been ordered to be held.

3. By a letter dated 7.11.1983, Shri Shanti

Fhushan, Senior *-dvocate of the Supreme Court

and a member of the Bhartiya Janata Party,

contended that both the* vacancies are regular

vacancies which arose on the completion of the

full term of Rajya Sabha members and neither of

them was a casual vacancy to be filled under

section 147 of th? Representation of the People

**ct, 1951. He has enclosed with his letter a

detailed representation dated 7.11.1983 signed by

Shri L.K.-^dvani, General Secretary, Bhartiya Janata

Party, according to Shri Shanti Bhushan, the two

vacancies can only be fillrjd in accordance with

the system of proportional representation by

single transferable vote in which case one of the

two vacancies should normally go to the Bhartiya

Janata Party.

4. Shri Shanti Bhushan saw me on 9.11.1983 and

made detailed oral submissions.

5. since any decision taken on the representation

was likely to affect the interests of the other

party, namely, the Indian National Congress, which

has pat up candidates and also tho contesting

candidates who have filed their nominations on

the premise that the elections have boon ordered

separately under two different notifications

inviting nominations for each of those elections,

in the interests of natural justice, it was

thought proper to hear all the parties concerned

before taking a decision on the various constitutional

and legal issues raised by t hri hanti bhushan

and Shri Ii.K. <*dvani. -accordingly a hearing was

held, after due notice to the parties, on

14 November 1983 which continued on 15 November, 1983.

6. The contentions of ohri tshanti Bhushan,

Senior --dvocate of the Supreme Court who appeared

on behalf of the Bhartiya Janata Party are briefly

as follows : - .

(a) There are two vacancies in the present

case which are regular vacancies and not casual

vacancies. The term of the members to be elected

would be for a full period of six years... Therefore,

section 147 of the Representation of the People

^ct, 1951/ dealing with casual vacancies would

not apply-to the present case. Unless a vacancy

is filled under section 147 of the Representation

of the People **ct 1951 no separate elections would

be legally and constitutionally permissible to fill

the vacancies which existed at the time of issue

of the notification for the election. The basic

.. Contd...

- 95 -

principle both under the Constitution -and the

Representation of the People -x:t, 1951 is that

if the regular vacancies are existing at the time

when the election is held, it should be held

together so that the system of proportional

representation by means of a single transferable

vote can be applied to those elections. There is no

warrant under the Constitution to hold separate

elections to fill these two regular vacancies,

irrespective of the fact that these vacancies arose

on two different dates. Neither the Constitution

nor the Representation of the People ^ct, 1951 makes

any distinction with reference to the date of

vacancies,

(b) Though the system of proportional

representation is also made applicable to the filling

up of a single vacancy in the Rajya Sabha or to the

office of the President, the basic philosophy

underlying the relevant provisions in the Constitution

is that the composition of the legislative assembly

or the electoral college should be reflected in the

choice of the members to be elected to Rajya Sabha

from different States and Union Territories. In

this connection, he referred to the meaning of the

system of proportional representation as given in the

Encyclopaedia Britannica - Vol. VIII - page 242 and

highlighted the application of the system primarily

Contd..

- 96 -

to a multi-member constituency, ^o also argued

that these two vacancies are of identical character

and they constitute multiple vacancies. Thor jforo,

they should he held together so that the scheme

of proportional representation as contemplated in

the Constitution is given full effect both in

letter and spiric.

(c) If the date of vacancies is the guiding

factor for holding the election either separately

or together, a situation irdght be created where

a member or members might resign a few days before

the actual date of retirement leaving no time

for the bye-elections to be held so as to compel

the Election Commission to treat them as separate

vacancies and thereby giving advantage to the

ruling party in a particular State. This would

be contrary to the scheme of proportional

representation as contemplated in the Constitution.

(d) If the holding of election either

separately or together is to depend upon theCommission

discretion of Election/' then the possibility of

exercise of such discretion differently in different

States so as to give undue advantage to a particular

party can not be ruled out altogether. This would

be against the basic philosophy of the proportional

representation and would amount to arbitrary

exercise of the powers vested in the Election

Commission.

- 97 -

(e) In these circ instances, the Election

Commission should order the election to to hold

together. This can be achieved either by the

issue of direction by the Commission under its

plenary powers under article 324 of the Constitution

or by making suitable recommendation to the President

for rescinding the original notifications and issue

of a common notification for the holding of the

election together. The Commissi j>n has got adequate

power both under section 12 of the Representation

of the People **ct 1951 and article 3 24 of the

Constitution read with section 21 of the General

clauses *<:t 1897, for the reason that the President

is bound by the recommendation of the Corrmission in

terms of section 12 of the Representation of the

People '*ct, 1951.

7. Shri P.R.Mridul, Senior **dvocate of the Supreme

Court appearing.on behalf of the Indian National

Congress made the following submissions : -

(a) Two separate notifications have been

issued by the President under section 12 of the

Representation of the People <>ct,' 1951 on the

recommendation of the Election Commission treating

both the vacancies as separate.

(b) The Commission should not, at this stage,

interfere with the process of elections which are

already in progress. The principle underlying the

- 98 -

prohibition contained in article 3 29 and given

judicial recognition by the Supreme Court in various

decisions should apply to this case also. The

parties may be left to agitate the matter at the

appropriate forum after the elections arc completed.

On merits, it should be noted that there is nothing

like application of equity to the l?.w of elections.

The Supremo Court has held in a number of cases

that an election contest is only a statutory

right and the authorities are bound by the pro-

visions of th<. statute. There is nothing likj

the spirit of the Constitution. One should go

only by the legal document itself. In this case,

the two separate notifications have been issued

by the President. Ecich of these notifications

recites that the "President is pl^as .d to . call

upon the members of the electoral college of the

Union Territory of Delhi to elect in accrdance

with the provisions of the said \ct, rul«_s and

orders made thereunder, a member to fill the seat

of a member of the Council of States who retired on

15 April 198O/2 April 1982 on the expiration of the

term of office". The two vacancies arose on

different dates. Section 12 also contemplates

that the President may, by one or more notifications ,

call upon the members of the electoral college to/of office,

elect members retiring on the- expiration of the term/

- 99 -

The system of proportional ropr -seent^tion

relates only to the methodology of election.

(c) By virtue of the vacancies arising

on two different dates namely, one in 1980 and

another in 1982,-the electors had acquired vested

rights to elect a person to fill a seat in 1980 and

another in 1982. This leads to two causes of .action.

What is intended by the President's notification

is to put into action methodology to be adopted

for two separate causes of action.

(d) The system of proportional representation

is not applicable only to plurality of seats. It

is equally applicable to a single seat, allotted

to different States and Union Territories. There •

are a number of States which have only .me

representative in the Rajya Sabha. In fact, the

election to the office of the President is also

held in accordance with the system of proportional

representation by a single transferable vote though

the incumbent to the post is one. In the case of

election to the office of President hold in 1969,

the scheme of proportional representation worked

effectively by the elimination of a number of

candidates whose votes were transferred to the two

candidates who remained in the field. Consequently,

Shri V.v. Giri was elected not on the first

preference votes but on subsequent preferences given

Contd...

- 100 -

in the ballot papers of the candidates who were

eliminated. Therefore, i t ii3 not correct to say-

that the scheme of proportional representation

cannot be effectively applied where £ single

seat is t "> be filled and is applicable only to

multiple seats.

(e) The provisions of article 55 and 80

of the Constitution, and sections 12, 71, 154 and

155 of the Representation of the People <*ct, 1951

v/ill support his contentions. Nothing in these

provisions indicates that the two vacancies in

question should be filled together. Article 80 on

the same analogy of article 55 of the Constitution

refers to the representatives of the btates and

not to any particular shades of opinion or

political parties with reference to the application

of the system of proportional representation.

The main criteria should be as to whether these

two vacancies are of identical character or of a

different character. In this connection, a

reference to the provisions of sections 12 and 14

of the Representation of the People *>ct, 1951 would

bring about a contrast to emphasise the point

relating to the filling up of a seat and holding

of a general election.

Contd...

- 101 -.

On a reading of section 12 of the Representation

of the People. -*ct, 1951,, the three essential

ingredients or elements are - .

; l) .filling up of the seats,•

2) seats of members who have retired and

3) ,retirement, on the expiry of the term oftheir office.

These are indivisible elements.' ! This is clear by

contradistinction contained in section 147 of the

Representation of the People -•»ct/ 1951. The fortuitous

circumstance of non-existence of the electoral

college does not bring about a legal linkage between

the two vacancies which arose on'different dates,

(f) It is also not desirable on the part of the

Commission to re-examine or review the decision

already taken to hold the elections separately or

to make a recommendation to the President to cancel

the two notifications.and replaca them by a single

notification. ^ review should be restricted only

in cases of -

1) Patent lack of jurisdiction;

2) gross abuse of power and

3) legal malafide

The Commission should not, however/ under-take the

review only because there is a scope for honest

difference of opinion on legal issues.

Contd...

~ 102 -

(g) Section 21 of the General Clauses ^

is not strictly applicable for the invocation

of the power of review by the ^lection Commission

as the original notifications under section 12

of the Represent<iyion of the People ^ct, 1951

have been issued by the President and not by the

Election Commission though on the recommendation

of the Election Commission,

8. It must be admitted that this case has

thrown up very interesting constitutional and

legal points for consideration. It is also

relevant to note that there is no precedent of an

identical case to guide me in the matter.

Eefore taking up the merits of the case, it is

necessary to decide the preliminary objections

raised by Shri Mridul that the Commission should

not undertake tho review in this particular case

because of the absence of 3 concepts which he

listed, as seen above, should be disposed of

first. **& pointed out rightly by Shri Shanti

Ehushan, the President has no independent role

to play in the conduct of el .actions to the House

of the Parliament and the State Legislatures. In

other words, the Commission.1 s recommendation

is made binding on the President by virtue of.the

specific provision contained in Section 12 in

the case of biennial elections to the Council of

States,

- 1O3 -

9. The bar under article 3 29 cf the Constitution

is not operative to any action on the part of the

Commission taken in the due discharge of its

duties of superintendence, direction and control

of the conduct of elections.

10. In the pa £ t on the recommendation of the

Commission, notification issued by the President has

been withdrawn or cancelled,, as in the case of

biennial election in Delhi to Rajya babha due in 1980

from Delhi and 1982 from ^ss<±m. In this view, having

regard to the fact that the President is bound by

recommendation of the Commission,- it is open to the

Commission to review its recommendation which will

alone set in motion the process of election though

the formal notification is issued by the President,

In the circumstances, it would be within the legal

competence of the Commission to review its recommenda-

tions to the President in termn of article 324 read wit

section 12 of the Representation of the People ' ct,,

1951 and section 21 of the General Clauses <-'«ct/1897,

even though the three concepts referred to above in

para 7(f) are absent in the present case.

11. The preliminary objection raised by Shri

Mridul is therefore overruled„

12. It would be pertinent to refer to the back-

drop before proceeding to deal with issues, arising

out of the arguments on both sides,

Contd... .

-. 1€>4 -

13. The Rajya Sabha was first constituted on

3rd ^pril/ 1952 on the basis of the seats assigned

to various states as shown in the Fourth Schedule »f

the Constitution. Under section 154(2) of the

Representation -jf the People -"Ct,. 1951, as it stood «

then, the President, after consultation with the

Election Commission made the Order known as Council

of States (Term of Office of Members) Order, 1952,

curtailing the term of office of some of the members

then chosen in order that as nearly as 1/3 of the

members holding seats of each class sh±11 retire in

every second year. This was done by drawing of lots.

That order provided that the term of office of a

member would expire on 2.4.1958; 2.4.1956; 2.4.1954,

according as a member would be placed in the first,

sec~»n^ --r third category. The names of the members

to be placed in each category were determined by

the Election Commission by drawing of lots in public

after public notice on 29th November, 1952. Thus,

by the above process, it w*s ensured that as nearly

as possible, 1/3 of the members of the Council

of States would retire on 2nd day of ^pril, every

second year and would be replaced by new members

elected in their place. The election held every

second ye -r to elect new members to replace the

outgoing members is called 'Biennial Election-1.

Specific provisions existed in the law for the

- 10 5 -

14. More or less, the same procedure has been

followed. Subsequently whenever necessity arose on

account of reorganisation of States and Union

Territories like* Re-Organisation of States in 1956;

Bombay State Re-organisation in 196- and Punjab

State Re-organisation in 1966 etcv Vide sections

24 to 26 of the States Re-Orq nnisation ^ t , 1956

(37 of 1956) ; sections 7 to 9 of the Bombay Reorgani-

sation **ct/ I960 (No.11 of I960) ; sections 9 to 11 of

the Punjab Re-organisation *ct, 1966 (31 of 1966)

etc. In this connection, reference can also be made

to section 12(2) of the Representation of the People

**ct, 1951, as i t stood originally. The references

to these provisions are being made for the purpose

of pointing out that whenever addition of seats or

transfer of seats had taken place due to reorganisationrfsjY.ns were inserted in the law tor not only present

specific/che method of election, but also for the fixir

of the term of the members elected at the election.

In fact, section 12(2) referred to above laid down that

"for tho purpose of filling the seats of the members

retiring on the expiration of their respective term

of office in every second yearin the Council of States,

the President by a notification in tho Gazette of India

calls upon the elected members to elect members in

accordance with the provisions of the **ct and of the

rules and orders mader thereunder". No discretion

is allow^u to any authority in the matter on any

15. There are 3 seats us.jiu^ed to the Union Territory

of Delhi in Rajya Sabha , Thr; elected members of the

Metropolitan Council of Delhi (before the constitution

of the Metropolitan Council, the members of the Delhi

Municipal Corporation) constitute the electoral

college for the election to the Rajya Sabha, The

members elected to the three seats were made to retire

on the previous occasion in 1980, 1982 and 1934 thereby

ensuring the retirement of a member at the end of

every second year. The Metropolitan Council was

dissolved in March 1980 and was re-constituted in

February, 1983. For this reason, two seats were lying

vacant from the two different dates - one from 15.4 ,,80

and the other from 2.4.32,

16. The seats now vacant were originally filled through

two separate biennial elections. The notifications were

issued by the President in 1974 and 1976 under section

12 of the Representation of the People **ct, 1951 calling

upon the electoral college in-the Union Territory of

Delhi to elect a member to fill the seat in the Council

of States retiring on the expiration of his term of

officeo ^fter the completion of each of these elections

held in those years, under section 71 of the **ct,

their names were notified by the Central Government

Which becomes relevant for the purpose of reckoning the

period of 5 year term of a member as contemplated in

section 155 of the Representation of the People

rnntd

- 107 -

, 1951. It is true that the two stats which

are now being filled are not casual vacancies

and the term of members elected would be 6 years.

But the two elections are to be treated as falling

in different categories for the reason that one

vacancy arose ir 1980 and mother in 1982 and the

members were earlier elected in 1974 and 1976

separately. The subsequent events creating the

disability to hold the elections before the

retirement of those members has no effect

whatsoever of changing the original character of the

seats being in two different categories in which

these two seats fell. If each of the two

vacancies had been filled on the due date the

contention of Shri Sh^nti Bhushan would have no

basis as they have been held separately for one

seat on each occasion, Therefore, the supervening

vents which had the effect of deferment of the

conduct of the election and for which no separate

specific provision exists in the law, cannot change

the different character or category of the seats

acquired by them earlier. The position that existed

at the time of occurrence of the vacancy should be

thejguiding factor for holding the election and

not the date on which the election is • ordered.

It in another matter altogether that the term of

6 years is to be assigned to the members to be

Contd,..

- 108 -

elected now by reason of the specific provision

in section 154 (l) of the Representation of the?

Poople -*ct, 1951 because they are not casual

vacancies but vacancies to be filled in terms of

sections 12 and 71 of the Representation of the

People ±<:t, 1951.

17. Prom the above discussions, the following

basic concepts omerqo v/hich should be the guiding

factor in dealing with cases of the present nature: -

(a) If, at the time of initial Constitution

of the House through an election/ the

members elected are placed in different

categories by virtue of the operation

of the specific provision in the law, each

category assumes a different character and

as such should be dealt with separately

unless specific provision to the contrary

is available in the lav;.

(b) if, the earlier biennial elections, are

held separately on two different biennial

election years., the vacancies arising as

a result of the retirement of the member

elected on these biennial elections

should be treated separately.

Contd,..

-109 -

(c) If the retirenent o^ the members elected

at a bie.nn.fal i-j.ecuion takes place on the

same day by. virtue of the operation of

section 155 read .;ith section 71 of

the Representation of the People -*ct, 1951,

then those seats should be filled

together.

(d) Whenever the vacancies are filled

differently departing from the above

concepts,, specific provisions existed in

the statutes themselves;

Co) If the vacancies arc to be combined

together and a single election is to be

held to fill those vacancies, there has

been and should Always be the application

of principle of rotation of seats

assigning different terms of office by

existence of specific provisions, in the

law.

By the application of these concepts, in rny view,

these elections should be held separately.

I8e I am, further/ not inclined to agree with

the learned contention of Shri ohanti Bhushan that

.the basic constitutional scheme of proportional

representation is violated in the present case. The

proportional representation really points to the

method of election. What is really intended by the

Contd...

system is to give the choree., to each elector,.

of as many preferences ris there ^re candidates

in the field so that members of the electoral college

can have free and full choice as against simple

majority system restricting their choice to one of

the contesting candidates. In fact, neither the

Constitution nor the relevant provisions of the

Election Law makes any mention of political party

for purposes of elections to the Rajya Safcha,

19. In my view, the meaning of "the proportional

representation" as quoted from iincyclopaedi-'i Britannica

Volume VIII, page 242,. by the learned counsel, in no

way detracts from the position stated above. The

distribution of seats referred to therein is to. be

taken in the context of elections to Rajya uabha to be

the same as categorisation of .members of the House

after init ial Constitution.

20. The system of proportional representation is

not violated if only one. seat has to be filled. In

fact, the system will work equally effectively even if

one seaj: is to be filled either through biennial

election or bye-election to f i l l a casual vacancy.

In fact, the same system is followed, as pointed out

above, for the election to the office of the President

and Vice-President to elect only one incumbent.

Contd

21. There is also no judicial decision to support the

contention of Shri bhanti r-hush-n- On the other ha

the decision of the Bombay High Court in S.M.Joshi

vs. R.P.Nathoji (1957 -13 SLR 430) seems to support

the above view taken by me, even thom.jh the case

related to the question of holding elections to c

vacancies. The following observations ^re of

interest : -

"The learned District Judge has taken the viewthat if there is cno vvrmcyv then It is notpossible to apply the system of proportionalrepresen-ation.; Ke sec no difficulty. If thereis one vacancy and there are various contestants,there is no reason why the person who gets thelargest number of votes amongst the contestantsshould not be elected, although he may onlyrepresent tho minority of the constituency. Itis possible to use the method of the singletransferable vote even in the case where thereis only one vacancy/ provided there are candidatescontesting the election, and therefore if anyelection had been held in this case and if therehad been various candidates, there was no reasonwhy the election should not have been held bythe system of proportional representation. Butv:he queiCtion seems to ii3 to be acsd?-m£c becausein fact no election was held and no questionarises what was the method by which that electionshould be hold. Of course, It is true that when"there is only a bye-election for one seat/.It is always possible for the majority partyto give all i ts first votes in favour oftheir own candid at-as and to that extent theminorities may >?e prejudiced. But that is aninevitable ^'jnco;;:;:^rit of democracy. Themajority party must have certain advantages andthere is nothing as we have pointed out, in theCon-titution or in the <K:t or in the Rules madeunder the **ct which compels the Election Commissionto wait t i l l there is more than one vacancyand than to hold a bye-election with regard tomere than one seat, so that the rights ofminorities, may be safeguarded* "

22. The above observations support my view that if

the vacancies in Rajya Sabha are of different categories,

- 112 -

those vacancy ehri-uld be filled s-p-rately like a casual

vacancy and there is no compulsion/ legal or otherwise,

to hold them together to avoid certain assumption of

disadvantages to minority elements in the electoral

college.

23. One interesting legal issue urged by Shri Shanti

Bhushan requires serious consideration. He posed

the question as to what the effect would be, of

filling up of the two vacancies now by election of two

members who would retire together on the s rne time

in 1989. It , no doubt, admits of different views.

Incidentally, i t would bring about the disturbance

in the cycle of retirement as contemplated in

article 83 (l) of the Constitution which says that as

nearly as possible , 1/3rd of the members of the Council

of States shall retire on the expiration of every second

year. Section 154 of the Representation of the People

•' ct, 1951 which lays down a term, of 6 years in cases

of the present nature would be in direct conflict with

the Constitutional provision as contained under

article 83 (l) of the Constitution."

24. In fact, the cycle of retirement zt the end of

every second year is already broken not only in reiatior

to the seats in the Council of States assigned to the

various States and Union Territories but also seats

in the legislative councils in the six States which

Contd.....

- 113 -

have such n legislative council. Thv.- Commission

is already alive to this situation ?*nd has in fact

urged, on different occasions on the Central Government/

that tho law should be amended in such a manner that if

the elections are not held on the duo date by virtue

of non existence of the electoral college or otherwise,

the member to be elected later should serve only for

the remainder of the 6 years period and not for the full

period of six years as now allowed under the law.

The Commission wo aid, therefore/ take this opportunity

to reiterate that to avoid the anomalous situation

pointed out by Shri bhanti Ehushan of more th^n 1/3rd

members retiring on the same day, legislative measures

should be forthwith taken to set it right by minor

amendments of sections 154 and 155 of the -*ct. In any

case, such a legislation is called for, in the case of

two seats now being filled in the ease of the Union

Territory of Delhi as otherwise, the anomalous situation

might be prepetuated even beyond 1989 in contravention of

the provisions of the Constitution.

25. In the view I h<'vs taken on the merits of the

present case, there is no need for interference by the

Commission at this staqe in the condu©t of elections

to Rajya nabha from the Union Territory of Delhi which

is already in progress and it shall proceed as

stipulated under the notification.

Contd....

- 114 -

26. Consequently, the- request for the review in de

by the Bharatiya. Janata party, the petitioners is not

accepted.

27. Before leaving this matter, I should like to

express my gratitude to the learned Counsels on

both sides, who have, by their lucid exposition of

the constitutional and legal provisions, helped

me irj arriving at my conclusions on the intricate

issues involved in the present cv'se.

' - • S d / -( R .K. TRIVEDI)

Hew D e l h i / C H I J J P ELECTION COMMIT IONKR OF1 5 t h November, 1 9 8 3 . INDIL*

- 115 -

CHAPTER -

BIENNIAL ELECTIONS TO THT. COyHCIL_OFSTATES -: DELHI., •'. . . .. •

There were two vacancies in the Council of States

from the. Union Territory of Delhi. These vacancies

qccurred.due to the retirement of two members on

different dates on the completion of their term i,e.

on 15.4.1980 and.2.4.1982 respectively. The vacancies

could not be filled earlier as the Delhi Metropolitan

Council, .whose members formed the electoral college for

the election to the Council of States,, was dissolved

on 21.3,1980 and v*as duly constituted again only

on 8.2.1983.

After the Constitution of the Delhi Metropolitan

Council, the Election Commission decided to fill these

two seats* , Accordingly the President of India, on the

:recommendation of the Commission, by two separate

notifications published on 1,11.1983 called upon the

members .of the electoral college for the Union Territory

of Delhi to elect a member each to fill these two

vacancies. The Commission fixed the following

programme for these elections :-

(l)Last date for making nominations 0,11,1983(Tuesday)

(2)Date for the scrutiny of 9,11*1983nominations (Wednesday)

(3)Last date for the withdrawal 11,11,1983of candidatures (Friday)

(4)Date of poll 18.11.1983(Friday)

(5)Date before which election 21.11.1983were to be completed. (Monday)

- 116 -

The hours fixed for the ,,oll wera from

10.00 a.m. to 2.00 p.m.

Since these vacancies occurred on different

dated, they were treated as two separate elections.

This decision of the Commission was challenged by the

Bhartiya Janta Farty which demanded that the decision

te reviewed and the election be treated as one election,

However, the representation of the Bhartiya Janta Farty

for review of the decision, was rejected by the

Commission vide its order dated 15,11.1933. The

proceedings of the Commission have been published

separately in chapter vr ir* this issue.two

There were/candidates in the field for each

seat. The elections .were held as scheduled and

S/Shri Shatnim Ahmed and Laxmi Narain were declared

elected on 18,11.1983 in the first count to fill the

vacancies*

The detailed results of these elections are given

in the following pages i-

Contd

- 117 -

Return of Blaction

Election to the Council o£ States fromDelhi to fill the vacam-y caused due tcretirement of one member on 15.4.1980.

No. of valid votes : 55

No. of members to be e lec ted: 1

Quota 55 „„ . , s 28552 27+1

Name of thecandidate

Sh.ShamimAhmed

Sh.Surinder PalRatawal

Non-transferablepaper

Loss due tofractions

TOTAL:

i

First {Second 'count Jcount,Votes JTra- |Re-;polled Jnsfer[suitby each «candi-j •date | J

33

22

1

56

/

4..

I

Name of electedcandidate

Elected

• • • - . - • - . — — • • • , — • „ , - . . • • — • • —

- 118 -

Return of Election

Election t o the Council of States fromDelhi to f i l l the vacancy caused due t oretirement of one member on 2.4.1982

No. of valid votes : 55

No. of members t o be elected : 1

Quota = j>5 » 27+1 : 282

Name of thecandidate

Sh. La x mi Na r a in

Smt.Shakuntla

Non-transferablepaper

Loss due t ofraction

TOTAL:

Firstcount

Votespolled by-each can-didate

33

22

1

56

Second, count

Tran-sfer

/

' /

J

•Result

/

1

Name of theelected candidate

Elected

- 119 -

CHAPTER - VIII

Bye-elections

(.£•*) House of the People

rt vacancy occurred in the House of the

People on 9th July, 1983 by reason of the

resignation of Shri Vasantr^o Patil , a member

elected to that House from 46-Sangli parliamentary

constituency in the State of Maharashtra.

The Commission fixed the following programme to

hold the bye-election to f i l l the vacancy : -

(1) Date of the Commission's 13.10.1983notification (Thursday)

(2) last date for making 20.10.198*3nominations (Thursday)

(3) Date for the scrutiny of 21.10.1983nominations (Friday)

(4) Last date for the withdrawal)24.10.1983of candidatures (Monday)

(5) Date of Poll. 13.11.1983(Sunday)

(6) Date before which election 17,11.1983was to be completed. (Thursday)

(7) Hours of poll 8.00 A.M. to4.00 P.M.

Contd....

- 120 -

Out of six candidates who haci filed

their nominations validly, four candidates

withdrew from the contest leaving only two

contesting candidates in the field.

The election w s held as scheduled and

Smt. Shalinitai vasantrao Patil of the

Indian Nation Congress was declared elected

on 15th November/ 1983.

The details of election are given at the

next page : -

- 121 -

Detailed Result

Name of the State

No. and name of theConstituency.

Total electorate

Valid votes polled

Votes rejected

: Maharashtra

: 46-Sangli parliamentaryconstituency.

:' 6,59,619

: 3,88.. 881 "

: 8/406

Name of the Candidate Party Votes Polled

Patil Shalinitai Vasant Rao INC 2., 12, 343 (E)

Patil Vishwasrao JNP 1,76,538

- 122 -

(B). Legislative assemblies.

During the month under review, four

bye-elections - two from the State of ^ndhra

Pradesh and one each from the States of Maharashtra

and Tripura were held. Details of vacancies which

were filled by these bye-elections «re given

below: -

Name of the Constituency Date of_ — _ _ _ _ _ _ _ . » . , _ _ . _ _ _va,ca.ncyi

cause of

fyidhra Pradesh

113. Martur

249. Peddapaiii

Maharashtra

265. Patan

7.5.1983 Resignation ofShri GothipatiHanumanth Rao.

27.7.1983 Resignation ofShri GonePrakash Rao,

23.4.1983 Death of Shri

ShripatroDesai.

Tripura

1 8 . 7.4.1983 Death of ShriSaha

The Commission fixed the following

common programme in respect of three bye-elections

^from the State of andhra Pradesh ^ and Maharashtra

(1) Date of notification by 13.10,1983the Commissions. (Thursday)

(2) Last date for makingnominations.

20.10.1983(Thursday)

(3) Date for the scrutiny of 21.10.1983nominations (Friday)

- 123 -

(4) las t date for withdrawal 24.10.1983of candidatures (Monday)

(5) Date of polls 13.11.1983(Sunday)

*(6) Date before which 15.11.1983

electionswere to be (Tuesday)completed.

(*This date in case of 265.Patan assemblyconstituency in Maharashtra was extendedupto 17.11.1983.)

In case of 18. Charilam assembly constituency

in Tripura, the fallowing programme was fixed by

the ...Commission: -

(1) Date of notification 5.1O.1983by the Commission. (Wednesday)

(2) Last date for making 12.10.1983nominations (Wednesday)

(3) Date for scrutiny of 18.10.1983of nominations ( Tuesday)

(4) Last date for withdrawal 20.10.1983of candidatures (Thursday)

(5) Date of poll 13.11.1983(Sunday)

(6) Date before which the 15.11.1983election was to be (Tuesday)completed.

Clause (b) of section 30 of the

Representation of the People <^ct, 1951, prescribes

that the date for scrutiny of nominations shall be

the day immediately following the i a s t date

for making nominations or / i f that day i s a public

holiday, the next succeeding day which is not

a public holiday. In th is case there was a gap

of six days between the last date for making

nominations and date for the scrutiny of nominationsContd...

- 124 -

as 13th October 1983 to 17th October, 1983

were public holidays in Tripura.

The hours during which a l l these four

bye-elections were to be taken were fixed from

8.00 a.m. to 4.00 p.m.

The number of validly nominated candidates,

wirhdrawals and the number of contesting candidates

at these bye-elections were as mentioned below: -

Name of the Number of candidatesConstituency. Validly Withdrawal Contesting

nominated

Pradesh

113. Martur 23 11 12

249.Peddapalii 22 12 10

Maharashtra

265. Patan 9 7 2Tripura18-Charilam 4 - 2 2

The bye-e lec t ions were held as schudled

and the following candidates were declared elected

to f i l l these vacancies : -

Name of the ~~ ~N®BSS ""of "the ~ ' Partyi candidate affiliation

Pradesh

113. Martur Shri Venkateswar TeluguDaggubati. Desam

249. Peddapani Shri Geetta Mukunda INCReddy

Maharashtra

265. Patan Shri Patankar Vikramsinh INDRanjitsinh

Tripura

18-Charilani s h r i Mati Lai Saha

- 125 -

Use of Electronic Voting Machines

In a meeting convened by the 'Chief

Electoral Officer/ Tripura the representatives

of INC urged that the voting in the bye-election

from 18-Charilam assembly constituency be

held by the Electronic Voting Machines and

•not by conventional method of voting by

ballot papers, The other political parties

like CPM and RSPI assured that they would

abide by any system of voting ordered by

the Commission. It was heartening for the

Commission to note that the EVMs have been so

well received by the political parties. In

keeping with the request of the political, parties,

the Commission used Electronic Voting Machines

at the bye-election.

The numbers of polling stations in the

Chariiam assembly constituency was 23. By

combining some polling stations the requirement

of Electronic Voting Machines was brought down

to 18. However the Commission allotted 30

Electronic Voting Machines for the bye-election/

some of which were kept in reserve.

Detailed results of the bye-elections are

given in the statements annexed.

126 -

DETAILED RESULT

State

No. & Name of theconstituency.

Total Electorate

Valid votes polled

Votes rejected

: 1 1 3 .

: 1/1!,

: 98,

: 1/

Name of the candidate

Venkateswararao Daggubati

Chowdaraiah Sadineni

Kamma Subbarao

Kondrugunta Rangaiah

M.M.Jahangir <vLi

Nailapaneni Vinod Babu

Popuri Rangarao

Shaik Baba Vaii

Dodda Ravindra Babu

Uppalapati Venkateswararao

Didugu Venkata DamodaraNageswararao

. Popuri *«dinarayana Rao

a Pradesh

Kirtur assemblyconstituency.

951

686

664

PartX Votes

Telugu 49,Desam

INC 44,

11© 2,

IND

IND

IND

IND

IND

IND

IND

IND

IND

Polled

399 (S)

8 4 7

373

4 2 6

292

279

257

256

172

165

114

106

- 127 -

State

No. & name of theConstituency.

Total Electorate

Valid votes polled

Votes rejected

Pradesh

249,Peddapaili assemblyconstituency,

1/07,414

58,380

1,521

Name of the candidate Party Votes Pilled

Geetla Mukunda Reddy

Vemula Rapnanaiah

Chennamaneni Rajeshwara Rao

^•nantha Reddy Nandikonda

Eleti Raja Prabnakar Reddy

^irabati Una Maheshv/ar Rao

C.H,Bikshapathi Goud

Venkata Raju Poranki

Gummadi Raja t-ng.u

Dr. Swamy T.S.Deve

INC

Telugu Desam

CPI

IND

IND

IND

IND

IND

IND

IND

23,

19/

9,

1,

175 (E)

921

999

999

83 6

738

«3 5

662

323

152

- 128 -

State

No. & name ofc onst i t uency.

Total Electorate

valid votes polled

Votes rejected

265. Pat^n assemblyconstituency.

1,13,547

75,972

2,348

Name of the candidates Party Votes Polled

Patankar Vikramsinh Ranjitsinh IND 43, 603(E)

Desay Shivaji Daulatrao INC 3 2,3 64

- 129 -

State

No. & name of theConstituency.

Total electorate

Valid votes polled

Vctes rejected

: Tripura

: 18. Charilam assemblyconstituency.

: 20,123

: 16,367

: Nil.

Name of the candidate Party Votes polled

Mati Lai Saha INC 9,126(13)

Brajagopal Bhaumik CPM 7,241

* * **

- 130 -

CHAPTER -IX

Press reports on foreign elect ions , po l i t i ca lsystems of other couvcries and ether matters

.of i n t e re s t .

During the month under review/ news-itams/

a r t i c l e s regarding Presidential elect ions in

Argentina, U.S.A., Bangladesh & Salvador; elect ions

in Philippines, Japan,'Turkey & Taivan; new

const i tut ion for south Africa; provisional government

in Grenada; electoral system in tfest Germany;

Supreme Court's decision disqualiX/i&g government

teachers to become members of Legislative Assembly

e t c , appeared in a section of the press .

The relevant p ress - repor t s /a r t i c les are

reproduced in full in the following pages:-

Name of the ' Date Topicpaper ,

Hindustan Times 1.11.83 Presidential elect iontfev Bulhi '• in Argentina.

Statesman 3.11.83 Elections to be heldDelhi in Philippines in

May next.

Patriot 3 ; 11^83 Prospects of poll inNew Delhi Japan in Dec, '83.

Indian Express 3.11.83 Regarding PresidentialNew Delhi Election in Zambia.

Indian Express 3.11.83 Voting on the new SouthNew Delhi African Constitution.

Hindustan Times 4,, 11.83 Regarding ElectionsNew Etelhi in Turkey.

Contd...

131 -

Indian ExpressNew Delhi

Assam TribunalGauhati

Hindustan TimesNew Delhi

Indian ExpressNew Delhi

StatesmanDelhi

4.11.83 Regarding new 1SouthAfrican Constitution

6.11.83 Black loader ShriJackson to contentU.S.Presidential election,

8.11.83 Victory of MotherlandParty in election inTurkey

8.11.83 Elections in Japan tobe held in December

8.11.83 Provisional Govt. inGrenada

Amrit Bazar Patrika 9.11.83Calcutta

Hindustan TimesNew Delhi

PatriotNow Delhi

Hindustan TimesNew Delhi

HinduMadras

10.1.1.83

11.11.83

13.11.83

14.11.83

Amrit Bazar Patrika 15.11.83Calcutta

Hindustan TimesNew Delhi

StatesmanDelhi

Hindustan TimesNew Delhi

Victory of Motherlandpsrty in Turkey

Provisional Governmentin Grenada

Election of first everwoman as Lord Mayorin London.

Possibility of electionsin Japan in December *83.

Relevance of ElectoralSystem of West Germanyin the Indian context.

Bangladesh Presidentialpoll on May 24, 1984.

15.11.83 Bangladesh Presidentialpoll on May 24, 1984.

15.11.83 Victory of MotherlandParty in Turkey

22.11.83 Blectipne in Veneguala

Contd....

132 -

Hindustan TimesNew Delhi

StatesmanDelhi

Times of IndiaNew Delhi

2 5,11.83 Government teachersp.re- • disqualified toc onte st As semblyelectlens - SupremeCourt's decision.

25.11.83 Presidential electionin Salvador

26.11.83 Regarding elections inTaivjan on December. ?• a

Times of IndiaNew Delhi

New Delhi

28.. 11.83

29.11.83

Presidential electionin Salved or in Iviarchnext.

Regard ing elect;',orin Japan in December, 83,

StatesmanDal hi

3o, 11.83 Regarding comingPresidential electionin Bangladesh.

- 133 -

The Radical Civic Union Party captured

55 per cent of the vote in the first Presidential

elections in a decade on Sunday, ending the

Peronist Party's 38 year domination of argentine

politics.

With 50 per cent of the vote counted at

2.36 a,m, on Monday, the Radical Party tallied

4,139,289 votes, or 55 per cent of the vote.

The Peronist Party of the late President Juan

Peron had 2,839,160 votes, or 37 per cent of the

vote.

Declaring his party would "fight for human

dignity", Mr. Raul -»lfonsin, the charismatic

56 year old lawyer and Radical Party presidential

candidate, met thousands of supporters at party

headquarters early today as the votes poured in.

*»s the official results were being announced,

some 2,000 Radical Party supporters holding an

early victory celebration at the Plaza of the

Republic in downtown Cuonos --ires, clashed with

Peronist Partv supporters« One person suffered

facial injuries.

'*FP adds: Later, at 0620 GMP, Mr. Raul -lfonsin

claimed victory for his party in a speech from party

headquarters which w^s broadcast nation- wide by

radio and television channels.• • •

Hindustan Times,New Delhi,

_ 134 -

PHILIPPINES POLL On SCHEDULE

President Ferdinand Marcos has said that

elections for the Philippines National ^ssernbly

would be held as scheduled on May 14 next year,

the Presidential Palace announced yesterday,

reports Reuter.

President Marcos was quoted as saying that

efforts had begun to introduce changes in

election laws to strengthen guarantees of free

honest and democratic elections.

The President said he had no plan to

change the date of the elections, or postpone them,

The palace said his statements were

"intended to remove doubts and controversxes"

about the holding and the conduct of next year's

elections.

It did not give the circumstances of his

remarks but he has been meeting officials of the

ruling New Society Movement (KBL) at the Palace.

Statesman,Delhi,

3.11.83*

- 135 -

JVvP'iH M^Y GO TO POLLS IN DECL"I--;B£R

Prime Minister Yasuhiro Sakasone has

decided to dissolve the House of Representative

before the end of the year/ informed sourcs said

today.

The sources said that the general election

would be conducted on Sunday/ 18 December or the

following Sunday.

They noted that the dissolution would

end the stalemate in the political situation in

japan following the conviction of former Prime -

Minister ^akuel Tanaka in the Lockheed pay-off

scandal.

Tanaka was sentenced to four years'

imprisonment and a fine of 500 million yen

(two million dollars) on 12 October. He has

appealed against the verdict and is out on bail.

Since then, leading opposition parties have

been boycotting the Diet, demanding Tanaka's

resignation from the Diet.

' " - "IViN KA APOLOGISES

Meanwhile, Mr. Tanaka (65) has apologised

to the Japanese public for'causing trouble for a

long period1.

Contd. . .

- 136 -

^ statement by Tanaka on Monday said

"I would like to express my deep apology to the

people for causing trouble for more than six

ye^rs and half." tie also apologised to members

and supporters of the ruling Liberal

Democratic Party for their concern.

The statement, however'/ did not give

any indication about Tanaka giving up his

parliamentary seat, as demanded by opposition

parties.

Patriot,New Delhi,3.11.83.

- 137 -

POLL

VJhoh a country :s poli ty is run on a

one-party basis and there is only one presidential

candidate, elections can hardly be termed democratic

in the real sense of the word. However/ one-party

rule has been the overwhelming trend in most

of Africa -ind Zambia has been no exception. In the

recent pol l , President Kenneth,Kaunda was re-elected/

with 93 per cent of those casting the i r votes giving

him the green signal for another term, Imder the

one-party system introduced by Mr. Kaunda himself

11 years ago he was the only presidential candidate.

Hence his victory was a foregone conclusion. Yet,

the massive mandate he has received t e s t i f i e s to his

continuing popularity and the v i r tua l ly unchallenged

hold he has over his six-million strong nation. This

wil l be Mr, Kaunda's fifth term as President/ making

him one of Africa's longest serving leaders.

However, retaining po l i t i ca l power is one

thing/ getting the country moving ahead economically

something else, Before neighbouring Zimbabwe gained

i t s independence three years ago, the Zambian

government had at least the excuse of i t s involvement

in the Zimbabwean war of independence for i t s poor

economic performance. Last year 's widespread

drought over much of southern Africa, too, badly

affected Zimbabwe, especially in the production of

Contd,..

- 138 -

maize, i t s staple crop, Kut this only partly

explains the nation's deteriorating economy.

Misguided "socialistic" policies, emphasising

public sector ownership and industry have been

the main cause for the decline. Indeed, two

years ago, matters came to such a sorry pass that,

under Western pressure, the zambian government was

placed in the mortifying position of having to

offer the nation's leading commercial farmers - who

are mainly white - incentive prices to

grow more food.

The irony of the situation is that, like

quite a few other African countries, Zambia is

potentiallv quite, rich, with large reserves of

minerals like copper and cobalt. Yet, with the

prices of these minerals subject to notoriously

wide fluctuations in the international market,

agriculture s t i l l holds the main key to Zambia's

prosperity. Zambia is fortunate in having large

fertile agricultural tracts but its government,

like' so many other African governments, has been

strangely obsessed with the idea of promoting

state controlled large-scale industry and manufacture

for which i t does not yet have the necessary-

managerial and technical know-how, at the cost of

neglecting agriculture and the small-scale sector.

- 139 -

VOTING B5GINS ON S .. *>FRIC^N CONSTITUTION

Whites began voting on Wednesday morning

on a new Constitution for South Africa.

The anti-aparthoid Progressive Federal

Party has rejected the constitution because the

black majority is excluded.

The plan will create separate chambers

of Parliament for the "siari and coloured

(mixed race) minorities.

More than 2.7 million voters are eligible

to cast ballots in the referendum, with the usual

registration process dropped to allow anyone with

proof of citizenship to vote at any polling booth.

Booths were set up inwar-torn Namibia for South

African troops fighting guerrillas there.

If approved, the plan will be implemented

next year with the creation oC a three-chamber

Parliament for representatives of the five million

whites, 2.7 million people of mixed race and 800,000

peopleof Asian ancestry. Since whites will

outnumber the other groups they will retain

ultimate control.

Blacks will not be represented and will

remain citizens of rural, tribal homelands, although

the government has reacted to vehelent black and

white opposition to the plan by saying i t will not

limit black advancement later.• o -

Indian Express,Liew Delhi,3.11.83.

- 140 -

ELECTIONS IN TURKEY

"we get a lot of letters from ordinary

citizens asking us not to return to the democratic

system", said General Kenan Svren last month, in

a television speech marking the third anniversary

of Turkey's most recent military coup. He also

assured the 45 million Turks that they had "the

mildest military regime in the world". Nevertheless,

said Evren, the general election on November 6

would mean a full return to the parliamentary

democratic system.

That is poppycock. Only three of the 14

parties founded last May, when the ban on political

activity was finally lifted, have been allowed to

run in the election. All bf their candidates have

been vetted, and several' hundred vetoed. General

Evron has already been installed as president for

seven years by the same referendum that approved the

new constitution last November.

But the real question for most Turks is?

how much democracy can Turkey stand? Many, looking

back at the wasted and chaotic decade of the 70's,

are not convinced that it could survive much more

than the armed forces are currently offering.

Contd,...

- 141 -

That was why such a crushing majority of

Turks voted for the constitution and for Evren

as president last year - and though the 91 per cant

'yes1 vote benefited from some official manipulation

certainly most Turkish voters really were in

favour. In exchange for domestic peace, security

and a' glimpse of returning prosperity, they seem

quite content to give up some of their individual

political rights*

This kind of analysis fills soros Turks with

bitterness. "We hear every evening something on the

world news about Poland," said one. "But when Dr

Oomirel who was prime minister six times from 1965,

vei kes a statement (against the military regime),

it gets ignored by the Western press."

And it's true: there? is a double standard

in the western press. Union activity is now even more

closely hemmed in by the law in Turkey than in Poland,

but you hear much less about it. There are far fewer

people in jail for political offences in Poland and

no allegations of tortura there, but what has been

happening in Turkey arouses far less indignation in

the West. Yet Turkey was a real democracy until

1980,

Turkey is now a place where the political

parties must have army licences, and where the

Contd....

paranoia is so acute th •.-t bc-rd.s a.nd moustaches have

been banned in universities '-. no govcrmnant offices as

symbols of political redicalisrnc

But this sort of sirriplistic silliness does

not discredit the military regime in the eyes of

those who remember the last years of civilian rule; a

foul-tempered stalemate is parliara-^tit, a paralysed

government, headlong economic decline, and an open

war between rival teenage terrorists of the extrene

right and left that fas killing 30 people a day

by 1980,

So the army's intervention was welcomed then,

and even now a great many peuple are glad that the

military have assumed responsibility for Turkey's

government. Inflation is down from 16o per cent to

around 30 per cent, the growth rate has recovered

from minus figures to a respectable 4.3 per cent,

and the balance of payments problem has eased enough

that there are once again imported goods in the shops*

Most important of all , the terrorism has been

stopped.

And now there are even going to be parlis.iEcnt.ar5;

elections again, though they offer no real alternative

on the leftward half of the political spectrum. A

former bureaucrat called Necdot Calp has founded

what he claims is a Centre-left party, tha Populist

Contd,..

143 -

Party, but few of Turkey's former social-^-democratic

voters seem persuaded that i t is anything of the sort .

The two parties that count are both centre-right.

The army-backed candidate is clearly the Nationalist

Democratic Party (NOP), led by a 66-yoar*jolc former

general, Turgul Sunalp. The present military governments

prime minister Admiral Bulent ilusu, and a number of Hds

cabinet ministers are running for election on the

NDP ticket, and may not even have to clear out their

desks before resuming office in the new civilian

government.

The NDP is facing an unexpccedly strong challenge

from the Motherland Party, an equally conservative

grouping led by Mr Turgut Ozal, who was deputy prime

minister in charge of economic affairs until he was

ousted from the military government two years ago.

However, his party offers an alternative without a

difference.

"The votes will be divided among the people

chosen by the generals," said 16 of the country's

leading former politicians of left and right recently,

in a le t te r smuggled out of their internment camp near

the Dardanelles. They are essentially correct, but

most Turks seem resigned to i t .

Hindustan Tine s sNew Delhi,4.11.1983

- 144 -

HEW CONSTITUTION

White South Africans have voted by an

overwhelming two-to-one majority to approve a

controversial new constitution giving some

non-whites a share of power for the first time.

The final tal ly from Wednesday's

referendum showed 1.36 million voting in

favour of a new Constitution with 691/577

opposed, -'bout 76 per cent of the 2.7 million

eligible white voters cast votes.

The result was a stunning political

victory for Prime Minister P.W. Botha, who had

told white South Africans that i t was imperative

to accept some type of reform.

The new constutution will give Indians

and Coloureds (people of mixed race) a limited

role in government. But the country's majority

black community will remain excluded from power.

The vote showed that Botha's National

Party had crushed both left and right-wing

white opponents to his restricted reform plan.

Indian ExpressNew Delhi,4,11,83.

- 145 -

CKoON TO

The black vote is expected to count more

than at any time in Ub history with the

announcement of his candidacy by black leader

Rev Jesse Jackson reports PTI,

' ' He is not expected to win the Democratic

nomination but his election campaign is expected

to lead to more black voter resistration which

could make a vital difference if he eventually

steps aside-as he is expected to do and throw

his support behind another contender.

The immediate threat is to Mr. V.Walter

Mondale currently the front runner in the Democratic

Party. Mr. Jackson may take a-way the bulk of the

Mack vote in the primary particularly in the

South ( candidates for the party are chosen in the

primary),

It Mr Mondale wins all the same and secures

Mr Jackson's wholehearted support President Reagan

could be in trouble in the election.

Mr. Jackson is a charismatic silver-tongued

orator-CBS described him as the best speaker in

the United States today. He does not have much

money for his campaign but no one else among the

many contenders for the highest office in the US

has his mastery over the English language.

Contd...

- 146 -

Some samples : Jackson to teenagers have

a train in your head not dope in your vein.

On the arms race: I am for the human

race not for the nuclear race.

On President Reagan* s support for the

apartheid regime in South Africa we can not

stand for moiority rale in the United States

and minority rule in South •"•frica.

He calls his effort to get whites,blacks

Spanis,Chinese,Japanese and Indians under his

banner the rainbow coalition(the rainbow has

all colours).

'This is not a black campaign he said

when announcing his candidacy on Thursday it is

a campaign through the eyes of the hurt and

the rejected and the despised ihose left

naked before the lord in the intertime'.

• • •

Tribune,auhcitl,6.11.83.

- 147 -

IsiD P-*RTY WlbiS TURKEY POLL

Mr. Turqut Ozal's e-rut re-right Fiotherl-nd

P'rty won Turkey's Parliamentary election as voters

rejected the rulin'g military's choice, According to

returns announced by the State Radio and Television

tod^y.

'With 85 per cent of the vote counted/ Mr.

Ozal's p3rtv had 7,083,119 votes, or 44.8 per cent

the moderate leftist Populist P^rty of Necdet Calp

4,825,359 votas or 30.5 percent while the military

backed Nationalist democracy Party led by retired

Gen. Turqut Sun^lp -trailed in third place with

3/712,058 votes or 23.5 per cent.

according to Turkish nex sp- per projections,

the vote will result in a majority for Mr,, Ozal's

p^rty of more than 21 0 se^ts in the 400 member

Parliament.

Hindustan Times,New Delhi8.11.83.

- 148 -

S POLL OK DSC. 18

The Japanese government and the ruling

Liberal .Democratic Party agreed to dissolve the

House of Representatives on Nov. 25 to break

the deadlock that began nearly four weeks ago,

Iuyodo Wews Service reported on Monday.

Quoting LDP sources, Kyodo said government

and LDP officials also decided to hold general

elections on Deo., 18,

The accord came in a meeting between

Prime Minister wakasone and LDP secretary-general

Susumu Nikaido on Saturday night.

LDP officials contacted on Monday would

not confirm the report*

The deadlock in the Diet (Parliament)

followed a court verdict on Oct. 12 that found

former Prime Minister ^akuei Tanaka guility

of accepting bribes in the Lockheed scandal. Mr.

Tanaka has refused to resign his seat in the Diet,

Indian Express/Pew Delhit8.11.83.

- 149 -

SCOON HiY Hlv>D INTERIM GREl-fr-UJ.-• GOVERNMENT

The Governor-Genorol Sir P<-n-ul Scoon is

likely to head a provisional Grenadian Government

he is to announce by Wednesday, reports ^FP.

Mr. ^lister Hc^ntyre, a former General

Secretary of the Caribbean Economic Community/ and

now Deputy Secretary-General of the United Nations

Conference on Trade and Development in Geneva, was

an alternative choice.

Meanwhile, U.S. officials found several bodies

on Sunday in mass graves where Grenadian soldiers

reportedly buried Mr. Maurice Bishop and other killed

in a barrage on military gunfire.

Several steps towards normalization were

taken today as contact with the rest of the world was

reopened via air telex and telephone, says Reuter.

For the first time since the U.S. led invasion

on October 25 Grenada's airport at Pearis was

officially declared open,- and Liat, the small

airline which serves the country, said i t expected

to have commercial fights operating today or tomorrow.

**•' group of 100 Cuban prisoners arrived in

Havana from Grenada on Sunday bringing the total

number repatriated to 517.

" Barbados newspaper said that official accounts

coming to light in Grenada appear to confirm that the

Deputy Prime Minister, Mr. Bernard Coard, planned last

- 150 -

The Daily N-ition reported that scores may-

have died in riots when the military took over

on October 19.

It said documentary evidence and statements

by former leaders of the New Jewel Movement(NJM),

indicated that the coup was the result of efforts

by Mr. Coard and Marxist supporters to strengthen

the revolution by setting i t on a Moscow-oriented

path.

U.S. troops will be withdrawn from Grenada

"as soon as the situation permits and the troops

from other Caribbean countries can take over the

policing role" the U.S, Defence Secretary, Mr.

Caspar Weinberger has said, reports «*FP from

Washington.

"We are not transferring from the military

operation to a civilian operation and we want

to get our troops out just as quickly as we can",

Mr Weinberger said in an interview with the BC

television network yesterday.

Some 500-600 men could remain on the island

to help repair roads and other installations

damaged in the fighting after a U.S. and

Caribbean force invaded the island on October 25,

he added.

Statesman,Delhi,8.11.83.

- 151 -

MAJORITY FOR MOTHER!,-iff) Ii* TURKEY

The leader of Turkey ' s c o n s e r v a t i v e

Motherland Par ty , Mr. Turqat Ozal claimed v i c t o r y

in yesterday's Turkish general elections,

saying his party had own a majority in the

400 seat- one-house Parliament.

Latest results broadcast by the State

radio and television showed the Motherland Party

had won 172 seats of the 330 declared so far,

29 short of an absolute majority.

Lut ail earlier trends- showed the p^rty

would finish with more than 200 seats.

*•.!•. Patrika,Calcutta,

9.11.83.

- 152 -

PROVISION*iL GOVT. FOR

Grenada Governor-General bir Paul Scoon

today announced an eight-member interim

administration to govern the Caribbean island

until elections can be held.

He said priority would be given to

drawing up contingency plans for a security

force that could maintain law and order after

the withdrawal of US troops.

He named Mr. •"•listair Mclntyre, 51/ a

distinguished Grenadian economist who is

currently deputy secret ary-generai of UMCI>J3 to be

the leader of the interim administration.

Hindustan Times,New Delhi,

10.11.83.

- 153 -

LOUD ON ELECTS FIRb? 5VER WOM^N LORD M^YOR

For the first time since the post was created

in 1192/ London has electee1 v woman as Lord Mayor -

a plump, grandmotherly figure who doesn't much like

being compared with Mrs Margaret Thatcher or Queen

Elizabeth I I ,

Dame Mary Donaldson,, 62, will be invested tomorrow

for a one-year reign as Lord Mayor of the city of

London, the male-dominated, financial heartland

of the British capital, which jealously guards i t s

ancient a-nd independent local Government.

World War II nurse, wife of br i t ian 's most

senior civil juges master of the Rolls Sir John

Donaldson - mother, magistrate and grandmother,

Dame Mary in 1966 became the first woman elected

to city Government.

The Queen this week bestowed the t i t l e of

Dame Mary, the equivalent of a Knighthood.

Patriot,Mew Delhi,11.11.83.

- 154 -

ELECTIONS IN J.^P-K LIKELY bCXT MCKTH

Japanese Prime Minister Yasuhiro Nakasone

today said he hoped to dissolve the .louse of

Representatives (Lower- House) this month

and call a general election next month, ruling

Liberal-Democratic Party sources said.

Mr. Nakasone made the remarks in a

telephone conversation with his predecessor

Zenko Suzuki in which he s -id he agreed with

•LDP executives to dissolve the Lower House to

break the current debtor/ from insolvency, says

a ReuLar report from New York,

i;".nf';ur;t-in T i m e s ,i-icv\- i ; ;••:.';. h i ,

l j . 1 1 , 8 3 .

- 155 -

ELECTORAL SYSTEM CHANGES

Hoy; r_e 1 ey ant _the German expar ien ce

IN our gr op ings for ways t o refonn the e l e c t o r a l

system, we " of ten t a l k of the v i r t u e s of t h e West

German model - i t s i n - b u i l t safeguards a g a i n s t t h e

inf luence of money power and o the r problems. May be ,

some ideas could be borrowed from i t and adapted t o

s u i t the p e c u l i a r and highly complex needs of Ind ia

but the tendency to treat i t as the panacea for all

our i l l s needs to be moderated.

What the West German Chancellor, Mr.Kohl, said

in so many words durirg his recent brief stop-over

in Delhi needs to be kept in mind - that his country's

Constitution had not been dropped from heaven but

had evolved out of practical experience, and that i t

has been modified in the light of t r ia l and error.

That should serve to dispel the euphoria about models

from abroad.

State funding

Contrary to the impression prevailing in India,

the State funding of elections in West Germany

has neither rid political parties of financial

worries nor cleansed public l i fe . Despite drawing

huge sums from the national exchequer, party manager

spend more than they have and, in the process, run

into trouble with banks. Quite often, they are

found on the wrong side of the law exposing them-

selves to charges of corruption and other

malpractices^ /

Contd...,

_ 156 -

In an article enh L+:!.'-.-d '•'!",i^vos of the Republic",

a prestigious Hamburg -«e5ti.v, IMe -Z/i'it, deals

exhaustively with the dubious methods employed by

political parties to finance their activit ies. The

State reimburses political parties for expenses in the

elections at the rate of DM 3.5 per voter and although • '. .

this puts huge sums at their disposal, they,, thanks to

rising costs, overheads and top-heavy set-up, have to

tap other resources - legitimate ones li te membership

fee, but not so legitimate like funds from research

foundations and other similar bodies*

These organisations are allowed exemption from

tax on "-"ha •:<"! oa that they are engaged in promoting

projects for political education, but divert their

funds to the coffers of r.oli<-.ical parties through

thinly-concealed subterfuges. In the case of the

Christian Democratic Union, the favourite of business

magnates, the income from these organisations exceeded

the total of the membership fee in 1980, for instance,

.Violation of law.

This is a clear violation of the law of the land

which prohibits, as in India, donations by companies

to political parties. The ban was imposed soma 25 years

ago because the earlier practice was regarded as unhsalth-

enabling the rich to influence the country's political

l i fe . The companies were exempted from tax for

Contd, „ . .

- 157 -

the amounts given to political parties which ire ant

that the money that ought to have gone to the

Government found its way to parties helping business

tycoons to earn rich political dividends at the cost

of the State exchequer.

Last year, the West German President appointed

a committee of five representing trajor political

parties to suggest ways to remedy the present situation.

Among other things, it favoured removal of the ban on

donation?;, by companies and increase in the quantum of

the Government subsidy to political parties for contesti

elections. The proposals have yet to be adopted buti

the controversy on the ethics o£ the current fund-

raising techniques continues to rage.

New financial abuses

What does it all show? The State funding

of elections not only failed to curb the influence of

money power over political life but also gave rise

to new financial abuses, Of the 1/7OO cases involving

allegations of dubious* under-the—counter payment to

political parties that were taken up for investigat ion,

the number of those that led to conviction was in a

single digit. This was the case in an organised

society, with a high degree of political maturity,,

Contd...„

- 158 -

In India, the idea of State funding of

elections was mooted several times in the last six

years. This was pert of the package of electoral

reforms considered by a Cabinet sub-committee during

the Janata'regime. The Lok Dal coalition headed by

Mr, Charan Singh would have implemented the proposal

at the tire of the 1980 Ld>k Sabha election had i t not

been vetoed.by the President, Mr, N.Sanjiva Reddy.

It is also part of the package being considered

by a sub-committee of the present Cabinet,

There is a case for learning from the West

German experience, and against thoughtless initiation

of fancy ideas. Not that there is an imminent danger

of the Government adopting the new model, for thanks

to the dilatcriness of our system there is no chance

of electoral reforms being finalised, much less

implemented in t int for the next Lok Sabha poll. We have

also to learn from our own experience with the open

misuse of the limited facilities provided to contestants

in elections in the past.

List system

Incidentally/ the Indian Constitution recognises

candidates, not political parties which come into the

picture only for the purpose of allotment of symbols.

State subsidy of elections through the agency of partie

Contd.....

- 159 -

may therefore involve conceptual changes - for

which the time is not yet ripe with the Sarkaria

Commi-sion seizod of another/ equally important

constitutional aspect - the Centre's relations

with the States.

Another West German idea that is favoured for

adoption here relates to the l i s t system - a variant

of which was commended by the f ormer Chi f Election

Commissioner, Mr. S.L. Shakder, under the Bonn

arrangeKB nt one-half of the total number of deputies

in the lower bouse of larli^ment, the Bundestag, are

directly elected by si triple majority and ther h.^lf

is filled from the l i s t of candidates of the contesting

parties in each land or "State11*

In the 496-strong Bundestag/ 248 seats are filled

through direct election as in India. The other half of

the House is constituted according to what is called tl:

mathematical system of the "greatest average". The

votes secured by each party in various States are

added and the grand total serves as the basis for

distributing seats for the non-elective half. Then

there is another wholesome provision.- a party has

to get five per cent of the total votes to qualify

for representation in the House. This does not let

political parties proliferate or the polity to be

fragmented.

Contd....

- ISO -

The list system too, we are told, is one of the

proposals being considered by the Cabinet committee.

The soundness of the underlying idea - that elected

bodies be as completely representative of the people

as possible - cannot be questioned. Nor could its

relevance be minimised in the Indian context. Since 1952,

the ruling parties at the Centre had been returned, on an

average, with the support of 44 per cent votes polled.

The share of the popular votes of the winner - be it

the Congress, Janata or the Congress (I) - was much

smaller, A reversal of this trend is ruled out, with the

result that our Parliament and State legislatures would

^/continue to

_/be the products of the minority vote. This, undoubtedly,

is not a very happy prospect. But will the remedy

not create new problems?

In India we have failed to build healthy

conventions in such matters as the composition of

the Rajya Sabha and the upper houses in the States

generally, and the nomination of a small percentage

of their members, particularly. The Constitution

provides for the nomination to the Rajya Sabha cf

12 members having special knowledge or practical

experience in respect of literature, science, art and

social service but there is no dearth of cases ';where

political reward was the tnain criterion. The candidates

Contd....

- 16 1 -

chosen by political parties for election to the

Rajya Sabha too were not always quite the models

of elder statesmen that they were supposed to be.

Will these very political parties be able to make

judicious use of the discretion they would have

under the list system in choosing their nominees/ for

the non-elective quote. It is not clear whether

Mr. Shakhder's suggestion v;ill be free from the

infirmity. He wants 5o per cent of the seats in the

Lok Sabha and State Assemblies to be filled by

proportional representation on the basis of the votes

polled by political parties in the elective half of

the respective House. This concept could perhaps be

refined.

An institutional framework,howsoever perfect

is only one part of the story., more important

being the persons who have to operate it - and

their character.

Hindu :Madras,14.11,83

- 16 2 -

i ^ ^ ^ ^ ?^L 0 N H"Y 2 4

The military ruler Lt. Gen. H.M. r

tonight announced that the Presidential election

in Bangladesh would be held on May 24 next year

to be followed by Parliamentary polls on

1M ovember 25 the same year.

In a nation-wide broadcast over Radio

Bangladesh and television, Gen. Ershad, while

making the announcement for the 'country's

transition to democracy from martial law1 also

declared that from today there would be no

restrictions on political activities.

General Zrshad's announcement came just one

and a half hours before -.jueen Elizabeth arrived

here on a four-day State visit to Bangladesh.

Gen. lirshad said that the announcement of date

for the Presidential and Parliamentary elections

were made in consultation with the Chief Election

Commission with the hope that peace and discipline

would be maintained by all concerned.

The military ruler said i t should not by the

Intention of anybody to perpetuate martial law for a

long time. Yet he added, there were about

60 countries in the world at present, where

'military rule is in force1.

By declaring the dates for Presidential and

Parliamentary elections, 'the Government is taking

an important step towards lifting the martial law

from the country1, Gen. Ershad added.

Corrf-rl - -

- 163 - -

The military ruler said that he was addressing

the nation today, when the filing of no

nomination papers for :Jnion Council elections in

villages to be held on December 2 7 next, was over.

These council elections, he added,would initiate

the process of establishing 'real democracy in the

country'.

The Chief Martial Lav; -• administrator, while

pleading with the political parties that all

points of disputes could be sorted out through

negotiations and discussions, warned that the

tolerance and patience shown by the Government

should not be construed as "weakness".

The general said that by announcing the

dates for elections, his Government had its

promise while taking over power on March 24, 1982

that democracy would be res tored in the country

and 'this martial law is for establishing real

democracy'.

The major political parties in Bangladesh

belonging to three alliance are, however, demanding

Parliamentary elections before the Presidential

Poll and they have aiready started a countrywide

agitation with programmes of "protest rallies/ mass

sit-in demonstrations" and civil disobedience

movement«

*imrita BazarCalcutta,15.11.83.

- 16 4 -

FIXES POLL

The mart ia l lav; Government of Bangladesh

toniqht announced the withdrawal of a l l r e s t r i c t i o n s

on open p o l i t i c s which has been r e s t r i c t e d t o

indoors since -vpril 1 l a s t .

*»ddressinq the nation over radio and

te l ev i s i on tonight Chief Martial Law adminis t ra tor

Lt» General H.M.Ershad a lso announced the dates

for holding Pres ident ia l e lec t ions on May 24 and

Parliamentary e lect ions on November 25 next year.

Gen. "3rsha<a/ however/ did not mention any

time-frame for withdrawal of the 19 month old mar t ia l

law though he said "prolonging of mart ia l law should

not be des i rab le by anybody".

Renewing h i s offer t o the Opposition p o l i t i c i a n s

for a dialogue on Const i tu t ional i s sues , Gen. Ershad

said a l l should co-operate in maintaining a congenial

atmosphere f a c i l i t a t i n g the process of re tu rn to

democracy. The path of provocation should be shunned

in the i n t e r e s t of establishment of democracy/ he added.

The CMI>i's address, coinciding with the f i l ing

of nomination papers for union parishad e lec t ions

came in the wake of the Opposition demand tha t

Parliamentary e lect ions be held before a l l other '

elections,

Contd...

- 16 5 -

Gen. Srshad stuck to his earlier plan

of holding local body elections first followed

by Presidential elections and then Parliamentary

polls. The Opposition political parties, on the

other hand, have been demanding Parliamentary

elections prior to all other polls and withdrawal of

martial law immediately.

Hindustan Times,Uew Delhi,15.11.83.

- 166 -

TURKEY ELECTION RESULTS

The final official results of last Sunday's

elections in Turkey have confirmed a commanding

» • • • * parliamentary majority for the conservative

Motherland Party, reports Router.

The results, published by the Supreme

Election Board and broad cast on State Radio

late last night, showed the Motherland Party,

led by the former Economy Chief, Mr. Turqut Ozal,

v/ill have 211 seats in the 400 seat assembly.

Statesman,Delhi,15.11.33.

- 167 -

ELECTION IN VBNSZUALA

"This is no way to build a country..... Combat

laziness1." said the Government posters scattered around

Caracas early this year - but with a national election

coming up on 4 December, the Venezuelan Government

has shown .no -signs of taking the lead in the struggle.

Austerity, reform and efficiency could alienate people

who would otherwise vote for the ruling party, so they

will have to wait until after the election - or forever

Venezuela will celebrate the 2 5th anniversary of

its return to democratic rule in January, and the

Government frequently changes hands between the two

major parties, so the election really matters, at least

to the politicians, Whether it matters quite so much

to the majority of the 15 million Venezuelans is

another question, because they know two things for cert

One is that if Gopel, the ruling Christian DemocJ

party, loses/ then it will be replaced by the social-

democratic Aceion Qemocratica (AD), which is nominally

to the left but not really very different. The other

is that whoever governs, the money will continue to

flow from the oil wells/ through the hands of the

Government, into the pockets of the electorate.

May be there won't be quite as much money as befo

the oil glut struct, but Venezuelans assume that

Contd..

- -168 -

there will s t i l l be enough to keep them, richest nation

in Latin America. It would be a great pity if they

lost the distinct ion of having the highest per capita

consumption of scotch whisky in the world.

However, they, also have the distinction of owing

more to foreigners, on average, thin any other Latin

Americans; over $6,000 per wage-erncr, four times as

much as Brazil. Venezuela s t i l l has i ts oil, so t i

i t causes less panic among hankers, but oil is not what

it used to be, and the Government alone owes $27

billion.

Two-thirds of that debt falls due this year and ne

and since January the bankers have been harrying the

Venezuela's Government to cut consumption at home so

that i t can meet i ts payments. With 94% of Venezuela1,

foreign exchange and about three-quarters of the Gover;

tnent's income coming from oil exports, the fall in

the value of Venezuela's oil sales has hit the

economy very hard.

For many months now the country has been missing

repayments of principal and even of interest. Caracas

brought in exchange controls in February, but beyond

that i t would not go. The Government is asking the

banks to reschedule i ts 1983-84 debts over the next

seven or eight years/ but harsh austerity measures

Contd...,

- 169 -

are out. Venezuelans sre not used to hard times

and there is an election to be won.

It was a Venezuelan politician,. Dr. Juan Pablo

Perez Alfonzo, who took, the lead many years ago in

founding the Organisation of Petroleum - Exporting

Countries (OPEC), as a result of which Venezuela was

inundated with money after 1973. Appalled by the

consequences for Venezuelan society, he spent

his later years tel l ing Venezuelans that their

wealth was ma kdng them lazy and irresponsible, f i t

only to spend money they had not earned on goods

they did not need.

Everybody nodded respectfully, and ignored

Perez Alfonzo. The Government payroll swelled to

1.2 million, about a sixth of the working population -

of whom h..-.lf are conservatively estimated to be

unnecessary. "Public employment, " an observer

recently remarked, "has become a substitute for work

for the Venezuelan middle class." Several million

poor immigrante flooded in from Colombia to do the

dirty jobs no Venezuelan would toucjh.

It is the Colombians wbo suffer most when the

economy turns d-oxm, but they have no political r ights.

The competition for Venezuelan votes means that

Contd.. . , .

- 170 -

neither the public sector nor private industry-

can be forced to accept really severe doees of

efficiency and financial responsibility - at least

not before December. But even with all its caution,

the Copel Government is having a hard time with publia

opinion.

The Government widely blamed for the economics

troubles which are now besetting Venezuela, and

Dr. Jaime Lusinchi, the presidential candidate of

the social-democratic AD, has a comfortable lead

in most opinion polls. He is a warm but relatively

colourless man chosen by the AD machine for his

inoffensiveness; his American campaign adviser,

Mr Joe Napolitan has warned him to keep his media

appearances to a minimum and let Cobel defeat itself.

The incumbent Copel president, Luis Herrera

Campins, suffers from a similarly 'weak1 image in a

country that likes strong leaders, but the Copel

candidate to succeed him, Dr. Fafael C aldera, has

much more presence. He also has the advantage of havi

been president before in 1968-73, and he could still

close the gap.

The parties of the left won only 1% of the

vote last time, but with growing unemployment and at

least 3i million young first-time voters, the leftist

Cantd.„..

- 171 -

vote is likely to r ise . However, i t will be spli t

between Toedorq Ritkoff of the Movimiento al

Socialismo and Jose Vincente Range1 leading a

coalition of small parties including the Communists/

so one of the centre parties is bound to win.

With either Caldera or LUsinchi at the helm,

things in Venezuela will go on much as before. There

will be a l i t t l e debt renegotiation here, a touch

of austerity there, but Venezuela remains the most

fortunate, the most complacent and the most stable

country in Latin America.

Hindustan Times:New Delhi,22.11,1983

- 17 2 -

GOVT. TETHERS DISQUALIFIED FOR < ASSEMBLY

The Supreme C o u r t ' t o d a y dec la red t h a t a

t e a c h e r employed i n a b a s i c pr imary school run by

t h e U t t a r Pradesh Board of Basic Education

Under t h e u . B . Basic Education ^•ct1 1972 i s

d i s q u a l i f i e d for being chosen as a member of t h e

State Legislative assembly.

Justice Fazai «»ii and <'. E.S.Venkataramiah

held that such a teacher holds an "office of

profit" under the Government of the State and is

consequently disqualified for being chosen as a

Member of the Legislative assembly in terms of

article 191 (l) of the Constitution.

The Judges stated that the subordination

of the Board and i t s employees to the Government .

is writ large on the face of the *ct and the rules

made thereunder. 'Accordingly, the Judges set aside

the ^iiahabad High Court judgement holding to the

contrary and in favour of Roshan Lai Dobray, whose

nomination paper had been rejected by the returning

officer for election to the Legislative assembly of

Kannauj.

Mr. Dobray was an assistant teacher in a

basic education school on the date of his nomination.

The Hindustan Times,Mew Delhi,25.11.83.

- 173 -

VOTES FOR PPCJSIh^l-iTI^L POLL

The Salvador^n Constituent assembly voted

unanimously to hold presidential elections

sought by the Reagan -idinini^±ration on .

March 25, legislators said yesterday, reports UPI,

The 52-0 vote to hold elections for the

President and the Vice—President represented

a rare alliance between Congressmen of the

extreme right i^tionalist Republican alliance,

known as <*rena, and the moderate Christian

•Democrat Party.

The National Conciliation Party, a

traditional ruling force with strong grassroots

support, backed a plan to elect a new assembly

and Mayors as well as the President and the

Vice-Presid ent,

Statesman,Delhi ,25 .11.83.

- 174 -

GOES TO THE POLLS ON DEC,3

Taiwan i s ha l f way through an e l e c t i o n campaign

for the top l e g i s l a t i v e body in t h e Republic of China.

Voters go t o the p o l l s on December 3 t o choose 71

of the 171 candidates who have presented themselves for

election to the legislative Yuan.

The December 3-poll will not be a general

election due to ROC's official philosophy that Taiwan

is only one province of Chinas and the mainland

provinces have been "in rebellion" since 1949. The

legislative Yuan is consequently a living example

of gerontocracy slowly dying away.

The last general election was held in 1947

when the nationalists s t i l l controlled the mainland,

before the communist takeover. The 76o members elected

in 1947, therefore, became lifetime members of the

Yuan. Only 274 of the members then elected are s t i l l

alive, and, since their average age is 77, this

number regularly .swindles.

Elections to the Yuan have been held in Taiwan

since 1969 for "supplementary seats"/ and these

have injected life into the parliamentary body in more

ways than one. In the last poll, held in 1980, 97

supplementary members were elected or appointed,

Contd . . . .

bringing the Yuan's total membership to 37 1, prior

to the forthcoming election.

The average age of these 97 was 48. By all

accounts this youthful1 injection has made the

legislative Yuan a more lively body, both physically

and politically. Critical issues are now aired, and tl

government is criticised.

Actually 98 new members will take their seats

after the coming poll/ but 27 of these will be

representatives of overseas Chinese communities

appointed by President Chiang Ching-Kuo.

In 1980/ all but 11 of the elected members came

from the ruling party/ the Kuomintang (KMT). The

KMT is officially sponsoring 58 candidates for electic

on December 3. But since many of the "independents" e

also •• KMT members/ the Kuomintang has the capacity

to win a landslide victory.

The KMT is the only legal political party in

Taiwan. But over the years a loose group of

oppositionists called "Tangwai" (li terally those

outside the party) has emerged to dilute the KMT's

monolithic control. The 11 non-KMT victories in

1980 were all by Tangwai members.

Tangwai candidates in the forth-coming election

can be loosely divided into "moderates" and "radicals

though even this division is insufficient to describe

Contd....

- 17 5 -

the factionalism that has been the bane of the

opposition in Taiwan -• s elsewhere. Much of that

factionalism is purely personal, But the "moderates"

seek gradual reform of Taiwan's political structure,

working with the KMT, while the "radicals" seek a

greater degree of democracy to be established through

mass pressure, and a greater stress on human rights.

These views h:,va inevitably brought the latter

into clashes with the still-authorit4rian powers-that-

bc, most notably on the occasion of the riots in the

port city of Kachsiung in 1979, But the "radicals"

have turned such exposure to good democratic advantage.

Mb less than 'seven wives, relatives or lawyers of

those imprisoned for instigating those riots are

standing for election on December 3, and they are

expected to- do well.

Times of India:New Delhi,26.li.1983

- 177 -

SALVADORANS TO ELEGT PRxSIDSKT ON MARCH 2 5 .

After a heated three-hour debate, El Salvador's

constituent assembly has voted to bold presidential • 1.

elections on March 25.

The elected president and vice-president will

hold office for five yvar from June 1/1984.

Three small • olitical parties, representing

seven of the 6o members of the assembly, abstained or

voted against the election articles recently because

they exclude provisions for assembly ana mayoral

elections.

Some of the legislators also objected to the

language of the articles, which calls for an

electoral registry but also says another "mechanism"

could be used to insure honest elections.

So far, only former President Jose Napoleon Duaj

heis announced his candidacy for the moderate Ghristiai

Democrats. Roberto d'Aubuisson, president of the

constituent assembly, is expected to be the candidate

for the far-right National Republican Alliance, and

some of the smaller parties are expected to form '• 1

coalition tickets.

While the United States favours elections, some

U.S. officials fear they could bring more problems

because the two strongest candidates. Mr Duarte and

Mr d'Aubuisson, represent the extremes of the

legal political spectum.

Go ntd. . . .

- 178 -

Two. ...Views

A hiqh-rankinq U,5, embassy official said the

optimistic view was tirot the new president would 'find

the capacity to accommodate the rest of the country. "

The-pessimistic view was "that things will be so

polarised that they could coma down, you know, around

our necks"*

The country's smaller parties argued strongly

for holding general elections/ maintaining-.•hh^tLthe

present assembly does not represent the political

composition of the country. They also said that

without a registry the elections would be open to fraud,

"This is a sad night for democracy, " said Luis

Nelson 'Segovia, a member of the Democratic Action

Party, v-hich holds two seats. "we are arriving at an

electoral fraud, we are arriving at a masquerade in

which all of the forces of the democratic process, and

all the forces for political plualism, have been

crushed to the floor."

Dr P^'fael Moran Castaneda, a member of the

National Conciliation Party, with four seats, said

he would not support the election articles because

"if democracy is to function we must have elections

at all levels, " and "we- want guarantees the vote

will be clean. "

ContJ. ..

- 179 -

Both the National Re?publican Alliance, known as

ARENA, and the Christian Democrats we: a in favour

of holding elections as soon as possible. Both

opposed elections to a new assembly.

Several political sources said that ARENA

was opposed to general elections because if i t does

not win the presidency, the party has a good chance

of re-establishing a conservative majority in the

present assembly.

The- Christian Democrats opposed assembly

elections because Mr Duarte has said he would try to

bring the left into the political process through

assembly elections later.

Times of India*New Delhi,28rll.l983

- 180 -

DIET DISSOLVED, POLL NEXT MONTH

The Prime Minister, Mr Yasuhxrc iOakasone,

seeking to defuse controversy over political ethics

and graft allegations in Japan's ruling Liberal

Democratic Party, dissolved the Lower House of the

Diet (Parliament) today and called for elections next

month, reports AP.

The Cabinet was to meet later to officially

set December 18 as the da to for the voting and

December 3 as the start of the campaign.

The decision to call new elections was brought

about by the October 12 bribery conviction of the

former Premier, Mr Kakuel Tanaka, a powerful background

force in the Katesone Government. This sparked an

Opposition boycott of the Diet that ended only when

Mr Nakasone agreed, as part of a complicated compromise

to hold early elections.

The regular four-year term for the Lower

House in Japan's bicameral legislature ends next

June and Mr Kakasone, whose party holds a strong

majority of 28 5 out of 493 active seats, has contended

often that elections should occur only at the end of

a full term.

As part of the agreement, the Diet's Upper

House, or House of Councillors, net today to pass

36 pending Bills including tax cut and bureaucratic

ContJ..

1 Q 1

reform legislation. Adoption of these Bills, stymied

by the Tticnth-long Opposition boycott, was a condition

set by Mr Nakasone for calling the elections.

After the Upper House action, the Lower House

convened to hear a pre-arranged no-confidence motion

by the Japan Socialist Party and three other Opposition

parties. Also by pre-arrangement, no vote was taken,,

Instead, the legislators were told that Mr Nakasone's'

Cabinet had met earlier and decided to dissolve

the Lower House.

The no-confidence motion said Mr Nakasone "had

failed to show enthusiasm for the realization of

clean and fair Government and establish political

ethics as sought by the people " .

Statesman:Delhi;29.11.83

- 18 2 -

TWO S TE £S B: \CKVihRH

It would be pointless to deplore Lieutenant-

General H.M.Ershad's disregard for political opinion

in Bangladesh; there never was any reason to believe tl

he had much respect for the political process. What

is shocking is the rank ineptitude he has shown in

a half-hearted attempt to tinker with this process

in his personal interest; not only has he betrayed a

lack of awareness of the strength and motivation of

political parties, but he has also shewn himself to be

dangerously insensitive to wider public opinion*

HR must have been extraordinarily naive if he had thou

that his announcement of a Presidential election in

May and. a parliamentary poll in November could be

the basis.for a dialogue with the political parties

let alone persuade them immediately to participate in

what he had presented as an exercise to restore democr.

rule. Given the basic difference and distrust, the

lifting of restrictions on open political activity was

at once an empty and risky gesture; the political

parties would remain unconvinced of his sincerity

and would at the same time fund an opportunity to

mobilize themselves in a manner that he had no intenti*

to allow. Regardless of differences within and betwee:

the 15-party alliance and. the seven-pari-y -.contbine,

Contd,,..

- 18 3 -

there h^s long been e united c,.rfianc for withdrawal

of Tinrtial law and a general election Ix. fore any

attempt to give the country a new Presid ento The

action against Monday's demonstration in Dhaka can

only have reinforced the common political purpose and

sharpened the opposition to General Ershad's rule.

It may be revealing that the strike on November 1, when

the General was away, was more tactfully handled.

Obviously, one of the General's main concerns at

the moment is to ensure that his leadership is not '

embarrassed by any popular protest during the Islamic

Foreign Ministers' Conference in Dhaka next week.

But surely he had to reckon with continuing agitation

once he lifted curbs on open political activity without

conceding the central demand for a parliamentary poll

to precede any other electoral exercise. Suspicions

about his personal ambitions were confirmed when a new

party was launched almost with the sole purpose of

sponsoring him as a Presidential candidate. Further •-

confirmation was available from his remark in an

interview in Delhi that martial law would not be

withdrawn immediately after the election of a President

and that to start with only some powers of the military

regime would be transferred to the President; he was

clearly anticipating any possibility of his failing

to win the election. Surely he could not expect

Cantd....

- 184 -

the established political parties to cooperate in

this elaborate; manoeuvre, hnd if he wanted his

leadership to be endorsed by powerful Islamic allies,

after having conducted an image-building exercise during

a visit to the USA, and just before the Commonwealth

conference, a great deal has already gone wrong. Evan

if it had not, foreign endorsement would have been no

substitute for a democratic mandate from his own people.

But now even a tentative experiment with the democratic

process has been ruthlessly suppressed.

Statesman;Delhi,

30.11.1983

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0

locumen ta tionMonthly

ol. W Mo.

,, j 3 B3

Hesem*ch & ReferenceElection Commission of truiia

The Documentation intended to acquaint

the officers and staff of the Commission and

the Chief Electoral Officers and their staff

with articles on current political issues

published, in Periodicals/Newspapers/ received in

the Commission's Library, development in the

field of Electoral Law and Procedure/ progress

of the disposal of election petitions, judicial

decisions thereon, Commission's decisions on

questions as to disqualification of members to

either House of Parliament or of the State

Legislatures and Bye-elections to both Houses

of Parliament and State Leaislatures.

C O J N J J T E N T S

Page No,

Chapter - I

Books and Articles 3 - 19

Chapter - II

Notes on judicial decisionsin election matters 20, - 5o

Chapter - III

Cases of disqualifications 5 1 - 6 3

Chapter - IV

Disposal of Election Petitions 6 4 - 7 3

Chapter - V

Vacancy statements 7 4 - 8 5

Chapter - VI

Commission's views'on certainaspects of election 8 6 - 8 7

Chapter - VTI

Bye-elections 88 -111

Chapter - VIII

Revision of Electoral Rolls • 112 -114

Chapter - IX

Meeting of the representativesof the political' parties toconsider various electoral matters 115 -122

Chapter - X

Instructions issued by theCommission on important matters 123 rl26

Chapter - XI

Report on election to the officeof the President of India,198 2 andS^ate Legislative Assemblies/198^-83 - Recommendations made bythe Commission. 127 -131

Contd• .

Page No.

Chapter - XII

Press reports on elections &political systems of foreigncountries and other matters ofinterest. 132 - 170

I *ic| | t H xTis|"i"Ei"r

XX XX XXX X X X

X XX

ft.

J-cR

f 182

204

- 203

- 210

3 —

BOOKS

A few more books have been added to

the Library of the Election Commission recently.

The details of these books are given in

Annex are -I,

A number of articles appeared in various

periodicals/newspapers received in the Commission's

library on current political issues and other

matters of interest during the month under

review. **• list of such articles as are considered

to be of special interest is given at

Annexure — II.

AUTHOR

LIST OP BOOKS

TITLE PUBLISHER & D^TE OFPUBLICATION.

Singh,Balbir State Politics Wew Delhi,in India - Macmillan, 1982.Explorations inPolitical Processesin J & K.

Ray, Satyajit Phatik Chand Delhi Vision, 1983.

Bansal.H.L,

Lall, John

Annual Register New Delhi,S.Chand,of Indian 1903.Political parties-1982O

Magneto Therapy New Delhi,B.Jain,1983.

Tajmahal & the Mew DelhiGlory of Mughal

- 5 -

ANNEX URE - n

LIST OP ARTICLES

AUTHOR TITliC REFERENCE

H. FOREIGN ELECTION .;:-lD 1-QL~"TTCS

(a) Magazines

^yaz ^mir On the Brink -"-gain. Sunday, November,The author fdrsees a 13-19,1983, p .21.

long and dangerousspell of instabi l i tyo

Garrison/Lloyd Taiwan:On Joy Scatters Time :DecemberMany Griefs. 19,1983, p.24

Reg. elections inTaiwan,

Polling in Brazil: Monthly PublicA Study in Endurance- Opinion Surveys :1954 to 1982. July-August 1983,

pp. 18-20.

Mstheus,Garlos

Meyer,Mehael R Japan's Risky Election. Newsweek:and Dahlby,Tracyt. . November 28,1983,

p.16.

Mitra, Sutr.it Bangladesh :Change of India Today:g«rbc . December 16-31,1983,

Reg. the pol i t ical PP-situation of Bangladeshafter Lt. GencHoM.Ershad assumed himselfPresidentship of theRepublic.

Nag or ski, Andrew Turkey :^ DilutedDose of Democracy,

Rego elections inTurkey*

Newsweek:November7, 1983, pp.46-47

Why Sind is burning? Sunday;NovemberThe author explains "-19,1983, pp. 22-25why there is so muchviolence and unrestin S

Young,Jacob and Turkey :A step Toward Newsweek:NovemberKohen,Sami. Democracy, 21,1983, pp. 30-31.

Reg. recent electionsin Turkey.

Contd...

- 6 -

AUTHOR

(b) NEWSPAPERS

TITLE RrCF-RENCE

halhotra,lnder

Editorial

Chaudhri,A.,T<

•Muni, S.D,

Hari Jaisingh

Nenon, N.C.

Edi tor ia l

Edi tor ia l

Edi tor ia l

Editor ial

Presidential System:Checks and balancesin Nigeria. .

Reg. the post electionscene in Nigeria.

INDIAN EXPRESS :New Delhi,December 1,1983/13" "

Bangladesh On theBoil ~ a Crisiswithout 2nd.

Elections In Japan

Lull before stormin Pakistan?

Rego the politicalsituation in Pakistan.

I;"; r s had ' s D i 1 emrna s

Rego the politicalsituation inBangladesh,

Unlearnt lessons inDhaka.

Reg. the politicalsituation inBangladesh.

The Times of India :New Delhi, December 11983,p.8.

The Statesman :Delhi,December2,1983,p.6.

Indian Express :New Delhi,Dec,3,1983, p.6,

Patriot:New Delhi,D e c , 6,1983,p.2

Indian Express :New Delhi,Dec.,7,1983,p.6

Upheaval InBangladesh.

Reg0 the politicalsituation in Bangaldesh

The Hindustan TimesNew Delhi,Dec,7,1983,p.9.

*In Civilian Guise.

*Ershad the Head,

*Short Cut In Dhaka

The Statesman :Delhi,Dec., 13,1983, p.6.

The HindustanTimes:New Delhi,Dec.,13,1983,p.9.

The Times of India :New Delhi,Dec,13,1983,p.8.

* New Trends In Dhaka Indian Express :New Delhi,Dec.,13,1983,p.6.

- 7 -

Erit>rial

editorial

Imam/Zinat

"FVil"ditorial

Editorial

Editorial

Editorial•

Editorial

Singh, Rai

Kesavan,K.V.

TITLE

*Ershaa's Farce.

REFERENCE

Patriot:New Delhi,Dec.,13,1983,p«2.

*Bangia;:>esh and Democracy. National Herald :New Delhi,Dec,,14,1983,p.7.*Req. Lt * Gen.Ershad's

ascendancy to thePresidency of Bannladesh.

The Pakistan Scene-Pincer a

Reg. the polit icalsituation, in Pakistan.

*Catching Up.

*Historic Defeat

*Change in Japan

:Upset in Japan

*Tremors In Japan

^Changes in JapanesePolitical Scene.

*Japan:Fallout of Tanakaaffair. •

*Reg% the result of therecent general electionin Japan„

The Hindustan TimesNew Delhi, Dec,16,1983 /P.9.

The Hindustan TimesNew Delhi, Dec,20.1983, p.9.

The Times of India :New Delhi, Dec.,20.1983, p.6.

National Herald:New Delhi,Dec,20,1983, p.7.

Indian Express:New Delhi, Dec.,21,1983, p.c.

The Statesman:Delhi, Dec, 22,1983, p.t.

National Herald:New Delhi, Dec,,,26,1983,p.".

Patriot :New Delhi,Dec, 28,l9f?3,p.2

Contd.. .

AUTHOR

ELECTIONS

- 8 -

TIT IK

POLITICS.

REFERENCE

(a) Magaz ines

Chakravartty,Nikhil

ivani, L.K« The Money In Elections* IWI :December

according to the author in_?i * '"the history of electoral *reform in England shouldhelp dispel the widespreadcynicism in our countrythat there is no real remedyfor the growing influenceof money-power in electionsor that in a bourgeoisdemocracy th is i s inevitable".

Must The Opposition IVJl :December1

Remain Weak ^nd Fragmented? 12-17,1983,The opposition par t ies in p p # 1 8 ~ 2 1 & 2 3 •India have never reallyseriously challanged theCongress Party's holdon the ballot box, exceptonce, in 1979., Theauthor analyses thehistoric role of theopposition as a al ternativeto the Congress„

Ramakrishna Hegde:Back To Ir.dia Today;The Wall Dec , 1-15,1983,Reg. the po l i t i ca l P". 64-66,68,70-72,si tuation in Karnataka.

Chawla,Prabhuand Chengappa,Raj

,Prabhu By-elections: A MiniRehearsal.

India TodayDec., 16-?!,'1983,pp. 26-2 7.

Karnataka-.Civic Success. India Today .-Dec

Reg. the recent civic , 1 6 " ^ i / l 9 8 3 'elections in Karnataka in'1"which Cong (I) came outvictorious.

Ccntd. . .

AUTHOR

Chopra, Pran WhereAnd D

The i\.. analv

—

TlTlj

KV: . <

9

? . "• ••

: t

—

T h e

''If:.' -.•

r- -,i — ' ' .

f ,

REP

r,n IVTJi : •

••-(-\led ^ "ab,. .

•::;R

ocorrber, ...i;83/

scenario., The- • : ' • • ace or-ing to the author,

lies in indecision and alack of willinrj-ness totake constructive steps*IJ this carries for longwemight even Id^se Punjab.This no one seems worriedabout.

Fera,lvan Shifting Sands In IWI :December/Maharashtra. 4-10,1983,pr-22-23.

Reg. the recent by-electionsin Sangli and Patan inMaharashtra,

Ghimire, Yubraj Bihar -'Facing the bir th Sunday : Novemberpangs. 13-19,1983,pp.64

Reg, the pol i t ical scenein Bihar under the newChief Minister ShriChandra Shekhar"Singh.

Gupta, Om, J & K 444 days of Farooq. Caravan December (1st)

• The ar t ic le gives the 1983,pp.12-14.various problems facedby Dr. Farooq Abdullah'sgovernment during i t s444 days existence.

Hussain,Mushahid Indo-Pak Relations: India Today :Dec,VJorse S t i l l To Come. 1-15,1903 , p. 89.

Jain,j.K. The Return Of Choudhary. Surya India :pec

Will Chaudrary Charan i 1 ^ 1 ?Singh emerge as thecountry's next Prime Minister?Current Political trends andpoll projections clearlyindicate that Mrs-,, Gandhi'schances for reelection arebleak. An ej*a of coalitionsat the Centre lies ahead.Theauthor gives a blow-by-blowanalysis of the poll scenario,complete. ,w£th state-by-stateevaluation of the likely pollarithmetic.

AUTHOR REFERENCE

Kapoor,Coomi Maharashtra:Only Losers

Menon,ftmarnathK.

Nayar,Kuldip

Reg. the results of therecent bye-elections

in Maharashtra,

India Today:Dec., 1-15, 1983,P.5P>.

By-Elect i ons-EarlyWarning.

Reg. the result of therecent b"e-elections in

Pradesh.

Public Opinion on thePunjab Agitation -'ndGreater support for astronger centre.

The Shadow of PoliticalUncertainty.

The article gives thepast performance ofCong(I) in assemblyelections and i t sfuture prospects for thenext Lok Sabha elections.

Constitutionalism asPolitical Escapism-Restructuring 'CentreState Relations.

The Threat from Jamaat-e-Tul&a.

India Today:Dec.,1- 15,1983/p.45.

Monthly PublicOpinion Surv eysJuly-August,1983,pp.29-32.

Monthly PublicOpinion Surveys :July-^ugust,1983,ppc3-6.

Eco, & Pol.WeeklyNov*/19/ 1983,pp, 19,66-67.

Sunday :November13-19, 1983, p. 11,

The author says -Theactivities of jamat-e-Tulbaare pro-Pak and pro-Zia.-ui-Hag.I t is not_ a new Organisation.I t was tH'j-e when SiFiei-kh Abdullahwas chief minister. Bi;t he hadkept i t s members fully undercontrols. Dr. Parooq Abdullahhas neither that stature norhis father's style and hence thejamat is making more troublethan before. Dr. Abdullah,may one day, find himself atthe mercy of these extremists ifhe does not fight them now, Thelack of this realisation couldbe his tragedy and that of•Kashmir*.

Contd. „,

- 11 -

AUTHOR

Redriy,G.Sreenivas

TIT US

tpanchayateRaj Reform.

RBFSRENCE

Eco. & Pol.Weekly;November,5-12,1983,pp. 1915-1916

:Violent Reminders. India Today:' ^ ,,_• i Dec , 1-15,1983,

Reg. the political 50-51.situation in Hssam. iP*

Sunday :November

Sen, Sumanta

- Turning Bihar IntoRegarding the influx offoreigners in PurneaDistt. of Bihar fromBangladesh.

Tarkunde,V.M. Ordinance Raj In Bihar. Monthly PublicOpinion, Surveys,July-August,1983,pp. 7-9.

Tikku:#M.K.

Vajpayee, Lakha

Vas E.A,

Media :Dateline Srinagar. Caravan^December« . , - • . (lst)#1983,pp.14-15.Reg, problems of reporting *J & K.

Congress I in search of a Caravan {DecemberSlogan. (1st),1983,p.37,

The author discusseswhether an alliancebetween the Cong (I) andthe Akalis i t is the.offing*

Border fence is no defence. Sunday:November

According to the author 13-19,1983^.40,"Assam's barbed-wire fenceproposal is only a politicalgimmick to postpone the keydecision of the cut-off date"#

(b) ISEWS PAPERS

Das,Sitanshu Vajpayee's PropositionNext PM from SouthIndia?

Lags In Law And Policy-The Ruling Party'sDismal Record.

The Hindustan Times:New Delhi/Dec. 2y1983, p .9,

The Statesman JDelhi,Dec., 2/1983,p.6.

Contd...

AUTHOR

- 12

TT.TL3

Goradia,Prafull The Logic of Conflict.

The author says thatmost Opposition partiesin our country were .founded on one divisiveideology or another.They survive on sectariansupport °<r held togetherby the promise of conflictwith other sectors ofsociety.

Chopra,v.D

Editorial

KenezeS/S,L.

Editorial

Editorial

Editorial

Khanna,H,R,

The Statesman :Delhi/Dec, 2,1983,p.6.

Patriot:New Delhi,Dec,, 5/1983/p.2

Logic Of Cruc;'ai Times.

Reg» the pol i t ica l#situation in country.

Contest In Soiiepato' • The Hindustan TimesReg, the bye-election New Delhi,Decemberfrom Sonepat parliamentary ' * ' L*Constituency(Haryana),)

What Led To 1963 War ?•

ConsensusReg,.the al l -par ty meeton electoral reforms •convened by the ChiefElection Commissioner,

A Troubled Coalition*

Reg, the pol i t ica l -scene in Kerala.

BY-election . j i t t e r s ,

Reg, the bye-elections

The "Hindustan TimesNew Delhi/December5.1983/P.9,

The Hindustan TimesNew Delhi,December.6,1983, p .9 .

The Times of IndiaNew Delhi/December7/1983,p.8.

National Herald:New Delhi/December8/l983,p.5;,

from three Lok Sablia andten assembly seats' due onDecember .23.

Making The System Work - The Times of IndiaNeed For Two Well-- New Delhi,DecemberBalanced Parties, 1C/1983/P.8'The author says thatexistence of two well-balanced parties isone of the most essentialrequisites to ensurethe success of democracy.

Contd,..

AUTHOR

- 13 -

TITLE

CPM' s Two-ProngedStrategy In West

Bengal.

REFERENCE

The Times of Indi;New Delhi,Dec.1O,1983,p.8.'

, Pushp

Editorial

Rajasthan Cong(I) getsready for poll.

NDa. tit for UF tat.

The editor says itis more than establishedthat the ND > and UF aregunning for each other andthat the opposition can,never be a united tean.The biggest tragedy of thepresent day parties isthe formation of alliancesand fronts without anyprinciples. These omnius trendswill not last long as thepeople are capable of exercisingtheir discretion at theright moment".

Indian Express:New Delhi,Dec. 1O, 1983,p.6.

National Herald:

ip

Kannabiran,K.G. Who are the real1 extremists'?

Editorial

•according to the writer,in ^ndhra Pradeh theTelugu Desam Governmentwas returned to jjower inthe last elections by apeople seeking a reprievefrom the excesses ofemergency and the Cong (I)regime. The author showshow the hopes of the peoplehave been belied as theTelugu Desam prepares to"root out extremism" withthe help of two extrabattalions of CRP Forces.

Indian Express(Magazine) :NewDec.,11,1983,p.3.

Token Reforms.'

Reg. the all partymeeting convened by the p

Chief Election Commissionerfor a discussion ©n electoralreforms.

The Sunday StatesmDelhi,Dec. 11,1983

Contd . . .

- 14 -

AUTHOR

Malhotra,inder

TTKLE REFERENCE

Editoral

Sathyamurthy,T.V.

Everyone On The Hop. The Times of India:_ New Delhi,Dec.

••Politics is a profession u l x & V Iwhere l i fe is brutish and l

short* Infact,itspractitioners live inperpetual anxiety, fortheir rivals keep theirknives sharpened, readyfor the kill. The game isas .ruthless in democraciesas in dictatorships. Therules of the game apply asmuch to presidents" orprime ministers as lesserfries". The author who hasseen the game from closequarters, dessribes it in thearticle.*± Question Of Time.

Reg, the politicalseene in Kerala.

Problems In Punjab - IPelated Sikh Urge ForState hood.

The Hindustan TimesNew Delhi, Dec.12,1983,p.9.

The Statesman:Delhi,Dec. 12,1983, p.8.

Sathyamurthy,T.V.

Problems In Punjab - IIEnsuring PoliticalDominance.

The Statesman:Delhi, Dec.13,1983, p.6.

Sathyamurthy,T .V.

Problems In Punjab - IIICase For GenuineFederalism.

TheStatesman,Delhi, Dec. 14,1983, p.6.

Khanna,K.C.

Editorial

Towards Electoral Reform- The Times of IndiaCynicism Or ** Move New Delhi, Dec.Forward ? 13, 1983,p.8.

^ comment on the meetingof opposition parties withthe Chief Election Commissionerfor ,a discussion on electoralreforms.

Hooliganism. In Kashmir.

Reg. the political,situation in Kashmir.

National HeraldNew Delhi,Dec.13,1983, p.7.

Contd..

AUTHOR

Rajappa,S.

Dua,H.K.

- lb -

TITLE

Tamil Nadu Newsletter -partners In ** Marriageof Convenience.

Reg. the poli t ical scenein Tamil Nadu,

PM power and polls .

REFERENCE

The Statesman:Delhi/ November,14, 1983/p.6.

Indian Express :New Delhi,Dec14,1933,p.6.

Gadkari>J.P. Hegde Govt. Snared InTapes.

Reg. the poli t ical scenein

Patriot:New Delhi,Dec. 14/1983/p.2,

Editorial

Editorial

Editorial

* Poll Reforms

*Worse Than The Disease.

*Bureau-cratic.

The Hindustan TimesNew Delhi, Dec,15,1983,p.9.

Indian Express,New Delhi,Dec.15,1983,p.6.

Patriot:New Delhi,Dec. 15,1983,p.2.

*Reg. the Election Commission'srecommendation for impositionof president's rule in theState prior to the Assembly-elections.

Karlekar/Hiranmay Divided They Fall.Reg. the oppositiondisunity and its unityprospects in futureelections*

Indian ExpressNew Delhi,Dec,15,1983, p.6.

Editorial On The Wrong

«• comment on theElection Commission'srecommendation for impositionof president's rule in theState prior to holdingassembly elections.

The Times of IndiaNew Delhi/ Dec.16,1983, p ,8.

Contd,..

- 16 —

AUTHOR

Chopra,v.D,

& others .

TITLE

Trial of Strength ForCong (I).

Reg. the speculationabout an early pollto the Lok Sabha and theprospects of Mrs. Gandhiand her party of winningthe elections.

Towards dialogue inPunjab,

REF RJNCB

Patriot:New Delhi,Dec. 19/1983,p.2,

Indian Express :New Delhi, Dec.20.1983,p.6.

Editorial Snap Poll ?

Reg. the possibility ofan early Lok Sabho.

poll .

The Hindustan TimesNew Delhi, Dec.21,1983, p.9.

Menon, N.C, Need For a New Direction. The Hindustan Times

Reg. the political New Delhi, Dec,situation in the country. 21,1983, p.9 & 13.

Calcutta CongressPlenary .Confluence ofValues,

National HeraldNew Delhi, Dec.22,1983, p.7.

Sahay7S , Election Commission'sStance,

**• comment on the ElectionCommission.' s recommendationfor imposition ofPresident's rule in the

state prior to the holdingof assembly elections,,

The Statesman :

Delhi, Dec. 22,1983, p.6.

Kutty,K.Govindan Karunakaran gets areprieve t,

Reg, the defeat of theno-confidence motionin Kerala,

Indian Express:New Delhi,Dec,24,1983, p .6 .

Contd,.

AUTHOR

- 17

TITLE REFERENCE

N, Sikkim's I( entity Fears - The Statesman:"nother 'Foreigners' Delhi, Dec. 24,

.. Problem. ' 1983, p.8.

to the author,the two problema- thedemand for Assemblyreservations fcr ethnicNepalese'and the citizenshipclaims of an estimated30,000 immigrants •- mustbe solved without delay iftrouble is to be averted andthe State's distinctivei d e nt i t'v saved.

Ehushan,Vijay Panchayat election. Ma t i o na 1 HeraldMew Delhi, Dec.24,1983, p»7.

Editorial Lessons For Opposition.-.

Reg, the resul ts ofby elections to 3 LokSabha and 11 assemblyseats held on December 23,

Editorial Police Raj i n J & K.

Reg. the pol i t ica lsituation in J & K.According to the authorthe CM Dr. -bduliah hasset himself on the pathof confrontation with theCentre and his governmentimposed a vir tual policeraj in the State,,

Editorial Bye-elections.

Reg. the results of thebye-elections held onDecember, 23,

Phandari,"-rvind Financing Elections.

The burtdayStatesman :Delhi,Dec. 25,1983, p.6

National Herald:Mew Delhi, Dec.26,1983, p .7 .

The Hindustan TimNew Delhi, Dae.27,1983, p .9 .

Editorial •-• Disturbing Verdict.

•Reg . t he by e- el ec t i onresul ts held onDecember 23,

The Hindustan TimMew Delhi,Dec.27,1983, p .9 .

The Times of Indi'New Delhi, Dec.27,1983,p.6.

- 18

AUTHOR

Editor ial

TITLE

*Bye-elections, Patriot :New DelhiDec. 27,1933,p.2.

Edi tor ia l

Editor ial

Menon, N.C,

^Straws In The Wind. Indian Expressic , , . ^ . , New Delhi, Dec,Reg, the results of the nn 1 n o o J ^recent bye-elections^

Meghalaya TacklesInfiltration.

Comfort For Congress.

Reg. the performance ofthe Cong (I) in thebye-elections held onDecember 23.

The Polls nd TheirPortents.

27,1983,p.6.

Indian Express:New Delhi, Dec.27,1983, p.6.

The Statesman :Delhi, Dec. 28,1983, p.6.

The Hindustan TimNew Delhi, Dec.28,1933, p.9.

Editorial Odds Against Hegde..

Reg. the pol i t ical scenein I<arnataka.

The Hindustan TimNew Delhi, Dec.28,1983, p .9.

Editorial Bihar Controversy. Patriot :New Delhi

Reg. the defeat of Cong (I) in 29, 1983, p. 2™Lok Sabha bye-electionheld in Bihar.

Malhotra, inder Beyond The Bye-Elections: The Times of Indi<Bitter Lessons For New Delhi, Dec.Both Sides. 29,1983, p..6,

Mukhopadhyay,^ i

Bye-election resultssurprise CPI (M) .

Indian ExpressNew Delhi, Dec,29,1983,p.6.

Sahay,S. Hardly Anything To Cheer The Statesman•ny Party. Delhi, Dec.

A discussion on the 29,1983,p.8.results of recentbye-elections.

Contd...

- 19 -

AUTHOR TITLE

Editorial

Editorial

Bihar Blu-es,,

Req. the results ofbye-elections in Bihar,

Opposition Thoughts,

Reg. the opposition'sreaction to the resultsof recent bye-elections,

The HindustanTimes :New Delhi,Dec. 29,1983, p.9.

The HindustanTimes : New Delhi,Dec. 29,1983,p.9.

Sharma,Shankar Indian National Congress: National Herald:Dayal From Lahore to Hew Delhi, Dec,

Calcutta - I . 29,1983,pc7o

Sha-rma,Shankar Indian National Congress: National Herald,-DaYal From Lahore to New Delhi, Deco

• Calcutta - I I , 30,1983, p.7.

Das,Sitanshu Changes Imminent In UP ?

The' author thinks thatchanges are imminent inUP leadership andministry as a result ofrecent bye-electionreverses.

The HindustanTimes :New Delhi,Dec.30,1983,p.9,

Lai, Sham The National Scene :Politics In Command,

Reg. the AICC (I) plenarysession in Calcutta,

The Times of IndiaNew Delhi, Dec31,1983,p.8.

* **

20 -

Notes on the Judicial Decisions inthe election ma

Quring the month under review, seven judgments

on election petitions - four from the High Court

of Andhra Pradesh and three from the High Court of

Punjab and Haryana at Chandigarh - were received in

the Secretariat of the Election Commission. Nine

decisions of the Supreme Court on t\\e appeals filed

against the orders/judgments of the High Courts,

were also received* All these election petitions

and appeals have been dismissed by the Courtso

The gists of all these sixteen judgments/

orders are given in the following pages:-

- 21 -

IN THE HIGH COURT OF JUDICATURE rANDHRA PRADESHAT HYDERABAD

(ELECTION PETITION NO. 12 OP 1983)

Bodipireddy Atchuta Desai ».».Petitioner

Versus

1. Chinnam Joga Rao2. Gova Frakasa Rao

3. Returning Officer oe«,Respondents ,

The election petition was filed by Shri Fodipireddy

Atchuta Desai, an elector, calling In question the election

of Shri Chinnam Joga Rao to the Andhra Pradesh Legislative

Assembly from 38-Yellavaram(ST) constituency in the general

elections held in 1983. The election of the returned

candidate was challenged on the ground that he and another

candidate (respondent no.2) were net the members of the

Scheduled Tribe community and that their nomination

papers were wrongly accepted. The petitioner, therefore,

prayed that the election of the returned candidate (respondent

no.l) might be declared void.

The returned candidate (respondent no.l) raised a

preliminary objection that the election petition was

liable to be dismissed under Section 86(l) of the

Representation of the People Act, 1951 for non-compliance

with the provisions of Sections 81 and 83 of the said

Act. It was submitted that copies of the certified

extract of Birth Register and School certificatej

Contd...

— 00 —

brochure, poster and the photograph referred to

in the election petition were net served upon the

first respondent. He contended that these documents

formed part of the election petition and were, therefore,

required to be signed and verified in the sarre manner as

the election petition and copies thereof were also

required to be served upon the respondents alongwith the

copy of the election petition.

The petitioner, on the other hand, submitted

that these documents did not form an integral part of

the election petition but merely constituted evidence of

the allegations made therein and so these were neither

required to be signed and verified in the manner of

an election petition nor were these required to be

served on the respondents.

The High Court examined the issue in the light

of the provisions contained in the Representation of

the People Act, 1951 and the rulings of the Supreme

Court, Relying on the principles of the decisions

of the Supreme Court in "Karunanidhi1s case"-1983-

(II) Supreme Court cases 473 and Sahodrabai"s case AIR

1968 S.C. 1079, it came to the conclusion that the

brochure formed an integral part of the election petition

and it was not a mere evidentiary document. It, therefori

dismissed the election petition without any order as

to the costs vide its order dated 19th July, 1983,

- 23 -

IN THE HIGH COURT OF JUDICATURE ANPHRA PRADESH;AT

( ELECTION PETITION NO. 19 OF 1983 )« « • •

Mallesh ....Petitioner

Versus

M.Ramachandra Rao ....Respondent

The election petition was filed by Shri

Mallesh, an elector of the constituency, calling in

question the election of Shri Mo Rama chandra Rao

to the Andhra Pradesh Legislative Assembly from

21o-Khairatabacl constituenqr in the general election

held in 1983.

The election of the returned candidate was

challenged mainly on the ground that he committed the

corrupt practice of undue influence over the voters

on the gound of religion. It was alleged that in the

constituency, with the consent of the returned candidate.?

pamphlets of Telugu Desam Party were freely distributed,,

They showed Sri N. T.Ram Rao, as Kama, Bheeshma, Sri

Krishna etc, to exploit the religious gsntiments of

the voters. It was also alleged that the returned

candidate used the wall posters containing the phot© of

Lord Krishna-with Shankatn in his hand, with a cycle

symbol on it, appealing to the voters to vote for the

Telugu Desam candidate.

The respondent (returned candidate) raised

a preliminary objection that these pamphlet, and wall

Contd,..,

- 24 -

posters form an integral part of the election

petition. Copies of these anasxures,- though annexed

with the election petition, were not annexed with the

copy of the petition furnished to him (respondent),

According to him, failure to serve the copies of these

annexures had resulted in the total non-compliance

with the requirement^ of sub-section (3) of Section 81

of the Representation of the People Act, 19 51 and thus

the election petition was not maintainable.

After closely examining the descriptions

made in the pamphlet and wall posters, the Court

observed, that in the absence of these annexures, the

averments contained in the petition would be certainly

incomplete and relying on the decision of the S upreru

Court in M. Krunanidhi Vs. H.V.Handa (2)AI-1983 SC-558

held that they formed -an integral part of the electioi

petition. Since i t was, admitted that copies of these

annexures were not supplied to the respondent alongwi

the copy of the election petition,ttsare was total

non-oompl iancG with Uie requirements of sub-section (

of Section 81 of the Representation of the People Act

19 51. Ihe High Court, therefore, dismissed the elect

petition without any order as to costs vide i ts order

dated 2oth September, 1983,

- 25 -

IN THE HIGH COURT OF JUDICATURE: ANDHRA PRADESHAT HYDERABAD

(ELECTION PETITION NO.34 OF 1983)

Nayan i Narsimha Reddy . . . .Pet i t ioner

Versus

1. The Returning Officer,206~Murshidabad assemblyconstituency and personalofficer, Municipal Corporationof Hyderabad.

2. S.Rajeshwar Rao ....Respondents

The election petition was filed by Shri Nayani

Narsimha Reddy, a defeated candidate, calling in question

the election of Shri S»Rajeshwar Rao to the iwidhra Pradesh

Legislative Assembly from 2o6-Murshidabad constituency

in the general election held in January, 1983.

The election of the returned candidate was

challenged on the ground that the Returning officer of

the constituency (1st respondent in the case) committed

several irregularities at the time of counting and that the

counting was not done correctly. The petitioner requested

the Court to order recounting of votes. He also prayed

that the *1-ction of the returning candidate may be

declared void and the petitioner be declared as having

been duly elected.

The returned candidate (2nd respondent) filed

a preliminary objection as to the ma int a inability of

the election petition on the ground that since the

Contd

- 26 -

petitioner had asked for a declaration that he should

be treated as duly elected in addition to setting

aside the election of the returned candidate, he ought

to have impleaded all the persons who had contested

the election as required by Section 82 of the Representa-

tion of the People Act/ 19 51. The High Court upheld the

objection and held that the provisions of Section 8 2

of the Act were mandatory.

Since the petitioner had impleaded only the two

respondents/ the mandatory provisions of Section 8 2

had not been complied with. The High Court, therefore,

dismissed the election petition with costs vide it©

order datetV 23rd September, 1983«

- 27 -

IN THE HIGH COURT OF ANDHR.% ERODESH AT HYDERABAD

(ELECTION PETITION MO.36 OF 1983)W • • •

Vannala Sree Ramulu . . . .Petitioner

Versus

Marcherla Jagannathan ...aRespendent

The election petition was filed by Shri Vannala

Sree Ramulu, a defeated candidate/ calling in question

the election of Shri Marcherla Jagannathan to the

Andhra Pradesh Legislative Assembly from 267-Warof nnapet

constituency in the general election held in 1983.

vJhen the petition came up for hearing/ the respondent

raised a preliminary objection regarding the maintainability

of the election petition. He argued that necessary and

proper parties had not been impleaded in the petition.

The High Court upheld the cbj-ection and dismisse-d the

election petition' as'' not being maintainable vide its

order dated 24th June,, 1983. No cost' was, however,

awarded.

- 28 -

IN THE HIGH COURT OF PUI . J 'AB ^KD H-RY^i-M- "T

CH^HDIG^RH

(Election Petition No. 3 of 1982)

Kamla Verma• . . . Petitioner

- Versus -

Rajesh Kumar and others . . . Respondents

The election petition was filed by

Smt.' Kamla Verma, a defeated candidate calling

in question the election of Shri Rajesh Kumar

to the Haryana Legislative assembly from

5-Jamunanagar constituency in the general election

held in .1982. The Chief Election Commissioner

and the ;Returning «rrid" assistant Returning

Officer of the said constituency were also madebut

respondents in this case/they were subsequently

excluded from the l is t of respondents by an

interim order of the High Court dated 25th august,

1982.

The petitioner had secured 16,226 votes

as against 16,289 votes secured by returned

candidate. Thus the difference between them was of

63 votes only. The election of the returned

candidate was achalienged mainly on the ground that

the counting done was not proper and valid. It

was alleged that the assistant Returning Officer

Contd...

_ TO _

announced that a recount of votes woulei

take place but later on recalled that order

illegally and declared the result. The petitioner

also claimed that in fact i t was she who had

secured the largest number of valid votes. She,

therefore requested for a recount of votes and the

declaration that she was duly elected.

The High Court initially ordered a sample

checking and recounting of votes of three polling

stations only. Though the resultant difference

in the number of votes on the sample checking

was only one, some material discripancies were

discovered during the recount/ which supported

the allegation of the petitioi-^r that valid votes

polled in her favour were put in the bundle of

the returned candidate and some rejected votes

were wrongly counted in favour of the elected

candidate. So the High Court on 31.3.83 ordered

rechecking and recounting of all the votes of the

remaining polling stations.

The High Court, however/ found the

allegation against the assistant Returning Officer

as duly established end passed the following

Contd,..

- 30 -

strictures against him : -11 The Assistant Returning Officer tooka decision and ordered a recount whichwas duly announced. Before reducing thisorder to writing, he changed his mindand passed another order, exhibit PW 4/5rejecting the application for a recount.This order was admittedlv passed withoutaffording any opportunity of hearingto the petitioner and at her back. It isnot disputed that the assistant ReturningOfficer' while considering the applicationfor a recount under rule 63 of theconduct of Election Rules performsqua^i judicial functions and was boundto hear the affecteu parties beforepassing any order, ^fter he had announcedthe recount on the applications of thepetitioner,- he should have got that ordertyped and had no jurisdiction tosubstitute that order by a fresh order.Even if it may be accepted that he couldthange his mind before the said order ofrecount was reduced to writing, it couldonly be done in the presence of thepetitioner and after affording her fullopportunity of being heard. The assistantReturning Officer/ therefore, acted

••'.-. illegally in substituting the oral orderby "-a fresh order rejecting the applications

• ... for a recount and in declaring the result.•To maintain the faith of the people in the

.. democratic process it is very essentialthat the counting is not only done in fairand impartial manner but also must appearto have been so done» The conduct of theassistant Returning Officer whereby heinitially announced the recount and •thereafter changed his decision at theback of the petitioner creates a seriousdoubt about his impartiality and fairnessof the conduct of the counting as a whole.The said finding alone, therefore, should besufficient to sustain the claim ofrecount ",

The Court appointed supervisor to supervise

recounting. On recounting, no difference was found

in the margin of votes secured by the petitioner

Contd..,

31 -

and the elected candidate, as alre-ady indicated

in Form 20. The High C mrt, therefore, dismissed

the election petition with costs vide i ts order

dated 3Oth May, 1983.

- 32 -

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

(ELECTION PETITION NO. 13 OF 198 2)

Ram Singh & others. Petitioners

Versus

Ram Singh . . . • » Respondent

The election petition was filed by Shri Ramand others they

Singh, an elected in which /challenged the election

of Shri Ram Singh to the Haryana Legislative Assembly

from 86-Rewari assembly constituency in the general

election held in May, 1982.

The petitioners had alleged that the elected

candidate i.e. the respondent had committed corrupt

practice of undue influence within the neaning of

Section 123(2) of the Representation of the People

Act, 19 51. It was alleged that on the day of poll,

the respondent had scared away electors at some

polling stations and prevented them from casting

their votes and that electors in some villages had

been prevented from casting their votes by creating

terror by show of force. The respondent had thus

allegedly interfered in the free exercise of electoral

right.

Various witnesses were produced to prove the

allegation. One of them was the District Election

Officer & Deputy Commissioner, Mahendragarh, who had

Contd . . . . .

- 33 -

taperecorded the statements of polling staff and other

persons in connection with the occurrence of incidents

connected with the election at the village Kalaka.

On the tape recorded statement, the Court stated

that:- : • • • • . • . ••-.•••

."The law on the use' of the tape-recordedstatement is well settled. The tape-recordedstatements have a good evidenciary value asprevious statements of a witness and ingiven cases can be even used as substantiveevidence, provided the authenticity of the taperecorded version is provec! beyond doubt and therecorder and the matters of the statement areappropriately identified. The person who recordsthe voice on the tape has to identify the personwhose statement, speech, conversation etc. herecorded and also identify his own voice, in caseit also is recorded, like any-other definiteevidence. In case the cassette contained thestatements of many persons, the recorder shouldbe able to distinguish the voice of one from theother and should also be able -to punctuate thestages and establish the identify of the makersof the statements. The proficiency of the personrecording the statement on a tape-recorder hasalsjo to te. demonstrated. Besides this* there arefeatures of this type of evidence. One of thefeatures of magnatic tape-recording is the abilityto erase and' re-use the recording medium.Because of this facility of erasure and re-use,the evidence mustba received with caution. TheCourt must be satisfied beyond reasonable doubtthat the recording has not been tampered with.The Court has, therefore, to be satisfied thatno erasure or super-imposition was done orattempted to be done in the tape-recorded versionto adversely affect its credibility. These arethe factors, which the party depending uponthe evidence of a tape-recorded statement has toexclude and the Court has tc be cautious inreceiving this type of evidence."

XX XX XX XX

The High Court observed that at many places

voices in the tape--recoxded-si-a_tem©nt -could not be

Contd

- 34 -

identified and that the District Election Officer

himself could net distinguish the names of

persons whose voices had been recorded by him.

At certain places, the statements had been erased.

lhe transcription of the tape-recorded statements was

also not fully vouched for as some part of the

transcription had been prepared by the stenographer

when the District Election Officer/ had to go out.

The High Court, therefore, did not accept this

evidence. lhe other evidence led by the petitioners

was also held to be not beyond doubt and was not

accepted.

.T*he High Court dismissed the petition with

costs vide its order dated 3.6.1983.

0 • • • •

IN THE HIGH COURT OF PUNJAB AND HARYANAAT

(ELECTION PETITION NO,21 OF 1982) '

Gauri Shanker ....Petitioner

Versus

Shamsher Singh .,..Respondent

The election petition was filed by Shri Gauri

Shanker, a defeated candidate, calling in question the

election of Shri Shamsher Singh to the Haryana Legislative

Assembly from 45-Narwana constituency in the general

election held in 1982.

When the case came up for hearing in the Court,

the advocate for the petitioner stated that he had

received instructions to withdraw from the case. The

Court then' permitted him to withdraw. This left no

one to pursue the case. The court, therefore, dismissed

the election petition with costs vide its order dated

1st **pril, 1983.

- 36 -

IN THE SUPREME COURT OP

CIVIL P:?ELL>*TE JURISDICTION

C i v i l Appeal No. 1978 (MCE) of 1978.

. Rajaram Singh « . . appe l l an t

-Versus -

Nand Lai and o thers . . . . Respondents

'in e l e c t i o n p e t i t i o n (AIO. 17 of 1977) was

f i l e d in the Hid.h Court of Madhya Pradesh by

Shri Rajaram Singh, a defeated candidate

c a l l i n g in quest ion the e l e c t i o n of Shr i wand Lai

t o t h e Madhya Pradesh Leg i s l a t ive assembly from

21-Bhander (SC) cons t i tuency in the general e l e c t i o n

held in 1977. The e l e c t i o n p e t i t i o n was however,

dismissed by the High Court vicVe i t s order dated

17.3.1978 for non-compliance of t he requirements

of Sect ion 81(3) of t he Representat ion of t h e

People ^ c t , 1951.

Shri Rajaram then f i led an appeal in the

Supreme Court agains t the order and judgment of

the High Court . The Supreme Court, on t he statement

of t h e counsel for t he appel lan t t h a t t h e appeal

had become in f ruc tous , allowed i t t o be withdrawan

vide i t s order dated 6th October, 1983 without

any costs.

- 37 -

IN THE OUPRZI'LZ COURT OF Ii-IDUN-

CIVIL *»i-V£LL-T£ JURIbDJCTIOiSI

C i v i l a n n e a l No. 2641 of 1979.

Satya Pal . . . Appellant

- Versus -

Harchand Singh . . . Respondent

**n election petition No. 10 of 1977 had

been filed in the High Court of Rajasthan by .•

Shri Satya pal, an elect or^ in the constituency

caning in question the election of Shri Harchand

Singh to the Rajasthan Legislative assembly from

10-Pilibanga constituency in the general election

held in 1977.

The election of the returned candidate had

been challenged on the ground that the counting

was not fair and the returned candidate had

committed corrupt practices referred to in

Sub-section (1),(4) and (6) of Section 123 of the

Representation of the People <*ct, 1951. The

allegations of corrupt practices as also the

other allegations were not proved in the court.

So the election petition had been dismissed by the

High Court vide its order and judgment dated

12th January, 1979.

Contd, . ,

- 3 8 -'

The petitioner then filed appeal in

the Supreme Court against the order and

judgment of the High Court * Uhen the appeal

came up for hearing the counsel for the

appellant did not press the appeal as it had

become infructuous. The Supreme Court dismissed

the appeal as not pressed vide its order dated

5.10.1983.

- 39 -

IN THE SUPREME COURT OF IITDI^

CIVIL ^PPELI>iTIC JURISDICTION

C i v i l '-vyrjeal No. 2774 of 1979.

P,Venkatas-wami Reddy . „ . appe l l an t

- Versus -

N.Sr inivasulu Reddy & others T » . Respondents

*-n e l e c t i o n p e t i t i o n No, 4 of 1978 was

f i l ed in the High Court of ^ndhra Pradesh by Shr i

P.Venkataujwami Reddy, a defeated candidate

calling in question the election of Shri N.

Sriniwasulu Reddy to the -ndhra Pradesh Legislative

assembly from 134,, Venkatagiri constituency in

the general election held in 1970.

The election of the returned candidate was

challenged mainly on the ground that the counting

of votes was not done properly. The petitioner

prayed the High Court to order inspection,scrutiny

and recount of votes polled in the Constituency

and to declare him duly elected after setting

aside the election of the returned candidate. The

High Court allowed the request of the petitioner

partially and ordered inspection & recounting

of votes polled at 19 polling stations, ^fter this

was done, there was s t i l l a difference of 73 votes

between the petitioner and the returned candidate.

Contd. . .

- 40 -

Since this had not affected the result of

the election, the High Court dismissed the

election petition vide i t s order dated

lOth august, 1979.

The petitioner then filed an appeal

in the Supreme Court against the order and

judgment of the High Court. The appeal was,

however, not pressed by the appellant(Petitioner in

the High Court) as i t became infractuous. The

Supreme Court, therefore dismissed the appeal

without any order as to costs vide i t s order

dated lOijh November, 1933.

- 41 -

IN THE SUPREME COURT OFCIVIL APPELLATE JURISDICTION

(CIVIL APPEAL NO«687(KCE) OF 1981)

Chauhan Gabhaji Mangaji Thakore ..Appellant

Versus

Khuman Sinh Garnbhir

Rat hod &. Others. . ,, .Respondents

An election petition (no.3 of I960) was filed

by Shri Chauhan Gabhaji Mangaj i Thakore, a defeated

candidate, calling in question the election of Shri

Khuman Sinh Gambhir Rathod to the Gujarat Legislative

Assembly from 66-Dehgam constituency in the general

election held in May, 1980.

The petitioner had challenged the election of

the returned candidate on the ground that the nomination

paper of the returned candidate was improperly accepted

by the Returning Officer because of the non-compliance of

the provisions of Section 33 of the Representation of the

People Act, 19 51 and also Article 173 of the Constitution,

Since the petitioner could not prove the allegation, the

High Court dismissed the election petition with costs on

16th December, 1980*

The petitioner then filed an appeal in the Supreme

Court against the order and judgment of the High Court. The

Supreme Court, after hearing both the parties and going

through the judgment, of the High Court, did not find any

Contd...

42 -

reason to interfere with the case.. It,, therefore,

dismissed the appeal without any order as to costs/ vide

its order dated 22nd November/ 1983,,

- 43 -

IN THE SUPREME COURT OF I :

CIVIL ^PP3LI>vr:2 JURISTICTIOri

Civil appeal Ng; .1 95 (ftCEO.__

K.^.Vizhivendan . =, . appellant

- Versus -

Babu Janardhanan and another . . » Respondents

An election petition (Wo. 8 of 1980) was

filed by Shri K.-^.Vizhivendan, a defeated candidate,

calling in question the election of Shri Babu

Janardhanan to the Tamil Nadu Legislative Assembly

from 50-Cheyyar constituency in the general election

held in May, 1980. It was alleged in the petition

that the elected candidate had committed corrupt

practices under section 123(1) (2) and (4) of the

Representation of the People <*?t, 1951. The election

petition was dismissed by the High Court vide i t s

order dated 29.4.1981.

Shri K.^.Vizhivendan filed an appeal in the

Supreme Court against the order and judgment of the

High Court. The Supreme Court held that the

allegations made by the appellant were vague and

evidence led by him was far from satisfactory. I t

therefore, dismissed the appeal without any order

to costs, vide i t s order dated 23.11.1983.

- 44 -

IN THE SUPREME COURT OF

CIVIL "PyELI/tfZ JURISDICTION

C i v i l *i-appeal Ho. 1939 of 1901.

Bakin P e r t i n . . • appe l l an t

- Versus -••

Sobeng Tayeng & others .. • . Respondents

^ n ' e l e c t i o n p e t i t i o n (No. 2 of 1930) was f i led

i n t he Gauhati High Court by Shri Bakin Pe r t in , a

defeated candidate calling in question the

election of Shri Sobeng Tayeng to the House of the

People from ^runachal East Parliamentary constituency

in the general elections to Lok Sabha held in

January, 1980. The election or the returned

candidate was challenged 'on the grounds that,

his nomination paper was wrongly accepted and

also that during the election compaign a propaganda

had been unleasfted that people should refrain from

voting for the petitioner because he is a Christian.

The High Court, after fully'discussing the

evidence held that both these allegations wereco-.TiTdssiorr

not proved. Regarding the/ of corrupt

practice alleged, i t pointed out that in view

of the nature of the corrupt practice alleged,

the evidence falls short of the standard of proving

the said corrupt practice as laid down by several

decisions of the Supreme Court. I t therefore,

dismissed the election petition with costs vide

Contd,..

- 45 -

its order dated 3.4.1901.

The petitioner then filed the present

appeal in the Supreme Court of India against

the order and judgment of the High Court. The

Supreme Court after hearing the parties and

going through the judgment of the High Court

was satisfied that there was no error committed

by the High Court so as to warrant its interference

in the appeal* It, therefore, dismissed the

appeal without any order as to costs-vide its

order dated 9th November, 1983.

IN THE SUPREME COURT OP INDIA

(CIVIL APPEAL NO.3082 OF 1981)• • « * *

Brahamananda Malik .„,.Appellant

Versus

Rabindra Kumar Sethy & others. ....Respondents

An election petition(noc1 of 1061) was filed by

Shri Brahmananda Malik, a defeated candidate, calling

in question the election of Shri Rabindra Kumar Sethy to

the Orissa Legislative Assembly from 53-Nimapara(SC)

constituency in the bye~election held in November, 1980.

The election of the returned candidate was challenged

on the ma.in ground that his nomination paper was

improperly accepted by the Returning Officer. However,

the petitioner could not prove his allegation and the

election petition was dismissed by the High Court of

Orissa vide their order dated 1.9.81,

The petitioner then filed an appeal in the Supreme

Court of India against this order and judgment of Orissa

High Court. The Supreme Court tco4. finding no merit

in the appeal, dismissed the appeal without any order

as to costs vide its order datsd 23.11,1983.

- 47 -

IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION

(CIVIL APPEAL NO s HS9 OP 198 2)

Smt. Aalhing alias Lhingjaneng .•...Appellant

Versus

L.S.John and others .•..Respondents

An election petition (no, 1 of 1980) was filed

in the Gauhati High Court by SrrV. Aalhing, a defeated

candidate, Calling in question the election of Shri L»SO

John to the Manipur Legislative Assembly from 5l-Saitu(ST)

constituency in the general election held in 1980« Smt.

Aalhing challenged the election of the returned candidate

on the ground that he was disqualified under section 9A

of the Representation of the People Act, 19 51 to be chosen

to fill a seat in the State Assembly as on the date

of his filing nomination and als^ on the date of his

election, there subsisted contracts between him and

the State Govt. for the execution of some construction

work.

The High Court, however, had held that

Shri L,S,John was not disqualified as alleged as there

was no subsisting contracts entered into by him in the

course of his trade/business with the State Government

on the dates of his nomination and election. It, therefore,

dismissed the election petition with costs vide its

order dated 18.12.1981.

Contd.....

~ 48 -

The petitioner,, aggrieved by the order

and judgment of the High Court,, filed an appeal

in the Supreme Cou*"t. After examining the case/

the Supreme Court held that -

"while it is true that there was such a•contract in existence prior to 3O.11«1979,respondent no.l (returned candidate) wrotea letter on 30*11.1979 to the concernedExecutive Engineer stating that he wasclosing the said contract. The last datefor filing nomination was 10 «12,1979 * Itis argued that the contents of the saidletter do not have the effect of putting anend to the contract. After going throughthe contents of the letter it is absolutelyclear that the contractor uriilaterly put anend to. the contrail", and informed theDepartment concerned accordingly and alsohe had resigned from the contractor's listof P,W»DC Manipur, Thus, after this letterthe contract came to an end by breach andcontract was no longer subsisting. .,«„...."

The Supreme Court thus/ found no merit in

the appeal. It upheld the decision of the Gauhati

High Court and dismissed the appeal without any e-rder

as to costs vide its order dated 22nd Novembert 1983«,

- 49 -

IN THE SUPREME COURT OF INCIACIVIL APPELLATE JURISDICTION

(CIVIL APPEAL NO.26 18 OP 1983)

Arun Kumar Boss <• .« *Appellant

Versus

Mohd„Furkan Ansari and others ..»,Respondents.

An election petition was filed by Shri Mohd,

Furkan Ansari, a defeated candidate, calling in question

the election of Shri Arun Kumar Ebse to the Bihar

Legiste tive Assembly from 155-Jarr.tara constituency e.t

the general election held in .May, , 1980* The returned

candidate was declared elected because he secured

24 more votes than the petitioner.Shri Ansari, the

petitioner, in his election petition alleged that

7 4 ballot papers cast in his favour were wrongly rejected

on the ground that thay did net contain the signature of

the Presiding officer*

The High Court, Patna, after inspection of these

74 ballot papers, held that the rejection of these ballot

papers for want of the Presiding Officer's signature was

not justified and gave the petitioner credit of all

these votes. The Court, therefore, held that the

petitioner Shri Furkan Ansari, received 50 votes more than

the elected candidate, Shri Arun Kumar Bose, whose

election was then set aside.

Contd.....

- 50 -

Shri Arun Kumar Bose then filed an appeal in

the Supreme Court against the order of the Patna High

Court, During the trial of the appeal th^se 74

impunged ballot papers were placed before the Supreme

Court. On the basis of the evidence of Assistant

Returning Officer & Presiding Officer/ the Supreme

Court held that these 74 ballot papers were not spurious

and had been issued to the voters at the booth in the

course of the rx>llo It held that there was f.rAlux? on t

"t>\i> part of th? Presiding Offi^^r in nor. appendingpapers,

the signature on the ballot / The Supreme Court,

therefore, upheld the decision of the High Court in

counting these 74 ballot papers in favour of the

respondent Shri Mohd, Furkan Ansari.

The appeal was, therefore, dismissed by the

Supreme Court vide its order dated 28.9,1983 without

costs.

- 51 -

- III

O*SSS OF DISQU^LIFICWTIOJNB

During the month under review ninety-two

persons were disqualified under Section 1CA

of the Representation of the People <x:t,

1951 for their failure to file their accounts

of election expenses or the accounts filed by

them were not within the t:"me and/or in the

manner required by law. The names and other

particulars of these candidates are given in

the statement enclosed.

- 52 -

LIST OF PERSONS DISCI*vLT F TED UiOER SECTIONlOft. OF THE R . P O CT, ]_>^-L : '— jRING THE MONTH

OF DECEHK.R," 1983 . .

S".No7 & Name~o? Name~ind"~rtddre'sses~ Date~"of" Date onConstituency. of disqualified disquali- which the

persons. f icat ion.disqual i f i -cation willstand remove

Z Z Z I Z Z Z Z Z Z Z Z Z Z Z Z2Z Z Z Z Z Z Z3Z Z Z Z Z Z I Z IGUJARAT HOUSE OF THE PEOPLE

1 . 5.Porbandar Shri Gagliya Ramshi 7.12.83 7.12.86

Villo Sanosara,Via, Verad.,Post Sansosara,Gujarat.

2. 5.Porbandar Shri Barot Pratapsinh 7O12.83 7.12.86Jematsang,Behind Shingada,Math, Porbandar,Gujarat,

3. 5.Porbandar Shri Dangar Ram Vala, 7.12.83 7.12,86Village Meli Mejethi,Taiuka Upleta,District Rajkot,Gujarat.

^NDHRA PRADESH LEGISLATIVE ASSEMBLY

1. 89.Bandar Shri UppiretlaVenkateswara Rao, 7.12.83 7.12.86H. No. 28/78,Balaginagar,Circlepet/Machilipatn3.m,,^ndhra Pradesho

2. 121. Darisi Shri Bellam PedaRamaiah, 7.12.83 7.12.86Dekanakonda/rarlupaduTaluk, Andhra Pradesh.

3. 136.Satyaveduisc) Dr. S .Rajarathnam, 7.12.83 7O12.86S/o Parades! alias

Colony, Satyavedu,Pradesh.

Contd...

- 53 -

4. l50

Pradesh (Contd.)

,Kodur( SC) Shri Madduri SubbaMarasimhulu,y y p

Kodur Taluk,Pradesh.

5. 15O.Kodur (SC)

7.12.83 7.12.86

Smt. ModapothulaSakuntalamma, 7.12.83 7.12.86Mylapalle,Gollapalle,Kodur Taluk,

Pradesh.

6. 215.Karwan

7, 230.Balkonda

8. 23 9.Mudhole

Shri Rajender Kumar, 7.12.83 7.12.865-3-205,Hindi Nagar,Hyderabad.

Shri Mastha Narayana, 7.12.83 7.12.86Harijanwada MorthadVillage, Bheemgal Taluk,

Pradesh.

Shri Rajendra Rao, 7.12.83 7.12.86Post Basar Taluk,Mudhole, <*ndhra Pradesh.

9. 2-10.Nirmal Shri Koripally LingaReddy, 7.12.83 7.12.86Ponkal Village,Nirmal Taiuk,

Pradesh. •

10. 245,Luxettipet Shri Kanikaram Rajanna,7.12.83 7.12.86Laxmikanthapuram Vi l l .Post. Dwaraka,

Pradesh. „

11. 274.Bhadrachalam(ST)Shri Turram Podiam Dora,7.12.83 7.12.86Chatti Village andPost, Bhadrachalam,Taluk, «ndhra Pradesh.

12. 275.Bu3urgampahad Shri Lingaiah Chanda, 7.12.83 7.12.86^ s •> S/o Sammaiah,

Chirramalia (PO),Manugur Taluk,Khamrnam Districts

Pradesh.

Contd...

- 54 -

Pradesh (Contd.)

13. 276.Kotnagudem Shri Linqa viswanatham,7.12.83 7f12.86Thirumala agency,New Palvancha,

/ ^ndhra Pradesh.

14. 278.Madhira Shri Yadavalli .Ramaanadhasarma, 7.12.83 7.12,867-2-311/Rikka Baza r ,Khammam, ^ndhra Pradesh,

7.12.83 7.12,86

Sudimalla ^•"•ndhra Pradesh.

16, 284.Suryapet (SC) Shri Yedla Gopai^hA 7.12.83 7.12.86National High Way,Vijaya Colony.,S d h Pradesh.

15. 28l.Shujatnagar Shri GarimellaSatyanarayana,.Shambhunigudem

17. 28i.Suryapet (oC) Shri Siveneni ^nthaiah, 7.12 .83 7.12.86Old Fire Station,S Pradesh.

18. 285.Kodad Shri JanimiyyaSNew Bus Stand,Soda Shop,-Kodad;

Pradesh.

7.12.83 7.12.86

19. 285.Kodad

2O. l49.Tirupathi

Shri Ramaiah Kota,Kodad Village,Kodad Taluk,*^ndhra Pradesh.

Shri PoMunirathnamReddy,2-203, PerindesarnmaThota, Tirumala,A Pradesh,

7.12.83 7.12.86

7.12.83 7.12.86

Contd. . ,

- 55 -

_ I _ASSAM LEGISLATIVE -SS.]MELY

1. ll.Dholai(SC) Shri K-^al CharoRabi.nar,,Kabuganj ., Distt»,

7.12.83 7.12.86

2. 14.Barkhola

3. 29. KokrajharWest (ST)

4. 39. Jaleswar

5. 52.Dispur

S. 55.Hajo

7. 85,Rupaihahat

8. 31,Hojai

9. 93.Bokakhat

H2.Dhakuakhana(ST)

Shri Hari KishoreSinqha, 7.12.83Vil 1. Patharig'^rn,P.O. Dudpat.'L.l.,D i s 11:,., & a c ha r,Assam.

Shri Sarbeswar Brahma/7.12.83Vill :Panijani,P.O. Bhumke,Distt :Gr

Shri Marol Khandakar, 7.12.83Vill :P.O. gDistt : Goaipdra,Assam.Shri Dhiren Lyndoh, 7.12,83Vill rMoidam,.Be2to:.a /Gauhati-2f3 /As s am 5

Shri Moslim ^li, 7.12.83Vill : Helacha^.O.Khudra Dimu, Distt,,K

Shri ^bdal Quddus,Vill. & P.O.

Distt :•"•ssam.

Shri Baroda KantaRoy,Vill :Bhokowabasti,P«C. Boroha,DisKowgong, Assam,,

Shri Tarun Baruah, 7.12.83Bho la i /P .O .Bho lag U r i /

,D i s t t . ,

p /Kherkatamukh,Di st tl A k V d r ,• ^ s s am.

7,12.86

7,12.36

7.12.86

7.12.86

7.12.86

7.12.83 7.12.86

7.12.83 ' 7.12,86

7.12.86

•nri Daulat Pegu, 7.12.83 7,12.86

Contd. . .

- 56 -

(Contd.)11 . 112.Dhakuakhana Shri Pararaa Doley, 7.12.33 7.12.36

(ST) <vrkep Gaon,- P.O. Kherkatamukh,

D i s t t . Lakhimr•ur.

12. 112.Dhakuakhana Shri Guharam Lagachu, 7.12.33 7.12.86(ST) Shurna Lagachu Gaon (<0 ,

P.O. Kanqkan Chapo.ri,D i s t t . Lakhimpur,

13. 112.Dhakuakhana Shri Moying Pegu, 7.12.83 7.12.86(ST) Dangdhara Kathalguri/

P.O. Kekur i /Dis t t . /Lakhimpur, ^ssaro,

14. 112.Dhakuakhana Shri Lal i t Pegu, 7.12.83 7.12.36(ST) No. 2, Barsamukh,

P.O. Barsamukh Gaon,Distt. Lakhimpur,Assam.

15. 113.Dhemaji (ST) Shri Dharm<3swar Doley, 7,12.33 7.12.36Sissikalghar,, P.O.S i s s ikalqhar ,Di st t . ,Lakhimpur, nssam.

16. H3.Dhemaji (ST) Shri Ba sa n ta Doley, 7.12.83 7.12.86Okhamat i , P . 0 . Okhamati,Distt.Lakhimpur, ^

17. 113. Dhemaji(ST) Shri Mukta Ram Pegu, 7.12.33 ' 7.12.86J i adha t ,P .0 . J i adha t ,Distt.Lakhimpur,

18. 116.Dibrugarh Shri Amrit Borgohain, 7.12.83 7.12.86Naliapool,Dibruqarh,Assam.

19. 121.Chabua Shri Jibon Kurmi 7.12.83 • 7.12.86Ninpuri Dora Gaon,P.O. Winpuri DonGaon, Dibr ugarh, -^

20. 123.Digboi Shri Banamali Nayak, 7.12.83 7.12.86P.C.Chamdang,Doom DoD i t .Dibrugarh,,^ssa

21. 126,Sadiya Shri Karam Singh 7.12.83 7.12.86Bhumi j ,Chengeli Gaon., P.O.Di ,Dis t t .Dibr^garh ,

Contd..

- 57 -

JAMMU & KASHMIR

1. 3 2.Shopian

2 . 43.Leh

3 . 62 / Jammu East

L5GISI>VTIV;: ASSEMBLY

Shri Nizam-ud-din,R/o Choutipora,Shopian,Distt. Pulwama,Jammu. & Kashmir.

Shr i Sonam NangchukNarboo /R/o Ska ra,Leh,LadakhvJamina & Kashmir.

Sh r i Subhash Chander,Ambica Bhavan,J a i n Bazar, Jammu,Jammu & Kashmir.

7.12.83 7.12.86

7.12.83 7.12.86

7.12.83 7.12.86

175»Dharwar

3. 188.Gadag

4. l88.Gadag

2. 182.Hirekerur Shri Bairol

Shri Hnand Hosagoudar, 7,12.83 7.12.86General Secretary,,P.G, Gymkhan,KarnatakUniversity, Dharwar,Dharwar District,

7.12.83 7.12.86p p /

Hirekabbar,HirekerurTaiuka,Dharwar Distt.

Shri Kanavi MaliaPpaKotepr>a,Maiiikarjun Road,Hospet Oni, Betageri,Gadag, Distt. Dharwar,Karnataka.

s^ri Khunapur Andanappa

7.12.83 7.12.86

p peth, Gadag,Distt. Dharwar,Karnataka,

7.12.83 7.12.86

- 58 -

Karnataka (Contd..)

5. 3 6.Kudl.igi Shri Channapna,S/o Shri HanunPothalakatt.i,ThimmalapuraHospet Taluk,.Distt. Bellary,Karnataka.

6. 19O.Naragund Shri Jogi Sangappa

4

7,12.33 7.12.86

Baiaqanur, Taluk Gadag,Distt. DhKarnataka

7.12.83 7.12.86

186oShirhatti Shri BeerajobiBasavanthappa Mallappa, 7.12-. 83 7.12.86Post at Koganur,Taluk Shirahatti,DistrictKarnataka.

8, 186.Shirhatti Shri Malleshaj> p a

9. 186.Shirhatti

Beerappa,Shirahatti, Distt.Dharwar, Karnataka.

Shri JogiSangappaKallappa,Post at Balaganur,Taluk Gagad,Distt.D h , K a r n a t a k a „

7.12.83 7.12.86

7.12.83 7.12.86

10. 187.Mundargi Shri Kattimani pYankap,a/At. Nundargx, DistrictDha

7.12.8^ 7.12.86

11. 187.Mundargi Shri Kavalur ShankrappvVeerappa,*t G

gDharwar,

/ P.O.Kadadi,^,District

7.12.83 7.12.86

12. 187.Mundargi DevarajShri r b h jThakareppa 7.12.83 7.12.86*t Beldhadi, Taluk Gadag,District Dh

Contd...

59

(Contd .)Shr:"- D-.xl.i~ma.ni Veerappa 7.12.83 7.12o 86

13. 187.Mundargi Hul^'qapna,•M; K.irr-w"iddatti,

Distt,. Diiarwar/Kar n

14. 187.Mundarqi Shri Baraker Honnap-:.aDuragapj.a, 7.12.33'icivxiste, Kust^qi Chawl,Gadaq, Dj.stt,

15, l87.Mundarqi Shri PuiarLok^ppa, 7,12.83 7.12<,86^t VeerS-pur Lamandi"TTanda, P.O. kalakeri ,

• Taluk Mundargi Dis t t ., Karnataka.

16. 191.Navalgund bhri Widavanl ChanabasappaHoliyappa, 7,12.83 7^12.86^t Post : Halakusucjal,Taluka Navalqund,,Distt.Dharwar, l<arna

17, 53.Kallambella Shri S.K., Javanna, 7,12.83 7.12.86

Barakanal Post,Chikanavakanahally Taluk,Tumkur Di s t t . K

18. 67.Baqepaili Shrimati Lelithamma, 7.12.83 7.12.86W/o Shri R.Lakshminarayanna,H.No, 289,18th CrossSainpaiqa Road, Malleswaram,Banqalore-560003.

19. 72. Batharnanqa la (SC)Shri R.Muniswamy, 7.12.83 7.12.86S/o Rarhaiah,5l,Desihaili Majara,Paiavathimmanahalli,Banqari>et Taluk, Dist t .

20. 63 .ChiknaikanahaHiShri T.Siddaiah, 7.12.83 7.12.863/o Shri Thimmaiah,iJoddavannegere,ChiknaikanahaHi Ta.1 uk,Tumkur D i s t t . Karnataka.

Contd...

- 60 -

Karnataka (Contd.)

21, 63oChiknai3<:anahailiShri H.Rangappa,S/o Shri Huchegowda,Barag ur, Handan^kereHobli, Chikna.ikanaTaluk, Dist t . Tumkur,

22. 75.Malar

7.12.33 7.12.36

Shri Munivenkatapna,S/o Shri Channappa,Yaluvahalli,NeliahalliPost, Malar Taluk,District

7.12.83 7.12.86

23. 27, Yelburga. Shri PrabhurajLingangouda Pati l ,Sanganhal, TalukYelburga, Distt.Raichur,

7.12.83 7.12.86

24. 27.Yelburga. • ' Shri ShekharayyaBasayya,L.M.Shekharayya,Bhanapur, T a i ^ Yelburga,Distt. Raichur,Karnataka.

7.12.83 7.12.86

25. 157.Tarikere Shri G.K,Siddaiah,S/o Shri Kullaiah,Malalichannenahaiiy/Belenahally Post, •Tarikere Taluk,Distt. Chikrnagalur,Karnataka.

26. 71. Kolar Gold Shri M.Ganeshan,.. FieJ.ds.(SC) S/o Shri Muniswamy,

9-R,Block, GupthaLayout, Ulsoor,Bangalore-8.

27. 25.Sindhnoor Shri Prernraj,.Pramraj Banamal Mootha(Hull Salt) ,Sin

Dist t . Raichur,

7.12.83 7.12.86

7.12.83 7.12.86

7.12.83 7.12.86

Contd,

- 61

(Contd.)

28. Dharwar Shri Rainaswamy BheemappaRural Surpur, 7.12.83 7.12.86

C/o Shri C.c.patil ofNuggiXeri, Post Yarikop,Taluka Dharwar DistrictDharwar, Karnataka.

29. 38.Hadagaili Shri D.M.Yunus, 7.12.83 7.12.36S/o Shri Haji Abubakar Sab,• •rasikere Post,Harapanaha H i Taluk,Distt. Beliary,

Karnataka.

30. 51.Pavagada (SC) Shri M.Anjanappa. 7.12.33 7,12.86S/o Shri Muthyalappa,Ballenahalli,Thippaiahn&durga Post,Pavagada T31ik.,Tumkur Dis t t . Karnataka.

3 1 - 201 Shri Maladinni SureshShabappa,. 7.12.83 7.12.86•t Post Naganur, Taluk

Gokak, Dis t t . Belgaum,Karnataka.

3 2. l86.Shirhatti Shri Kadakol TakanagoudaYallappagouda,Post at Honnikoppa,Taluk Savanur, Distt.Dharwar,

7.12.83 7.12.86

33. 187.Mundargi Shri Hadimani

At Kaiaspur.. TalukGadag, Distt.Dharwar,

7.12.83 7.12.86

34. 217.MacMebihal Shri Basappa SiddappaJamkhandi, 7.12.83 7.12.86Editor Daiapati, Weeklynewspaper, Muddebihal,

Contd..

62 -

(Contd.)

35. 185.Haveri Shri DroupakkanavarSatyabodha Rajacharya, 7.12.83 7.12.86•^grahar Road,Haveri,Distt. Dharwar,Karnataka.

36. 183.Ranibennur Shri Malhar HanuroantraoKulkarni, 7.12.83 7.12.86Kulkarni Gaiii/Ranibennur.. Distt.Dharwar,Karnataka.

37. 183.Ranibennur Shri B.G.Talawar,BOA., LLeBR, 7.12.83 7.12.86advocate,ShubhashayaBuilding, Near P.W.D,Office, Ranibennur,

3 8. 120. Chainara-janagarShri Y.M.Puttamaiiappa, 7.12.83 7.12.86Yeragambaiii post/

Yelandur Taluk,Mysore District,Karnataka.

39. l91.Navalgund Shri Benthu Hanamaraddi- Shivaraddi, 7.12.83 7.12.86^t Post Datnai, TaiukaNavalgund, Distt.Dharwar, Kar nat aka,

40. 22. Shri Sawarappa,S/o Shri Kariyappa,Post Manchalapur,Via. Yermarus,TalukRaichur, Dis t t . Raichur,K

7.12.83 7.12.86

41. 199.Bagewadi

42. 27.YeIburga

Shri Patil Shivanaqou daChanagouda alias " ~"Kunrlaraacl P ? - t i l , ' 7 . 1 2 . 8 3 7 . 1 2 . 8 6552, Mathgalii, Belgaum,District Belgaum,Karnataka.Shri K.R.Thippanna Nayak, 7.12.83 7.12.86Hxrejantakal,TalukGangavathi, Distt.Raichur,

Contd...

- 63 -

I I I I 2 I I ZS"LEG I S I> iT IVE AS Li !-1B JiY

1. 225. Tiruchendur s^r± N.lieganathan, 7.12,33 7.12,86S/o tfev:wuna Madcir/108 Mann^nv^.I'"-i Post ,

Tamil Mrdu,

2, 225,.Tiruchendur Shri R, Ramiah, 7..12.83 7,12.86S/o Raman..3 9,- KattuparmakudiParamakudi Taluk,-

pDis t r ic t , Tamil Nadu.

3 . 225..Tiruchendur Shri ^.Elangovan/ 7.12.83 7.12.86S/o Arumuga Nadar,6, East Street,

Tamil Nadu.

* * * -k -k

* * *

.- 64 -

CHAPTER -•- XV

oosal of Elacf'en Iktit.ion;

During the month m v - -..view intimation regarding

disposal of eight more election petitions by different

High Courts was received .in the Commission. Eighteen

appeals were disposed of by the Supreme Court during

the month whereas two mere appeals were filed before

it, Ar3 Order for the withdrawal of one election

petition passed earlier was subsequently cancelled by the

High Court of Maharashtra as the withdrawal proceedings

hac] not been fully completed and one more election

petition was filed in the High Court of Gauhati from

the State of Assam,

• Thus at the close of the month under review/ 245

election petitions were pending for disposal in different

High Courts of the country and ?9 appeals were pending

in the Supreme Court. A statement showing period, for

which these election petitions in different High Courts

and appeals in the Supreme Court are pending

is annexed (statement no.VII).

Details of these election petitions filed, disposed

of and pending in the High Courts and appeals in the

Supreme Court are furnished in six separate statements

(I to VT) annexed.

... I

GENERAL ELECTION TO THE -LEGISLATIVE ^ , 1972.,

Number of election petitions filed, disposed of, Trending in theHigh Courts, and. Appeals pending in the Supreme Court.

(as on 31.12O1983.)

No. Name of S t a t e / j Election..Pefciiilons ,,in the High Court .UnionTerritory.

Filed| ffJpto the" iDuringt lend of jthe

month":-Month.4 5 "

Filed Disposedin the Supreme Court.

Upto the }Duringd f i thend of

_ ^the8 9

}i theLn

10

PendingTotaj

11 12

1 .

4,

5.

6.

7.

10,

11.

12.

13.

14.

15.

16,

17.

18,

•"•r-.dhra Pradesh'»ss3in

Biher

Guiar'vtHaryana

Hi.rfiB.ehai Pradesh

jammu & Kashmir

Madhya Pradesh

Maharashtra

Ma.ni.pur

Meghalaya

Punjab

Rajasthan

i r ipu ra

West Bengal

Goa.Daman & Diu

J221 hi JMSt rpj22.1i tj

103

40

829

13

41

50

8528

21

14

2

1

1

A

103

40

829

13

41

50

852

8

21

14

2

1

1

_4_

103

40

8

29

13

41

50

852

8

21

14

2

31

81

17

4

5

15

4

1

2

6

3

1

...2

31

81

17

4

5

15

4

1

2

5

3

1

31

81

17

4

5

15

4

1

2

5

3

1

260 260 2 60 73 72 72

s..

3.

1,

2 ,

3 ,

4,,

5 .

6 .

7 ,

8 .

9 c

10 „

1 1 ,

12,,

GENERAL ELECT

Number of election

ION T

petitHiqh Courts and ap-

No4 Mane of Sta te /! Unionj Territory.i

2

'•>.- j'-.r-J- P r a d e s h

^C:--m (1978)

Bir:.:,r (1977)

Havana (1977)

ti.im?3.cha 1 Pr ad e sh

jeiinu & Kashmir(1-7 7)

Kamataka (1979)

Kerala (1977)

Madhya Pradesh(1977)

Maharashtra (197 3)

Megha.laya (1978)

Nanaiand (1978)

' ElectionPiled

3

21

9

3 1

7

5

19

74

19

28

13

1

9

Upt oend olast

4

21

9

3 1

7

5

19

74

19

• 28

13

1

9

_ 66 —

EMEU? — I I

0 THE LSGISL *

ion.3 f i l e d , deals in the 3

petitions inDisposed of

thefmonth«

Duringmonth.

5

-

-

-

-

-

-

-

-

—

nvE s^sKBLIES, 1977-

isposed of-, pendinq inuorems Court o

the Hiqh

Total

6

21

9

3 1

7

• 5

19

74

19

28

13

. 1

9

( "S on

Court.FencTing

i;ppeaFilec

7 8

6

3

6

2

_ _

4

6

6

- -

— 1

t h e

31.12*1983) „

].s in the 3viDispc

•TJpto theend oflast'month*

9

6

1

4

1

—

2

4

6

6

2

— -

1

I)rp[i,P Cfj^-h

sea or PeDuringmonth,

T o t a l

10 11

6

1

4

1

— _

2 4

4 '

6

— 6

2

— _

_ 1

nding

12

2

2

1

_

-

-

—

-

—

C o n t d . . „ . .

- o / -

- ^ 2 3 ^ 5 - 7 ~ 8 9 10 11 12"

13. Orissa (1977) 6 6 - 6 * 1 1 - 1

14. Punjab (1977) 16 16 - 16 - 10 9 - 9 1

15. Rajasthan (1,977.) 18, 18 - 18 - 4 4 - 4

16. Sikkim (1979) 2 2 - 2 - . -

17. Tamil Nadu(1977) 88 - 8 - 5 5 - 5

18. Uttar Pradesh * .(1977) 37 36 - 36 1. <5 7 ' 7 2

19. West Bentai(1977) 1 1 - ! _ _ _ _ _

UNION TERRITORIES :

1. Delhi (1977) 4 4 - 4 - _ _ _ - .

2. Goa,Daman & Diu(1977) 1 1 - 1 ~ 1 1 - 1

3 . Mizoram (1979) 2 2 ' " - - 2 , - 2 - - 2

4 . Pondicherry(1977) 2 2 - 2 - - - -

TOT^L: 333 332 - 332 1 72 60 2 62 10

- 68 -

STATEMENT - I I I

GE i\E 1980 .

Number of election pet i t ions filed, disposed of and ppnding_in'the High Cou;;_ts and appeals in the Supreme Court.,

on 31.12.1983) .

S.NoIf Name of S ta te /UnionTerr i tory.

Election _PetTtrpns. in the High Court, pyppeals in the" 5"uprerne Court.Filed , Disposed of Pending Filed ,' Dispq.sed~g.f "Pending•

Up to theend of

Duringthe

_la.st_monthl month*.4 5

Total Upt.o theend of

month,8

Quringthernonthc

10

Total

11 12

1.

2.

3.

4.

5.

6.

7.

8.

9.

10,

11.

12.

"•ndhra Pradesh

Bihar

Gujarat

Hary^na

Himachal Pradesh

jammu & Kashmir

Karnataka

Kerala

Mad hya Prad e s h

Maharashtra

Orissa

Rajasthan

1X

14

2

1

1

2

1

1

4

6

1

2

1

6

2

1

1

1

1

1

4

5

1

1

1

6

2

1

1

1

1

1

4

5

1

1

8 1 1

1 — 1

C o n t d . . . .

- 69 -

1 _, 2 3 4.

13. Tan)il Nadu l i

14. Tripura 2 . 2

15. Uttar Pradesh 14. . 11

16. West Bengal 2 1

17o ^runachal Pradesh 1 1

18- Delhi 2. 2

19. Dadra & NagarHaveli " 1 ... l

_ 6

1

2

11

1

1

2

1

8

1

1

3

.9.

1

10 11 12.

1 —

1

2 13

1

TOT^L 59 44 15 12

*The High Court has intimated tha t the withdrawalproceedings are not yet completed and has assuch cancelled i t s earl ier intimation aboutthe withdrawal of the peti t ion.

70 -

STATEMENT - IV-

s

1

2

3

456

7

89

10.

11.

12,

13.

14,

GE'^R.^L ELECTION TO LEGISLATIVE

Number of election petitionsHinh Courts

.No. Name of State/UnionTerritory.

1 2

„ Bihar

. Gujarat

. Kerala

. Madhva Pradesh

. Maharashtra

. Manipur

. Orissa

, Punjab. Rajasthan

, Tamil Nadu, Uttar Pradesh

^runachal Pradesh

Goa,Daman & Diu

Pondicherry

TOTAL

and appeals

Election Petit"FJ-1O

3

39

5

8

23164

4

4220

1729

1

2

1

211

u u:Upto theend oflast month

4

13

4

820154

4

398

1218

1

2

1

149

filed.in the

-on inL_sp_osedDuringthe'month.

5

-

-

-

. —--

-

1-1—1

-

—

-

3

ASSEMBLIES,

disposedSupreme

the Hiqhor

Total

6

13

4

8

... 20154

• 4

409

1219

1

2

1

152

of,Court

Court

1980.

pendina

Eendina

7

26

1

—

31—

-

211

510

-

—

-

59

in the

3 on 31.12.1983).

appeals in the SFiled

8

1

1

2

52I-

11-

105

1_

-

39

upremeDisposed of

Upto theend of

last month.9

1

1

2

3-1—

1-

7- •

1

-

17

Duringthemonth.10

-

-

-

11-

-

4-

21

—

-

9

CourtPendinc

| Total

_[11

1

1

2

411

-

5-

91

1

-

26

12

-

—

-

11-

-

6-

14

-

-

13

- 71 -

- V

GENERAL ELECTIONS TO L"r;iSL.VTIv:£ *iSb5HBLIE3, 1982.

Number, .of, e lect ion petition;? f i led, disposed of. pending in theHigh Courts, ahd appeals, in the Supreme Court. J

(i s on 31«12.1983.)

S.NoJ Name of State/j Union

Territory.

.Elec t ion Pe t i t ions in the High Court.Filed__ PA§J2L J § .§ ( L_2 . JL '. Pend ing

.Upto thefend of{last month.

Duringthemonth.

Total

in theSupreme Court.Piled Disposed of

jupto thePendina

[end of[lasi month.

Duringthemonth.

Total

1. Kiiifechal Pradesh

2. Haryana

3 . Kerala

4 . West Bengal

5. Nagaland

3

12

27

15

8

4

4

7

24

14

3

i

5

1 8

24

14

3

1

4 '

3

1

5

3

4

11

4

2

1

2

2

5

2 2

12.

-2

6

TOTAL 66 49 50 16- 19 9 10

- 72

- VI

GEiSER L ELECTION TO THE LEGISLATIVE ASSEMBLIES, 1QB3

Number of e l ec t ion p e t i t i o n s f i led , disposed of, pendingin the High Courts and, .appeals in the Supreme Co'ai;t_t_

S.Nb.,' Name of S t a t e / _IUnion

!

J

:he High Court,,Filed Disposed of Pending

iDTTtcTThe j Uurirfg i Totaltend .'ofil.ast month.

themonth.

4

on 31.12.1983.)

in the Supreme Cour-tFiled Disposed of Pen

Upto theend oflast month.

Duringthe

8 10

Total!

L

1.

2.

3.

4.

5.

6.

7.

^•ndhra Pradesh

Assam

jammu & Kashmir

Karnataka

Meghalaya

Tripura

Delhi

39

6*

76

22

5

4

14

8

2

1

2

1

30

6.76

22

5

2

13

TOT^L 166 8 12 154

One Election Petition has not yet been qiven any number by the High Court RegistrF •

- 73 -STATEMENT -• VTJ

STATEMENT SHOWING PERIODS F C , WHICH. ELLCTIONPETITIONS IW THE HIGH COURTS ^WD PPE^LS IN

THE SUPREME COURT ^RE FEEDING •

>

5

7

8

9

10

1 1

12

13

14

15

16

17

18

19

2O

ne of State/l^ss th~anion a yeare

rritory^.1• •ndhra PradaPradesh

, ^ssani

. Bihar

. Gujarat

. Haryana

„ HimachaiPradesh

•» Jainmu &Kashmir

. Karnataka

„ Kerala

. MadhtyPradesh

. Maharashtra

. Manipur

. Meghaiaya

, Nagaland

. Punjab

. Rajasthan

. Tamil Nadu .

. Tripura

. UttarPradesh

, West Bengal

HC2

sh30

6

-

-

mm

76

22-

-

-

-

5

-

-

-

-

2-

—

UNION TERRITORIES1

3

4

@

Pradesh

. Delhi

. Mizoram

, Goa,Daman &Diu

13

-

-

TOT^L: 154Includes an

L sc1 3

1

_

-

-

6

2

~

2

-

1-

2«-

--

1

2

-

17 .

Between1-2 years,

HC I4 £

——-3

4

-

1

—

-MM

3-

--

-

5

...

—

-

16 1appeal pending

SC5 _

-

-

—

-

aw

-

rH

-

-

-

4

1~

1

4

-

-

—

-

1

"Between2-3 year

L_ HC 1

_ 6 I

-26

1

-

mm

-

-

3

2-

-

-

2

11

5

-

13

-

—

_

-

63for more

****** X *

*

sc7

—•

-

-

-

-

-

-

-

-

-

-

1

-

1

—

—

-

2

(•M-S o n 3 1 .

TBetewwn^13-4 years

j _ - HC j_SCi _8_ L9_

_ _

8

_ _

1

- -

-

1 ~_

-

-

1

_ _

_ _

- -

11than 8 years.

12.1983.)

over

HC10

-

-

-

-

-

-

-

—

-

-

-

-

—

1

—

—

-

1

| SC

i n

2

2

-

1

-

-

—

-

-

-

-

-

-

2

-

-

9

- 74 -

CHAPTER - V

Vacancy Statement

^t the end of December, 1983, there were

12 vacancies in the House of the People and

32 vacancies in the Legislative Assemblies-of

various States and Union Territories. In the

Council of States there were only two vacancies

and in the State Legislative Councils, the ;

number of vacancies were 144 (including 1Q.

casual vacancies). Details of these vacancies

are furnished in the enclosed statements.

- 75 -

Tota l Number Qf s e a t s i n Council of S t a t e sand L e g i s l a t i v e Councils and vacanc i e s .

• ( <AS on 31.12.1983) .

S.No. Name of S t a t e / Council of S t a t e s L e g i s l a t i v e CouncilUnion Tota l Vacant To t a l VacantTerr i tory . C R C R _

_1 _2 3 4 5 6 7 8 _

1. ^ndhra Pradesh 18 90 6 12. Assam .. 1 - - -3. Bihar 22 - 96 1 394. Gujarat:-., 11 - -5. Haryana 5 - - - -6. Hirnaqhai • Pradesh 2 - - -7. Jammu & Kashmir 4 - 3 6 2 -8. Karnataka 12 - - 63 - 2 19. Kerala 9 - - -

10. Madhya Pradesh 16 - - -11. Maharashtra 19 1 - 78 1 712. Manipur 1 - -13. Meghalaya 1 _ -14. Nagaland l - - -15. Orissa 10 - - - -16. Punjab 7 _ _ _ _17. Rajasthan 10 - -18. Sikkim 1 - - -19. Tamil Nadu 13 _ _ 63 - 2120. Tripura l - _21. Uttar Pradesh 34 - _ ioo - 4522. West Benqai 16 - -

UNION TERRITORIES :

1. Andaman & N. Islands - - - - -2. ^runachal Pradesh 1 - - -3. Chandigarh - - -4. Dadra & N. Haveli - - -5. Delhi 3 - -6. Goa, Daman & L»iu - - _ - _ _7. Lakshadweep - - - - - _8. Mizoram 1 . - - _9. Pondicherry 1 - 1 - - -

TOTAL: 23 2 1 1 534 10 134

C = Casual Vacancies. ~ ~ - — —R = Vacancies due to retirement.

Details of vacancies are shown in the enclosed statement,

- 76 -

- II

Total, number of seats in the House of thePeople and State Legislative Assemblies and

vacancies.(s on 31.12.1983).

S.Nb. Name of State/ House of the People Legislative assemblyUnion Total vacant Total Vacant

_ _ _ T.err;Ltory_.__1 2 2 5 6.

1. ^ndhra Pradesh 42 - 294 22. ^ssarn 14 7 126 173. Bihar 54 2 3 244. Gujarat 26 - 1825. Haryana 10 - 90 -6. Himachal Pradesh 4 1 68 17. Jammu & Kashmir 6 - 76** 18. Karnataka 28 - 2 249. Kerala 20 - 140 2

10. Madhya Pradesh 40 1- 3 20 211. Maharashtra 48 - 28812. Manipur 2 - 6013. Meghaiaya 2 • - 6O -14. Nagaland 1 _ 60 -15. Orissa 21- - 14 716. Punjab 13 1 117 117. Rajasthan 25 - 20018. Sikkim 1 - 3 219. Tamil Nadu 3 9 - 234 420. Tripura 2 - 60 -21 . Uttar Pradesh 85 - 425 122. West Benrjal 4 2 - 294 1

UNION TERRITORIES :

1. Andaman & N. Is lands 1 -2. ^runachai Pradesh 2 - 30 -3 . Chandigarh 1 - _4-. Dadra & N. HaVeli 1 -5. Delhi 7 - 56i>6. Lakshadweep 1 - _ _7. Goa, Daman & Diu 2 308. Mizoram 1 _ 30 -9. Pondicherry 1 - 30 -

TOTVvL 54 2 12 3997 32NOTE: Details of vacancies are shown in statement enclosed."

** Excluding 24 seats ear-marked for Pakistan occupiedTerritory.

@ Metropolitan Council Constituencies.

VACANCIES IN P<\R LAMENT AND ST^TS LEGISLATURES .

Name of State

1

Pondicherry

Maharashtra

No. ofseatvacant.

2

1 -

1

Wo. & Name o fconstituency.

3

COUiSCIL

By members

By members

Ca<useofvacancy.

4

OF STATES

By retirement

Death

(As

Date ofvacancy.

5

27.7.83

5.12.83

on 31.12.

Date ofp o l l .

6

1983

T h e

. )

Remarks

7

Commission he

1 .

2. Bihar

HOUSE OF 'Hi:. PEOPLE

5.Kokrajhar6.Barpeta3 .i-'jangaldoi9.Tezpur

lO.Nowgonq13.Dibrugarh14.Lakhimpur

5.Siwan2 9.Banka

No. nominationswere-filed inthese constituenciesat the generalelection to LokSabha in December/1979 and Jan.,1930.

DeathRegn.

4.12.8329.12.83

t to f i l lup this vacancy asthe term of thedeceased member wasdue to expire on2.4.84.

The poll fixed for17/20.2.33 wasadjourned. In caseof Mangaldoi p.c.the poll has beencountermanded dueto the death of acontesting candidate,

3. HimachalPradesh 2 .liandi Regn. 17.10.83 -

4. "MadhyaPradesh 4O.Mandsaur Death 7.10.83 -

C-mtd..

.2.

1

_ 4 .

Regn.

5 6_

22.7.82 -5. Punjab

1. AndhraPradesh

?,. Bihar 39

6.Hoshiarpur

LEGISLATIVE COUINCILS

Hyderabad L.^ . ., Re t i red

Patna L.A.Bhojpur L.rt.Saran L.A.'.C hamp a r a n L'. A.Kuzaffarpur L.'Darbhanga L.A.Monqhyr L.^ .Purnea L.**..'Santhalparganafe L.A.Hazaribagh L.ADhanbad L.A. •

Patna. L.A. (3,. seats)Ehojpur L.-A;Saran L.A. .Darbhanga L.A.Santhal" - •parganas L.A.Hazaribagh L;H.Fianclii L.rt.Singhbhum L. t\,Purnea L.".

Retired

Retired

1.7,76

6.5.70

31•5.80

Law and ordersi tuation notcongenial forholding a freeand fair no i l .

Peconstitution of theHyderabad MunicipalCorporation( themembers of whichconsti tute the-elect orate) is awaited

Position regardingthe consti tution ofvarious local bodiesis" being ascertained,

-do-

1 - 79

1

Bihar (Contd.)

2 3Patna LCA.,

(2 seats)

Monghyr L.A.

Ranchi L.<*.Palamau L.A.Singhbhum L.A.

. 4 5 C

Retired 6.5.82

7

Position regardJnq thconst i tut ion of variolocal bodies i s beincascertained„

T'irhat Teachers 'Honghyr Teachers'

DarbhangaGraduates'BhagalpurGraduates

Retired 6.5*82Retired 6.5,82

Retired 6.5,32

Retired 6.5.32

Electoral rolls with1.11.83 as the qualifyingdate are under revision.

21 Mysore-cum-Kadagu" Bi japur L.A.

D h d L AManciya LOAO

H a s s a n L.^o

Dakshina Kannada

Eelgaum LtA.Bangalore L.A,Chitradurga L,^oBidar L,A,Ultar Kannada h.^

Retired 1,7,78

Retired 14.5.80 -

Some of the localbodies are yet to beconstituted.

-do-

_ 1 2.

Karnataka (C ->ntd.)7

Bangalore

ChikmagaiurTumkur LCA.Raichur LtA

yMysore-cum—Coorg L.^.

Retired 11.0*82

Some of the looa]bodies are yet toconsticutedo

4. Maharashtra 7

5. Tamul Nadu 21

Dhulia

Nasik L.A..Poona LOA.Kolhapur

andEhir

Retired 24.4.82 -

Retired 7.7.82

gParthani andHanded LoAe

Madras Lonu

Chengalapattu LtA.Coiinbatore-NilgirisLr/Ao (2 seats)Medurai LO^B

(2 s eat s)Tiruneve.il LOAC

(2 seats)

Retired 21.4.74

Retired 21,4.76

Position regarding theconstitution of localbodies i s beingascertained.

—do—

Reconstitution of theMadras Corporation (themembers of which constitutethe electorate)is awaited.

Reconstitution of LocalBodies is awaited.

- 81 -

"31 2 .

Tamil Nadu (Contd.)

6. Uttar Pradesh 45

North "-rcot Lr. A.(2 seals)South ivrcot L. .o(2 seats)Tiruchirapally -Pundukkottai L.A.( 2 seats)

Thanjavur L.A.(2 seats)

LOA. (2 seats)Rama na t hap ur amL.A.( 2 sea t s ) .

Garhwai-cum-Biinor L..A.Moradabai L.A.

Retired

Retired

P i .1 :.bh i t c urn -Shahjahanpur L.«v«,Kheri-cum-Sitapur-curn-Hardoi L.A.(2 seats)Pratapnarh~c um-S u i t a np ur -c urn-Bar aba nki L.K.(2 seats)

Deorai-cum-Ballj.3 L,^E u 1 a nd shaha r L«'x-.Meer ut -c uin-Gba zx abad -c ;jTi-lvluz,a ffarrr'jg^r L*^(2 seats)

Schcir^npur-c urn—

Retired

tehradun L^ oGu i £ xwei 1 - c um-Klima on L , ^L']^3:ricw-c urn— U.iiiao—c um—Rae Bareli Lc-^o (2 seats)

21.4.70

21.4.3O

h i '.>nLocal Bodies isawaited"^

Reconstitution ofLocal Bodies i sawaited.

Reconstitution oflocal Bodies S

- 82 -

I 3IIattar Pradesh (Contd.)

Gonda L.A,,

Basti-cum-Gor^khpur L.A.Jaunpur Lo^. * Retired S.S.OOAllahabad L.HOMainpuri-curn-Etah-cum-Mathura LAgra L.A.Aliqarh L OA,Nainital-cum-Bereilly L.n. . .

Basti-cum-Gor^xhpur L.A. (2 seats)Deoria-cum~EaZ,iia L..A.,,

Lo^s (2seats!L.^.(2 seats)Retired 5.5.33

Fat ehp ur -c um- -B a noa L, *Hamirpur-cam-J" ..^nsi L,A.Jalaun-cum-ICr: iw;-ih L,A„Kanpur-cum-Fi:'i uhhabad L.A. (2 sea ts )Mainpuri-cure~-Knah--curn-Mathura XI.A.

J

Allahabad Graduates'Meerut Graduates5

Lucknow-Teachers'Gorakhpur-c um-Faizabad Teachers^gra Teach err: !

Ileerut Teachers ;

Retired 5.5O82

Retired 5.5*82

Reconstitut 1 orv oflocal bodies a

-do-

Electoral rollswith reference to1«.11O83 as thequalifying date areunder revision.

-do-

Contd...

83 -

LE COUNCILS

1. Andhra Pradesh 6

2. Bihar J

3. J&mmu &Kashmir . 2

4. Maharashtra

1.

2.

Pradesh 2

17

By members*Krishna L.*Krishna L.By membersBy membersBy members

By members

By membersBy Kashmir Panchayatconstituency.

Regn.fieathRegn.Regn.Regn.Death

Death

Regn.Regn.

Death

LEGISLATIVE-ASSEMBLIES

213.89. Bandur

DeathDeath

32, Bongaigaon Poll34. nbhayapur North adjourned35."bhayapur South(SC) "65. Kalaigaon "66. Sipajhar "71. Dhekiajuli72. Barchal75,. Sootea33. >i::.jn:L

11.8.8215.10.8217.4.837.1.8314.2.830,0.83

12.10.83

6.6.8311.6.83

11.10.83

25.lls8319.12.63

27.2 83

*Reconstitution ofLocal bodies awaited,Further the &tate Govt.have also informed theCommission that actionis being initiated "toabolish the AndhraPradesh LegislativeCouncil.

Since the term of memberis to expire on 13.2.84h i ^ i t to •••••

been constitutedPosition regarding theConstitution of lo"ca*lbodies is beingascertained.

Election Coun-termanded on3.9.83.

- 84 -

(Contd.) 76, Bisvjanath

77. Behali7 8. Gohpur81. Lahariqhat99, Majuli (ST)

113. Duliajan119. Tingkhonq120. Naharkatia

3. Himachal Pradesh 1 39. Praqpur

4. Jamu'.u & Kashmir 1 48. Doda

4

Polladj earned*

•I

it

•I

2 7 .

Election 30.declared voidby SupremeCourt.

2 ,

it

ii

•I

• iII

•I

11

83

. 8 3

6

Elect-, ioncountermandedon 15.2.83*=

"™

1 1

1 l

-

Declaration of 1^.6,83result cancelledand repoll ordered.in 16 polling ^stations vide ''Commission's orderdated 22.6.83.

The Commission'sdated 22.6,83 cancellingthe Returning Officersdeclaration of resultand directing*re—poiiin 16 polling stationswas stayed by the J & KHigh Court on 29e6o83in writ petition No,,291/83. On appeal by theCommission, the SupremeCourt vaca*-ted the High

•Court's stay order on19.7.83, and directed tiHigh Court to dispose ojthe writ petitionexpeditiously. The HighCourt's decision on thewrit petition is s t i l lawaited.

I

85 -

5. Kerala

6. MadhyaPradesh

2

2

7. Punjab

8, Tamil Nadu 4

9. Uttar Pradesh 1

1O. West Bengal 1

33. Manjeri

213. Seoni

DeathDeath

2.8. 9*8324.1O»8'i

Death 12.12.80

53. Damon Death 3.11.83

110. P.acca Kalan Death 20.5.33

6. Purasawalkam Regn. 18.3.838. ^vnnanagar Rer;r_ 18C3O83

171. Mayuram De^i:h 11.11.33157. Uppiliapuram Ejection 7.12.83

(ST) de-i^redvoid a

234. Jakhamia (SC) Election 29.11.83declared

vrid by

165. Shibpur

Court„

De-ith 17. 12, 83

•k-k-k

•k

Eic-rVjOn Petition is pThe pet a tionc-r has alsoprayed that he be declaredelected» Hence the bye-election cannot be held.

ssembly has been suspended,State is under President'sRule.

_ 06 -

Fr R - VI

Commissi on' s .views on certain aspectsof election.

During the month under review,

Chief Election Commissioner's views on the

"ban on defections" and "reduction of votiny

age" were reported in a section of the press

'•i news-item from the Indian Express dated

5th December, 1983 containinq these views is

reproduced in the followinq paqe : -

- 87 -

Change in s ta tu te not, needed : EC

Chief ^lection Commissioner R.K.Trivedi

••~>n Saturday said no amendment to the Constitution

is necessary to check defections.

Speaking to newsmen here after a meeting

with representatives of 3 2 po l i t i ca l par t ies ,

Mr. Trivedi said defections could be stopped

merely by making "slight amendments" to the

People's Representation ^ct . He had suggested

th i s to the Government, the Chief Election

C omm i s s i oner ad d ed .

Though not on the agenda, the banning

of defections was one of the seven suggestions

made by Mr. Mad.hu *Dandavate, HP, on behalf

of the opposition par t i es .

Indian Express,New Delhi,5 .12 . 83 .

- 88 -

CTi\prrK - V T i

BYE-ELECTIONS

(A) HOUSE OF PEOPLE

During the month under review/ t h r e e bye -

e l e c t i o n s - one each from the s t a t e of Bihar, Haryana

and Ut ta r Pradesh - were held on 23rd December, 1983.

details of the vacancies which were filled by these

bye-elections are given below:-

Wame of theparliamentaryilc!lrii- *- uoncy

Date ofvacancy

Cause ofvacancy

Bihar

2-Eettiah

Harvana_4-3onepat

Uttar Pradesh

78-Bulandshahr

5.3,, 1983 Death of Shri KedarPandey.

31.5.1982 Resignation of ShriDevi Lai.

5.12.1982 Deaf, of Shri MahmoadHasan Khan.

The Commission fixed the following common

programme in respect of these three bye-electionss-

Contd..

89

(1) Date of notifications 23,11.1983by the Commission (Wednesday)

(2) Last elate for making 30.11,1983nominations (Wednesday)

(3) Date of the scrutiny of 1.12.1983.nominations (Thursday)

(4) Last date for withdrawal 3.12,1983of candidatures (Saturday)

(5) Date on which the poll 23O12.1983was taken (Friday)

(6) Dale before which the 3 1, 12* 1983

election was to be completed (Saturday)

The Commission fixed the hours from 8.00 a.m.

to 4.00 p.m. as the hours during which these bye-

elections were to be held.

The number of validly nominated candidates/

withdrawals and the number of contesting candidates

at these bye-el actions were as mentioned below:-

Name of theConstituency

Bihar

2-Bettiah

Harvana

4~Sonepat

Uttar Pradesh

7 8-Buia nds hahr

Numb.Validlynominated

12

24

19

•r of candidateWithdrawal Contesting

1 11

10 14

8 : i

Contd

- 90

Ihe bye elections w;:re held as scheduled

and the following Candida"! ••s usrc declared elected

to fill the vacancies.

Name of theconstituency

Bihar

2-Bcttiah

Haryana

4-Sonepat

Name of thecandidate

Shri Pitamber Singh

Shri Rizaq Ram

Uttar Pradesh

78-Bulandshahr ghri

Party affiliation

i Das

C.P.I.

I.N.C.

J. N. P.

results of these bye-elections

are given in the statements annexed : -

- 91 -

State

rre ofc OR s t i tu ency

Bihar

2-3cttiah Parliamentaryconstituency.

Electors

Valid votes polled

Vot-;s rejected

: 7,40,182

: 3,19,296

: 7,804

Mama Partyaffiliation

Pit amber Singh

Manoj Kumar Pandey

Md„Fa z1u r Rahman

Man gal Prasac! Yadava

Dr.o Norain Prasad

Vinay Kumar MishraSmt.Mayadovi Gupta

Sudama Prasad

Satendra Nath V rma

Chedi Khan

Mohammad SarfuddinBismil

CPI

INC

Lt>

JNP

IND

IND

IND

IND

IND

IND

IND

Votes secured

1/12,314 (E)

1,00,66"

59,811

3 5, 55"

2,68"

1,810

1,806

1,70?

1,600

698

6 3 5

State

No,& Name ofconstituency

Elec tors

Va 1 id vote s po11ed

R-']';cted votes

<!.::. ma

Rizaq Ram

D-vi Lai

par], iatnontary

7,29,790

5,886

affiliat ionVotes secured

U- 60,- 244 (E)

:,.- 47 - 877

I-''o.r icash Ii-;1.

'J i, -a P-am

£-ajinner

Raj Kumar

IIMD

Iff;

i Mr

Sube Singh Dhillon IMD

I nd e r j a a t Tun g IND

Kathu Lai I I'D

Banwari Lai iL\i-

Bhala Rarn Chh: . lU;r IM?

3,

3,

2,

1/

1/

1/

989

587

152

906

525

009

612

570

527

335

207

- 93 -

State Uttar Pradesh

No.& Name of 78-Bulanclshahr Parliamentaryc on s t i tut; n cy Con s t itu e ncy

Electors 6 ,.95,-0 22

Valid votes polled 3,. 44,-27 3

Rejected votes 5,-3 27

Partv affiliation Votes securedMa me *

Banarsi Dal JSTP 1/30,686 (E)

I n t a z Mohd.Khan INC 1,16,299

Sarv/ar Husain LD 72,299

Rain Singh IND 7,961

Hans Raj IND 5,541

B r i j e s h Dutta Pandey IND 3,747

Jeet IlSiD 3 , 3 49

Kiran Pal Singh IND 1/60.1

Harkesh Singh IND 1,<?83

Kailash Chand IND S72

Chandra Prakash IND S39Bal tni ki

— O/1

(B) LEGISLATIVE ASSEMBLIES ;

During the month uncar review, eleven bye-

elec t ions - . 2 from the s ta te of Bihar, one each from

the States of Haryana and Rajasthan, 5 from the s ta te

of Uttar Pradesh and two from the s ta te of Vvest

Bengal - were held on 23rd December, 1983, Detai ls of

the vacancies which were f i l l ed by these bye-elections

are given below:-

Death of Shri Mohd,Shahjahan

Resignation of ShriThakur Kamakhya PrasadSingh

Death of Shri GobindRai Batra

Name of the assembly Date of Cause of

constituency vacancy vacancy

Bihar

2 52-Gurua 26.9.83

17 4-Banka 21.11.83

Haryana

78~Fatehabad 18.8.82

.fin1a sthan

29-Mandawa 1.9.83

Uttar Pradesh

57-Pilibhit 17,2.82

191-Siswa 14*12,82

199-Fazilnagar 28c3.83

33 5-Madhogarh 10.5,83

318-Tindwari 19.7.83

Wesfe Bengal

49-Kaliachak 16.8.83

74-Krishnanagar (SC) 27.9.83

Death of Shri Lachhuram

Death of Shri CharanjeetSingh

Death of Shri YadvendraS ingh

Death of Shri KhudadinAnsari

Death of ShriDalganjan Singh

Resignation of ShriVishwanath Pratap Singh.

Death of Shri PromodeRanjan Bose

Death of Shri NnanendraNath Biswas,

Hnni-d ....

- 95 -

Tha Commission fixed the following common programme

for the above mentioned bye-eiect ions: —

(1) Date of not i f ica t ions 23.11.i983by the Commission (Wednesday)

(2) Last date for making 3o.ll, , 1983nominations (Wednesday)

(3) Date for the scrutiny of 1.12.1983nominations (Thursday)

(4) Last date for withdrawal 3O 12*1983of candidatures (Saturday)

(5) Date on which the poll 23O12* 1983was taken (Friday)

(6) Date before which the 31.12.1983elect ion was to be completed (Saturday)

(7) Hours during which the poll From 8.00 a.m. towas to be taken 4.00 p.m.

(In case of two bye-elections from West Bengal, the

hours of poll were from 7.3o a.m. to 4. ?0 p.m.)

The number of validly nominated candidates,

withdrawals and the number of contesting candidates

at these bye-elections were as mentioned belowt~

Name of the Number of candidatesConstituency Validly withdrawal Contesting

nominated

Bihar

2 52-Gurua 14 7

17 4-Banka 12 3

Haryana

78-Fatehabad 21 16

Contd. . . .

- 96 -

Rajasthan

29-Mandwa

Ut.tar Pradesh

57-Pilibhit

191-Siswa

199-Pazilnagar

33 5- Madhogarh

3 18-Tindwari

J'test. Bengal

49-Kaliachak

7 4-Kr ishnana gar(SC)

13

3 1

16

26

21

14

5

4

18

9

14

9

7

2

_

13

7

12

12

7

3

4

These bye-elections were held as scheduled and

the following candidates were declared elected to .fill

the vacancies.

Name of theconstituency

Name of thecandidate

"^arty affil iation

Bihar

2 52-Gurua17 4-Banka

Ha ry aria

78-Fa tehabad

P-ajasthan

23 -Mandawa

Uttar Pradesh

57-Pilibhit

191-Sis v;a

199 -Pa z il na ga r

33 5-Madhogarh

318-Tindwari

Shri Mohd.Khan Aii i£jjShri Chandrashekhar Singh INC

Ch.Lila Krishan INC

S h r i Ram N a r a i n Chaudhary INC

IND

IN-

LD

ID

INC

Shri Riaz ^

Shri Shivendra Singhalias Shiv Babu

Shri Vishwanath

Shri Jitendra Shah

Shri Chandra Bhan Singh

Contd,

- 97 -

West Bengal

49-Kaliachak Shri Ahtncd S'-.msuddin INC

7 4--Kr ishnanagar Shri Ana no Mohan Biswan INC(SC)

Detailed results of these bye-elections are

given in tha statements annexed:-

- 90 -

State Bihar

No. & name of 252-Gurua assembly constituency

constituency

Electors 1,34/254

Valid votes polled 69/16 3

Votes rejected 2/0 28

Name Party affiliation Votes secured

Md.Khan Ali INC 24 ,931 (E)

Ram Chandra S ingh LD 16,0 21

Sankar Dayal Singh JNP 15/532

Bhagwan Bhasker IND 9,6 52

Yogeshwar Yadav IND 2,001

Mai-lendra Singh IND 773

Janardan Erased Singh IND 253

_ 99 -

State Bihar

No.& name of 174-Banka assembly

cons tituency constituency

Electors 1,09,46 4

Valid votes polled 73,669

Votes rejected 1,289

Name Party affiliation Votes secured

Chandra she khar Singh IMC 53,48 5 (E)

Babu Lai Mandal BJP 10,139

T r i p u r a r i Prasad Singh JNP 6,317

Jawahar Jha IND 1,781

Raghunandan Jha IND 7o3

Vishwanath Das IND 552

Upendra Singh IND 290

Kailash Pai IND 249

Harindra Kumar Singh IND 153

- 100 -

State

No«& name of

constituency-

Electors

Valid votes polled

Votes rejected

Haryana

78-ITatehafoac! assemblyconstituency

92/6o5

67,012

1,177

Name Party a f f i l i a t i o n Votes secured

Ch, Lila Krishan

Mani Ram Dogra

Mohinder Singh

Tek Chand

Hardwari

INC

IND

IND

IND

IND

3 3 , 7 2 3 ( E )

3 2 ,3 24

561

- 101 -

State

No.& name ofconstituency

Electors ••

Valid votes polled

Vo te s re j a cted

Raj asthan

29--hanc!awa assemblyc on s t i tuency

1,11,47 2

74, 139

804

Name Party affiliation Votes secured

Ram Narain Chaudhary INC

Daya Ram LDDinesh Kumar Sharma IND

Dr.Chandra Bhan JNP

Ram Swaroop INK)

Jagoish Singh Panwar IND

Lai Das IND

37, 141(E)

34,4521,092

6Q6

415

176

- 102 -

State

No.& name" ofconstituency

Electors

Valid votes polled

Votes rejected

Uttar Pradesh

57-Pilibhit assemblyconstituency

1,25,352

72,5o5

1,452

Na roe Bo.rt:.y aff i l iat ion Votes secured

Riaz Ahmed

Gursevak Singh

Dhircndra Sahai

Mohd.Ashrcf Ullah

Sarva Dutt Singh

Lai Bahadur

Kunni Lai Fatel

Shay am Vinod

Pa wen Kumar Sharma

J a i Lai

Mohd. T&iyab Khan

H-vri shanter

Abdul Mabood

IND

INC

LD

IND

IND

IND

IND'

IND

IIO

IND

IND

IND

2 7 ,

2 1 ,

1 5 ,

4 ,

1/

9ie(E)

36 5

5p4

143

017

521

?69

29 C

281

126

-9

- 103 -

State Uttar Pradesh

No,& name of 191-Siswa assemblyconstituency constituency

Electors 1,30^997

Valid votes polled 84,813

Votes rejected 1,881

Name Party affi l iat ion Votes secured

Shivendra Singh . ING 46,996 (E)a l i a s Shiv Babu

Sharda Prasad Jaiswal BJF 29/ $0°

Jagdish Lai JP • 4,08 5

Narbadashawar Tiwari IND 1,523a l i a s Jhunjhuw&la Babu

Maulana Luqman IND 1,422

Phool Chand a l i a s IND . 796Be hi wan Baba

Satish IND 485

- 104 -

State Uttar Prac3esh

No,6c name ofconstituency

Electors

/Votes polled

Votes rejected

199-Pazilnagar assemblyconstituency

1,63,262

86,76 3

1,791

Name - Party affiliation

Vishwanath

Rajbahadur

Abutalaha

Lallan Rai

Chhedi Lai sharma ":

She.onath Singh*

LD

INC

IND

CPI

IND

CFM

Sheo Autar iVlani Tripathi IND

Allaudin

Abdul Ghafur

Ramanand Giri

Shankar Lai

Rainanand

JNP

IND

IND

IND

IN£

Votes secured

28,665(E)

17,191

16,884

9,315

6;,424

3,376

•2,0 53

1, 376

689

?3 4

• 2 7 4

185

- 105 -

State Uttar Pradesh

No.& name of 335-Maohogarh assemblyconstituency * constituency

Electors 1.-56,2 40

Valid votes polled 95,025

Votes rejected 1/423

Name Party affi l iat ion Votes secured

Jitendra Shah

Kirat Singh

Mansav Khan

Shiv Ram

Balik Ram

Satya Dev Tripathi

Ram Avatar

Vishnu Datt

Ram Manohar

Chinta Mani

Krishna Pal Singh

Rarna Nandi

LD

INC

IND

IND

IND

JKP

IND

I tC»

IND

IND

IND

IND

21/869 (E)

20/021

19/ 494

15,20"

13/143

1/6 52

972

827

630

512

441

257

- 106 -

State

lio.Sc nam.G ofconstituency

Electors

Valid votes polled

Votes rejected

Uttar Pradesh

3 18-Tindwari assemblyc on s t i tu e ncy

1, 42, 209

67,861

1,800

Name Party affiliation Votes secured

Chandra Bhan Singh

Jagrocp Singh

Babu Lai Singh

Ranvir Singh

Raj endra Singh

Badri Erasad aliasLailey Guru

Balbir

INC

IND

BJP

CPI

JliP

IND

28,813 (E)

13, 53 1

10,517

7,055

6,16 4

938

843

- 107 -

State

No»& name ofc ons t i t u e n cy

Electors

Valid votes polled

Votes rejected

Tv^st Bengal

49-Fal iachak assemblyconstituency

1,13, 5ol

93,260

1,387

Nanie B-irty affiliation -Votes secured.

Ahmad Sa IDS ud d i n

Ranu Bose

Abdul Kasem

INC

CjEM

IWD

48,9O1(E)

43,985

374

- 10f"J -

State-

No, & name of

constituency

Electors

Valid votes polled

Votes rejected

Tfcst Eongal

7 4-Krishanaganj (SC) assemblyconstituency

'97 ,467

83, 164

1,239

Party aff i l iat ion ^otes secured

Ana rid a Mohan Biswas

Nayan -Jarkar

ING

CEM

41,859 (E)

4 l r 26 1

Supravat Bisvas BJP

Susil Kumar Samajdar

1,426

618

- 109 -

(c) Legislative Council

A Vacancy had occurred in the Legislative

Council of the State of Jarmu & Kashmir under the

provisions of sub-section (2) of Section 80 of

the J & K Representation of the People -»ct, 19 57 by-

reason of the election to the State Legislative assemblyo f.

before the expiration of term/office of Shaikh

Abdul Jahar, a member elected to that Council on

7,6.1983, The term of office of the member would

have expired on 11.9.1984. This necessitated a bye

election to the Legislative Council to f i l l the

vacancy.

The Election Commission on 8th Eecember, 1983 issued

a notification calling upon the members of the State

Legislative Assembly to elect a member to the said

Council from amongst persons residing in the province

of Kashmir. I t fixed the following programme to hold

the bye-election,

(a) Last date for making nominations; 14.12,1933(Wednesday'

(b) Date for the scrutiny of 15.12.198?nominations; (Thursday?

(c) Last date for the withdrawal 17.12.1P83of candidatures; (Saturday)

(d)Date on which election was 26ffi2.1933to be taken; (Monday'

(e)Date before which the election 27.12.1983was to be completed; (Tuesday^

(f)Hours during which the poll 11,00 a.m. towas to be taken. 3,00 p.n.

Contu....

- 110 -

Only two candidates filed their nominations

for this single seat and none -withdrew. The

election was held as scheduled; and one of them

Shri Mohammed Dilawar Lona was elected in the

first count to fill the vacancy caused in that

House.

The detailed result of the bye-election

is enclosed.

- I l l -

R e t u r n of E l e r t \.<2~\-a

Election to the Legislative Council byMembers of Assembly from amongst residentsof Kashmir Province„

No, of valid votes = 50

No. of members to beelected = One

Quota (Number of voterssufficient to secure theelection of a candidate) = 26

Name of the ; First Count {Second count !Name ofcandidate .Votes polled by| TransferJResu-[elected

11. '.candidate

Bashir AhmedKhan

sach cancn.d-^te I of

Mohd.DilawarLone

Non-transferable papers

Loss due to fraction

Total 5O

- 112 -

CHAPTER --

Revision of electo.ral_.rolls

During the month of August, 1983 the Election

Commission had approved a programme for the intensive

revision of the electoral rolls with reference to

1.1.1984 as the qualifying date for constituencies

not covered under intensive revision during the

year with-lo1.1983 as qualifying date. The final

publication of the electoral rolls was to be made

on 25.1.1984.

D U E to certain unavoidable reasons, the approved

programme could not be implemented fully by some Chief

Electoral Officers and on their recommendations, the

revised schedules in some stages of the revision have

been approved by the Commission. A statement showing

the changes approved by the Commission in programmes for

revision of electoral rolls for the affected States»

is annexed, (Annexure-I).

The Commission also issued direction under rule 4

of the Registration of Electors Rules, I960 to the Chief

Electoral Officer, Meghalaya in respect of constituencies

where the scheme of photo identity cards to electors is

implemented. The Commission's direction dated 19th

December, 1983 is also annexed (Annexure-II).

For details please see pages 7 5-77 of the•documentation Monthly for August, 1983.

- 113 -

ANNEXURE-I

State Printing of Draft Filing Disposal Finalmanuscript, publica- claims & of claims publica

tion,, object- & objactions. tionc.

2.

Bihar By 31.12.83 3.1.84. By ' By 25,1.84 31cle19841 • • .-18.1.04

Meghalaya - _ _ ._ 31. 1.1984

UttarPradesh - - - 3 1. lc 1984

Vlest •Bengal - - 16.12.83 "14.1.84 31O1O1984

to to13.1.84 21.1.84'

- 114 -

AMNEXURE-II

ELECTION COMMISSION OF INDIA

'Nirvachan. Sadan',Ashok Road,New Etelhi-1.

Dated 19th December, 1983.'

P I R. E C T I 0,, N S

In pursuance of rule 4 of the Registrat ion o£

Electors Rules, 196o the Election Commission of India

hereby d i r e c t s t ha t in the assembly const i tuencies , in

the Sta te of Meghalaya where the scheme of photo- ident i ty

cards t o e l ec to r s has been implemented in the e l ec to ra l

r o l l s , an addi t ional column No.7 be provided t o indicate

the s e r i a l number and year of issue of the photo- ident i ty

cards issued to the electors in the State.

The sequence of entries (excepting in the last part)

of such electoral rolls should be, serial number; -house

number (or name); name of elsctor; name of elector's

father, mother or husband? male or female? approximate

age on -the. 1st January of the year in which the roll is

prepared; and serial number and year of issue of the

photo-identity cards issued to elector.

ht the foot of each page of such electoral roll

folio-wing note should be printed j -

rtSequence of entries is serial number- house number

(or name); name of elector; name of elector's father, mother

or husband; male or female; approximate age on the 1st

January of the year in which the roll is prepared; and

serial number and year of issue of the photo-identity

s issued ho elerrhor "o

- 115 ~

CH^PTSR -IX

; Meeting of the representatives of thepolitical parties to consider various

elect or a1 matters„

In the month of November, 1983 the

Election Commission decided to hold a meeting

with the representatives of the political

parties. It was also decided to take this

opportunity to discuss certain other matters

arising out of the experience of the Election

Commission at the recent, general elections to the

various Legislative assemblies of States and

suggestions made to the Commission by the different

political parties.- • ' • • - . ! :

• • Accordingly, by a circular letter

dated •14th November, 1983 all the recognised

national parties, State parties and registered

parties were invited to attend the meeting

at 10.oo A.M. on 3rd Beeember, 1983 in the

Secretariat of the Election Commission. Brief

notes for discussion on the following 6 items

were also enclosed with the said letter : -

Item Non 1 - Proposal for revision ofmaximum limit of electionexpens es. .

Item No, 2_- Question of undertakingrevision of electoral rollsin ssam with reference tothe Illegal Migrants(Determination by Tribunals)Ordinance. .1983.

Contd...

- 116 -

Itera No, 3 ~ Review of the Model Codeof Conduct in the lightof the recent experiencearc! the suggestion madeto it by the differentpolitical parties.

Item No. 4 - Use of Electronic VotingMachine and coverage of theentire country with thescheme by 1935 as indicatedby the Commission.

Item No. 5 - Issue of Photo Identity cardsto all voters, at least inurban areas for the timebeing to prevent impersonation.

Item No. 6 - Supply of at least fourcopies of electoral rolls ofeach constituency to therecognised political partiesagainst two as at present.

The meeting of the representatives of the

political parties was held on 3.12.1983 in the

Secretariat of the Commission as scheduled , under

the Chairmanship of Shri R.K. Trivedi, Chief Election

Commissioner- of India. 49 representatives

representing 7 National, 20 State and 6 registered

parties attended the meeting,

^ brief note on the recommendations

made in the meeting on the items circulated and

also on some other matters is annexed.

Contd...

- 117 -

Item No. 1. Revision, of maximum celling of electionexpenses.

The consensus was that ceiling by themselves

would not, serve any purpose unless that distortion

brought about in the law in 1974-75 are removed. Subject

to this, there was agreement that the ceiling should be

revised as suggested by Commission, (annexure) „

Item No. 2 . R,evi,sion_gf el ecjtora.I rolls ijQ iiS ain_Kithreference, to Ille-ga 1 _jvu .qranj.'j?J,2i §LIIliIi5JLi-£3by TribunalsT Ordinance, 3 983,

As regards the revision of the electoral rolls

in •'-i-ssam, the consensus was that the report of the Government

of Assam should be awaited whether or not i t would be

possible to carry out intensive revision of the rolls in

the prevailing circumstances. I t was felt, however/ that

the rolls ought to have been updated including the names

of those who have come of age after 1.1.79 with reference

to which the rolls were revised last .

The Election Commission would again consult

the political parties after getting the reply from the

Assam Government.

• s regards foreign nationals, a large section

appreciated the Commission's stand that i t was not

within the shpere of Electoral Registration Officers to

decide as to whether a person is an Indian Citizen or not.

This will haVe to be done only by appropriate authorities

appointed by laWe The objector to an entry in the

electoral r o l l Mill, have.to satisfy the Electoral

- 118 -

Registration Officer that the person objected to is

not a n Indian Citizen by producing positive documentary

evidence. •

Item No.. 3 Model Code of Conduct,

It was agreed that the Model Code of

Conduct for the parties should include -

(a) prohibition on financial grants in anyform or promises including I.ayin ; hhefoundation stones etc. of projects orscheme of any kind which may have theeffect to influence the voters infavour of the party in power. Thedetails may be worked out by theCommission.

(b) Prohibition of the use of. officialaircrafts in addition to the alreadyexisting provision of official ve*~holes,machinery etc*

(c) prohibition against entry of Ministersin the polling stations or countinghalls except in their capacity ascandidates, voters or authorised agents.

It was the consensus that the Commission

should examine the legal and other implications of the

suggestion that the Government should so amend the law

that a breach of the Model Code of Conduct is treated as

an electoral offence. The law should also authorise the

Election Commission to issue suitable directions,: Failure

to apply with which should attract penal clauses,,

There was a proposal that the Election Commission

should set up a monitoring ceil to cover the news

bulletin of the A n India Radio and Doorriarshan with a

view to ensuring fair and objective presentation of

election news. It was agreed that specific concrete

Contd„.„

- 119 -

proposals in this regard may be indicated to the

Commission for further consideration and discussion

with the parties at the next conference.

Item No.,4" Use of Clectoronic Voting Machines in theentire country - scheme.

It was unanimously agreed that the

electronic voting machine may be introduced in the

entire country by the next general elections in 1985

as far as practicable. The Commission would convey

the unanimous views to the Government.

Item No.5 Photo identity cards to all voters.

It was agreed to" await the result of the

ro-appraisment ordered by the Commission in bikkim,

Meghalaya and Naqaland regarding the working of the

scheme of photo-identity cards. The scheme would

also be tried in the urban area.

Item No.fi, ' Supply of at least four copies of electoralrolls of each constituency to therecognised political parties against twoas at present.

It was decided to supply four copies

of electoral rolls to the recognised parties free of

costs. Two copies at the time of publication of

electoral rolls and two copies after final publication

of the rolls. The request of the registered parties

for free supply of copies would be considered by the

Commission.

Authenticated copy should be given to

political parties anr| no change should be made after

the last date for filing nominations.

Contd,

- 120 -

Miscellaneous items : -

Shri

t h j ^ jwould llT.'p to qiv'o* priority to thefollowing items.

(1) Election Commission must implementsuggestions within his jurisdiction.

(2) Ban on defections.

(3) State funding of elections.

(4) Independence of Election Commission tobe ensured.

(5) Misuse of Government machinery includingmass media mast: be prevented.

(6) Chief Electoral Officers and ReturningOfficers from States should be fromjudiciary.

(7) Age limit for voting should be 13.

The Commission has already made i t s specific

recommendations on these points to the Government

therefore, the parties were informed they should

wait for the reaction of the Government on these

mat-, tern.

(ii) Pg-ckage electoral reforms.

On the question of electoral reforms the Chief

Election Commissioner of India indicated that the

package of proposals haVe already been sent to the

Government in September 1982 and that a Cabinet

sub-Coirimithee is considering these proposals.

Contd...

- 121 -

The Parliament was also informed that the Government

would consult the opposition parties for a consensus.

Chief Election Commissioner of India, therefore,

left it to the participants to indicate whether

they would like to wait for the next step to be

taken by the Government or they would like any

specific proposals to be debated at the meeting.

* -k -k -k -k

* * *

*

- 122 -

L 0 K S B H

Electorate Maximum electionexpenditure proposedper constituency.

Present Proposed(appx 3 G%increase) ,

Above 7,OO, 00

Between 5", 50, 000 & 7. 00, 0O0

Between 4,0O,000 & 5,50,000

Between 3,00,000 & 4,00,000

Between 1, OO, 000 & 3/00,000

Between 50,000 & 1,00,000

Below 50,000

1; 00, OOO

1,00,000

75,000

50,OOO

3 5,000

25,000

15,000

LEGISLATIVE ASSEMBLY

1,00,000

Between 75, OOO & 1,00,000

Between 50,000 & 75,000

Between

Between

Between

Between

Below

25,000

15,OOO

7, OOO

5,000

5/000

&

&

&

&

50,000

25,000

15,000

7,000

1, 50, 000

1,30,000

1,00,000

65,000

46,000

33,000

20,000

35,000

25,000

20,000

12,500

8,000

5,000

3,000

2,000

46,000

33/000

26/OOO

16/ 500

10,500

6/500

4,000

3,000

- 123 -

CHAPT5R - X

Instructions issued by the Commissionen important matters,

Shri Satya Frakash Malviya, a contesting candidate

at the bye-election held from 57~Filibhit assembly

constituency (Uttar Pradesh) in December, 1983,, lodged

a complaint with the Commission in which he, inter-alia,

alleged that the tour programme of the Minister of the

State for cane Development and Sugar in Uttar Pradesh

had been circulated on behalf of District Magistrate. The

tour programme circulirised on behalf of the District

Magistrate mentioned that the Minister would participate

in election meetings. Its copies were also sent to the

President of District Congress Committee for arranging

meetings in an orderly way.

On enquiry, tha Commission was informed that

tour programmes of not only Ministers but also of

leaders of the opposition parties were also circulated

to all concerned. It was further informed that the

tour programme of Shri Shiv Nath Singh Kashwaha, Minister

of State for Cane Development and Sugar Mills was also •••

issued accordingly. The tour programme of Shri Kushwaha

was subsequently cancelled. The Deputy Collector and

other official involved in the issue of the tour programme

were not given any election duty.

Contd.. .

- 124- -

The Commission, on the basis of the fact before it,

held that issue of an election tour programme by an official

CR behalf of the District Magistrate was improper. It has

therefore, requested the Ubtar Pradesh Government to

instruct all concerned that in future the election tour

programmes of Ministers should not be circularised by the

officials or official agencies. A copy of the latter

issued in this behalf is appended.

- 125 -

ELECTION COMMISSION OF INDIA

'Nirvacha n Sadan l

i-»shck Road,New Del hi-110001

No.6l /UP/83/ Dated 30 Eecember, 1983.

To

The Chief Secretary to theGovernment of Uttar Pradesh,Lucknow.

Subject :-Bye-elections tc the Uttar PradeshLegislative Assembly - Complaints -Regard ina.

Sir,

I am directed to invite your kind attention to

the Commission's let ter No.61/UP/83/6833, dated

17.12.1983, and message of even number dated 20.12.83

forwarding therewith copies of two complaints dated

12th & 13th December, 1983 received from Shri

Satya Prakash Malviya and to request you to expedite

the reply thereto.

I am also to send herewith a copy of the messag

No.E-lo559/CEO dated 23.12,83 received from Chief

Electoral Officer, Uttar Pradesh, LUcknow in reply

to the memo dated 12.12.83 (copy enclosed ) issued

by the office of the District Magistrate, Pilibhit

purporting to have been signed by Shri J,F»Srivastave

Dy. Collector, ELlibhit circulating the tour programtr

of Shri Shivnath Singh Kushwaha,Minister of State

Contd

- 126 -

for Cane Development on 15.12tf83 and asking a political

party to make arrangement for election meetings.

In thi s connection, Cornrni s c io n wou 1 d 1 i ke to draw

your kind attention to the impropriety involved

in the issue of election tour programme by an official

on behalf of the District Magistrate and request

you to bring it to the notice of all concerned that

in future the election tour programmes of Ministers

should NOT be circularised by the official/agencies.

Yours faithfully,

Sd/-VIR )

UND3R SECREI^RY

- 127 -

CHAPTER - . X I

L to._the_.i3ffice._qf__thePresident of Tndj a lMLJ.niL.-:-.61' .- L e q i s l t i v e .A s s e m b l i e s ( i n c l u d i n g Del? .' M e t r o p o l i t a n C o u n c i l ) ,1902-83 : Recomrner.aat ion p. ^ ^ ^ ^ e ^ ^ i

The Election Commission's Report on the

Election to the office of President of India, 1982

and General'Elections to the Legislative assemblies

of Haryana, Himachal Pradesh, Kerala, West Bengal,

Nagaiand, Tripura, -^ndhra Pradesh, Karnataka,

Meghaiaya, Jammu & Kashmir and Delhi Metropolitan

Council held in 1932-83'was laid on the table of the

House of the People on 13th December, 1983,

The Report has been divided into 7 parts*

Part I of the Report deals with election to the

Office of the President of India, 1982, whereas

the Parts II to VI cover general elections to

Legislative Assemblies and Delhi Metropolitan

Council in a chronological order. Part II

encompasses general elections to Legislative

Assemblies .of Haryana, Himach ai Pradesh, Keralain

and West Bengal/May, 1982; Part III deals with

general election to the Legislative Assembly

of Nagaiand, November, 1982; Part IV relates to

the general elections to the Legislative Assemblies

of Tripura., Andhra Pradesh and Karnataka, January,

1983; Part V is concerned with general elections

to the Legislative Assembly of Meghalaya and Delhi

Metropolitan Council, February, 1983 and

Contd...

- 12 3 -

Part VI covers general election to the

Legislative - ssernbly of Jamrriu & Kashmir, June

1983, part VII consists of the Recommendations

made by the Commission with a view to overcome

the difficulties encountered by the Commission

in the effective exercise of i ts constitutional

obligations during the conduct of the general

elections to various Legislative ^ssemblie's and

specifically the Jamrnu & Kashmir Legislative

Assembly.

Several important issues, which have

arisen as a result of the experience gained

during the general election to the JamruU &

Kashmir Legislative assembly, have been discussed

in the last chapter of Part VI dealing with the

general election to the Jammu & Kashmir Legislative

Assembly. These issues relate to the cooperation

of Central and State Governments; functioning

of the Electoral Machinery; faulty electoral rol ls ;

unsuitable polling stations; non-utilisation of

the services of Central Government servants, and

employees of public sector, undertakings; and

inadequate facilities to observers etc.

The Commission has in the last part

of the Report made certain recommendations which

merit serious consideration. oome of the

Contd...

- 129 -

important recommendations are as under '• -

(1) Imposition of the President's/Governor's

rule simultaneously with the issue of notification

calling the General Election to the Legislative

Assemblies of the States to rule out any possibil i ty

of the misuse of official machinery by the

party in power in the States during the period of

elections.

(2) Invoking of ar t ic le 324(4) of the

Constitution regarding the appointment of Regional

Commissioners before each General Election to the

House of the' People and Legislative assembly to

assist the Commission in the performance of i t s

functions in the interest of better supervision of

elections.

(3) Codification of the powers and functions

of the observers, who are appointed to observe the

conduct of elections and counting of votes in

particular constituencies or in specific areas,

with a view to enable them to issue directions

on spot on-behalf of the Election Commission in

electoral matters.

(4) Provisions of more stringent measures

for taking., not only penal action, but also

administrative action, against the officials for

lapses in election duties or for defiance of

Commission's directions. The power to sanction'

- 130 -

the penal action should be vested with the

Commission instead of the Government concerned

as at present* The inquiry snd prosecution in

such cases may be entrusted to an independent

organisation chosen by the Commission. Special

Courts may be set up for trying such offences, i f

necess-ary,

(5) Definance of Commission's direct ion

issued in the in teres t of free and fair election

should be sufficient ground for cancellation of

the original poll in the ent i re constituency.

(6) Two main provisions already recommended

"to be inserted .in the Representation of the People

Act, 1951 for defining and regulating the

p o l i t i c a l par t ies should also be inserted in the

& Kashmir Representation of the People

, 1957. These are -

(a) to define po l i t i c a l pa r t i e s ; and

(b) to empower the Election Commission to

make regulations to deal with

matters re la t ing to the p o l i t i c a l

parties.

(7) Mobile poling stations may be

set up for free exercise of votes by Harijans

and weaker sections of the electorate.

(3) The 'service voters' have been provided

the facility of postal ballot papers for casting

their votes. On an analysis of the utilisation

of the faoiJU-.y of postal ballot papers, i t

- 131 -has been found that, on an average, only

27% of the eligible service voters

exercised their right of franchise during the

last seven General Elections. On these, over

5O% became invalid for violation of the voting

procedure and failure to use the right type of

covers. The Commission has recommended that

the service voters should be permitted to vote

fry proxy a t the polling stations covering the

area in which they would have been ordinarily

resident but for their service. In that event,

one of the nearest relatives or friends of the

service voter may be authorized in advance by

him to vote for him by proxy on the day of poll«

(9) Effective remedy against the allegations

of spurious and fake ballot papers and irregularities

in the counting of votes is the use of electronicfor the election. The use of electronic voting machines

voting machines /Jn&s proved consistently that

there is no fake or spurious voting and that every

candidate at an election gets fullest satisfaction

in the election process and countino.

o » o •

-• . v r ••• • • - v •• " * j | »

"'"I

§ #

- 132 -

CHAPTER - X I I

JPress reports on elections and political'systems of foreign countries and other *matters of interest.

During the month under review, reports/editorials/

articles on elections and political systems of foreign

countries and other matters of interest appeared in the

press. The press reports/editorials/articles, appearing

.in the'under-mentioned newspapers/ are reproduced in

* in the iollowing pages : -

Name bf thePaper.

Patriot:New' Delhi.

Indian ExpressNew Delhi.

The Statesman:Delhi. .

Indian ExpressNew Delhi.

Hindustan TimesNew Delhi,

Date

1.12.83

1. 12., 8 3

2.12,83

3.12.83

5.12.83

Topic

Re-election of Shri EdwardSeaga as Jamaica's PrimeMinister.

Presidential system inNigeria - an a r t i c l e byShri Ajit Bhattacharjeaon the post -e lec t ion scenein "Nigeria,

General Election in Japan.

Political & Constitutionalcrisis in Malaysia on theadoption of a controversialbil l by the Parliament endiithe practice of seekingRoyal assent for legislation

Landslide victory of theruling national party"Kuomintang" in parlia'menta;

nl r

- 13 3 -

Name_o_f .the Data_ _ _ . _Topic_

Times of, IndiaNew Delhi.

Rik press assessment of-general election in f&hin October1; 1*98 4.

Times of India:Kcw Delhi c , " '

12.12.83 Constitution of new Argentina• • " • Government*,.

.1 ±Hindustan Times: 1..2.,i2.83

3". r-.t

New Delh i ,

•'""Deccan Herald:•Bangalore •• '

Times of- India:New Delhi.

Times of India:New Delhi,

Hindu: . .Madras.

Hindustan TimesNew Delhi,

The Statesman:D e l h i . •• ' ;

18:<M.i2,8 3

19„ 12 ,83

19.12.83

d ' s takingOver as ,th§ president ofBangladesh,

Snap poll in :Donmark onJanuary- 1CV198 4»

General election in U^S.S.R.on March 4,. 198 4.

General election in USSRon March 4, 1984«

20=12,83 General elections in Japan,

<2Qol2o83 General elections in Japan,

23.12.83 Central Govt. 's refusalto lower the age-limit forOffice of President &Governor.

29»12«,83 Mid-terms general electionin Denmark,

- 134 -

Jamaica PM re-elected

Prime Minister Edward Seaga yesterday

won a new five-year mandate with out a

single vote being cast as nominations

closed for the 15 December election wiih

his party's candidates running virtually

unchallenged.

Opposition parties had fielded

candidates in only five constituencies,

Mr. Seaga called the snap elections

on Friday* nearly two years early, in

response to a demand from the leftist

opposition People's National party that

he resign.

patriot,New Delhi,1.12.83 ~.

- 135 -

PRESIDENTIAL SYSTEM

Checks and balances_.,iri_N,i£ieri-il

By ajit Bhattacharjea

Theorists in India, who h-ve been advocating

the presidential system of democracy on the

assumption that i t would ensure a strong, stable

executive, would be surprised if they observed

the post-election scene in Nigeria.

Even though President Shehu Shagari and his

National party of Nigeria (rtPN) won a near-landslide

victory, the process of ministry-making in the

federal capital, Lagos, as well as in the State

capitals demonstrates the in-built checks and balances

provided in the system to limit executive authority,

**t the time of writing, a Senate committee is

holding public hearings to examine the fitness and

character of his 35 nominees for ministership.

Similar hearings are being held in state capitals

for those nominated by the recently elected Governors.

If such a proceedure were followed in India,

neither the Prime Minister nor the Chief Ministers

could appoint or change ministers at short notice,

• nd the nominees would have to face a public inquiry

into their assets, previous experience and history,

and find convincing answers to allegations of

misconduct or /corruption. Nobody could be appointed

minister who, for instance, had ''forgotten" to pay his

income-tax,Contd...

- 13 6 -

No whip

"S in the United States, ministerial

nominees, who are not elected b'.vt nominated by

the elected head of state, as well as certain

other senior officials including diplomats, must

be approved by the Senate (upper house), n<3

there is no party "whip" to force members to vote

for the President's nominees or bi l ls he wants

enacted.

In Nigeria, all ministerial nominees are

required not only to declare their assefefe and

liabi l i t ies but also submit to finger-print

clearance by the Criminal investigation Department.

They must also provide an exhaustive record of their

history, experience and education. The l i s t of

nominees was returned to President Shagari by

the Senate when originally submitted because i t did

not contain this record, and was considered only

after i t was provided.

Not only do the nominees have to reply to

Senators' questions, but also to charges made by

the public. For instance, Mr. ^l i Baba, who was

Interior (Horoe) Minister in President Shagari's

previous administration and is one of the

few to be renominated, was charged by a group in his

home state of Gongola with having been expelled

Contd...

- 13 7 -

from school, dismissed from a private job for

financial mismanagement, appropriating land and

building a mult i^jriil lion naira house„

Screening system

He denied al l the charges,, but the group

said i t was not satisfied with his explanations.

They insisted that the house he had built, for

instance/ cost two and a half million naira(one

naira is equal to Rs« 14)„ He insisted that i t cost

only half a million naira,

another renorninated minister., Dr> Ibrahim Tahir,

was interrogated for nearly -cour hours about

serious charges of corruption and inefficiency in

the National External Telecommunications (NET)

department,, over which he held charge. But his

responses were confident and Ic-ced with humour.

When asked, "are you aware of situations outside

this country where ministers have tc resign because

of scandals committed by their subordinates?"

he replied • "Yes,but not every matter warrants

resignation, It depends on the gravity of the

offence. But if. a minister like the British one

makes his secretary pregnant, he should resign".

When asked pointedly, "What cj were millions

of naira are missing but not stolen by a

Minister (the vddely-accepted charge against NET),

he said : "It depends on what he (the minister) does

Contd...

- 138 -

about i t . " Hi's nomination is likely to be

• approved in the expectation t'.ri-t harsh measures

will be taken against officials known to be guilty of

corruption.

Women nominees are not spared, Drc ^kintola, a

lady doctor* was questioned about personal matters

like her separation from her husband, but did not

lose her composure. The questioner even suggested

that now that she was unmarried, she might gossip

about official matters with friends. Dr ^kintola

replied firmly: "I do not think that being unmarried

has anything'to do with secrets".

The screening procea will take some time and

not a l l the President's nominees are expected to be

approved. In the states, some nominees have alr.eady

been rejected after similar hearings.

The hearings have reassured those who feared

that the massive NPN victory might lead to the

emergence of a one-party state, as in other African

countries. But they also indicate that President

Shagari will not find i t easy to push through the

harsh disinflationary measures required to stabilise

the economy, and stem the drain of foreign exchange,,

Although the President does not have to resign

if the National assembly turns down his nominees

or rejects his bi l ls , he enjoys much less actual

power than a Prime Minister normally does. He is

ran oerus.de legislators to

- 139 -

approve his budget and other measures. **nd he

cannot stay in office for more than two terms, or

a total of eight years.

*± leaf for India

Presumably, those advocating the presidential

system in India with the intention of strengthening

the Central Executive had Latin 'American or the

Philippine models in mind, where there are no

constitutional checks and balances against misuse

of presidential authority. It is interesting to

note that Nigeria replaced the parliamentary with

the *-*merican-style presidential system as a means

to providing effective checks against conce~ntratic

and centralisation of power.

**fter the bloody civil was that followed the

initial experiment with parliamentary democracy, i-

was felt that the fears of tribal minority groups

could be assuaged only if a truly federal system

with adequate decentralisation of power was

assured. However, one important agency over which

the Federal Government retained exclusive

control contrary to either the US or Indian

systems, was the police force. The states are noJ>

permitted to raise their own police forces.

Contd,..

- 140 -

** study of the Nigerian Constitution reveals

several provisions that merit serious study and

possible emulation in India. It has an answer/

for instance, to the controversial issue in

India whether or how

the basic structure can be amended. This is done

by laying down that certain basic clauses can

be altered only if the proposal is adopted by

at least a four-fifth majority of both Houses of

the National Assembly. Other clauses can be

amended by a two-thirds majority.

Press_ Freedom

<AS1O, specifically included in the fundamental

rights is a provision guaranteeing the freedom

of the press. It states: " ...every person shall

be. entitled to own, establish and operate any

medium for the dissemination of information,

ideas and opinions," with the proviso that only

the federal and state governments can operate

television and broadcasting stations.

"•nother provision regulates the functioning

of political parties in a manner that has been

frequently advocated in India, it provides, among

other things, that "every political party shall ,

at such times and in such manner that the Federal

Election Commission may require, submit to the

C ontd .,..

- 141 -

Federal Election Commission and publish a

statement of i ts assets and l iabi l i t ies".

^lso, no political party is authorised to

maintain any assets outside Nigeria or to

keep any funds received from foreign sources.

**ny such funds must be transferred to the

Election Commission within 31 days of receipt

together with any relevant information that the

Commission may required.

Finally, the Election Commission is required

to submit an annual report on the accounts and

balance-sheets of every political party

to the National Assembly after investigating

whether such accounts have been properly maintained

Indian Express,New Delhi,1.12.83.

- 142 -

Elections in Japan

The fact that the forthcoming Japanese

general election has been practically forced on

the country is yet another indication of the

influence wielded by Mr. Kakuei Tanaka, who

was convicted by a Tokyo court in October for

accepting a $2 million bribe from Lockheed

Corporation when he was Prime Minister in the

seventies. *vfter the verdict, he declared that

he would not give up his seat in the House of

Representatives,, thus sparking off a furious

controversy about what should be done to prevent

further damage to the already sulied image of

the Diet. The Opposition parties demanded Mr.

Tanaka's removal from Parliament by an officially

sponsored resolution, but most of the ruling

Liberal Democratic Party leaders/ including the

Primer Minister, Mr. Yasuhiro Nakasone, refused

to take this course, fearing that i t would compound

the damage caused to the IDP's reputation.

This apart/ Mr» Nakasone would probably

like to leave Mr. Tanaka undisturbed for purely

personal reason; he owes his position today to the

support of the former Prime Minister. Besides in t

event of Mr. Tanaka being forced to leave the Diet,

the leadership of the Tanaka faction in the ruling

party (accounting for 118 members in the LDP's

strength of 286 in the justdissolved Lower House)

Contd..

- 143 -

would pass on to the Finance Minister, Mr. Nob or u

Takeshita, who would then emerge as a serious

rival to Mr. Nakasone for the post of Prime

Minister. There was also some uncertainty over

whether the fac^tion-ridden ruling party would

vote unitedly on a resolution on the former Prime

Minister's removal from the Diet. The Opposition

P&rties refused to attend parliament until

i t s demands on the. Tanaka issue were met; as a

result, some important legislation was stalled.

Now that a December general election is

certain, speculation is -rife on the probable efect

the Tanaka issue will have on the outcome, to which

Mr. Nakasone's future is inextricably linked. There

is l i t t l e doubt that the Liberal Democrats will ret?

a majority, but should i ts strength bo reduced by,

say, even 25 seats the Prime Minister may not have

much of a chance of winning the party presidential

election next year, which normally goes with the

Prime Ministership, ^s of now, there are no signs (

Mr. Tanaka opting out of the elections. On the

contrary, every effort is reportedly being made

by his supporters to prepare the ground for anothe;

election victory. The principal question is what

will happen if the kingmaker in Japanese politics

is once again returned to the Diet.• • • •

Statesman,Delh i ,2 .12 .83 o

- 144.- '

Crisis i.n j'lalayjjia

Malaysia is faced with a serious political

and constitutional crisis following the adoption

of a controversial bill by parliament that ends

the practice of seeking Royal assent for legislation

and transfers the right to declare an emergency

from the head of state to the Prime Minister. The

constitutional amendment bill has also other

provisions like increasing the strength of

parliament and the state legislatures and creation

of a supreme court in fact of the present federal

court. These reforms have been initiated by the

prime minister/ Dr. Mahathir Mohammed and his

United Malay National Organisation (UMNO), which is

the premier constituent of the ruling National Front,

The move is democratic in spirit and reflects and

majority will, though in the process it has upset

the delicate balance between royalty and the

popularly elected government. What is disquieting

in the situation is the sharp division among the »

people, particularly the Malays who seem to be torn

tetween their loyalty to the Sultans and UMNO.

The Sultans, who are constitutional heads of

the nine states constituting Maiaysia/ feel cheated

at the prospect of losing effective powers. Some of

them have sought the resignation of Dr. Mahathir

Mohammed who has rightly refused to oblige, ^n open

Contd.,.

- 1 4 5 -

confrontation is building up between Dr. Mahathir

and the Sultans. Who will have the upper hand

in this tension-ridden atmosphere is difficult to

say. One can appreciate the anxiety of Dr. Mahathir

to forestall any possible clash between the

government and the head of state should a strong-

willed Sultan come to occupy the position when the

election for the post is held in February. (The

present Yang Di Pertuan *vgong, Sultan <tfimad Shah

of Baharang completes his five-year term as

head of state in April).

The main problem in Malaysia today is how to

avoid an open clash between Dr. Mahathir's party

and the Sultans. I t should s t iJ l be possible to sor

out differences across the table. The onus is on

the Sultans who are expected to bow to popular

wishes and readjust their roles according to the

new constitutional provisions. Anything that

smacks of feudalism can have no place in a

democratic set-up. It is not in the interests

of the Sultans to swim against the popular

current.

Indian Express,New Delhi/3.12.83.

- 146 -

Landslide win for Taj .-an._ruJLinq party.

The ruling national party Kuomintang, which

has dominated Taiwan politics since 1949, scored

a landslide victory in Parliamentary elections

yesterday, capturing 62 of the 71 contested seats.

The Central Electoral Office today said the

Opposition "Tangwai" "Outside the party", a group

of mostly native Taiwanese politicians who

campaigned as individual.-.?, won only six seats.

The-remaining three seats were won by independents*

The office said 6,891, 160 of the 10,908,

1OO eligible voters or 63,17 per cent of the

electorate,, cast their ballots at 9.12 2 polling

stations across the country,.

In the last elections in 1980 voter turnout

ran somewhat higher at 67.7 per cent.

The elections for the legislative Yuan,

Taiwan's higest law-making body, saw the entry of

177 candidates, comprising 24 Tangwai,. 57 Independents

and 96 Kuomintang supporters,, Tangwai may be

pro or anti-Kuomintanq,,

Hindustan Times,,New Delhi,5.12.83.

- 147 -

Press hopes for polls in..October.

The consensus among Pakistani newspapers

is that the general elections will be held in

October next year, while President Zia-ul-Haq

is not committing himself to any specific date

before his deadline of March 1085,

Nine months are regarded essential by the

election commission for delimiting the constituencies

of the national and provincial assemblies on

the basis of the 1981 census-, But the Election

Commission cannot begin its work before a final

decision is taken by the government on whether

the election would be held on party or non-party basi

If Gen<, Zia opts for non-p-^rty elections as

he is keen on doing, the complex process of going

through the exertion of proportional representation,

as demanded by the pro-government Jamaat-i-Islami,

and the contentious registration and rejection of

parties will not arise,

Gen« Zia has tried to mollify the anger

of the political leaders by stating that if

elections a r e held on a non-party basis they will

be allowed to contest the elections, but some

qualifications will be prescribed for the candidates

which they have to meet. But so far what those

qualifications will be h^ve not been specified,

Contd..,

- 148 -

except that they h^ve to be good Muslims. But

Mauiana Shah Ahmad Noorani, the 'local leader

of the Jamait-ul. UlerLTM-i.-Pclv-is an, says those

elected through non-party system will be "puppets",,

while those elected through the normal process will

hold the government accountable to the people*

But i t is only after a firm decision in

respect of the mode of elections is taken and com/eye

to the electi ">n commission, whose members are busy

holding meetings and moving, around a great deal,

can the work of the delimitation of constituncles .

. start on the ground.

Meanwhile Gen. Zia who has been pleading

passionately for the creation of an authentic and

absolute Islamic society,- and promising safeguards

to ensure i t is not toppled or bypassed by a

'successor regime, is being challenged by the

religio-political leaders using strong Islamic

arguments in defence of democracy.

Maulana Shah Ahmad Noorani and other

religion-based political leaders are emphatic

that there is no scope at a l l for martial law

in an Islamic state. Professor Ghafoor Ahmad,

vice-president of the Jamaat-i-Islami, too,upholds

tbip assertion.

Nor can fundamental rights be suspended

in an Islamic state in the name of- a state of

Contd...

- 149 -

emergency. In a n Islamic state all Muslims are

soliders of Islam who should be. ready for "jehad"

if the state is seriously threatened, and hence

the question of suspension of their fundamental

rights does not arise/ -.:hey argue,,

Such leaders assert that in the earlier

decades of Islam when there were disputes in

regard to the succession of the caliphs and crises

arose on that score, none of the legendary

generals of Islam with tremendous achievements

were invited to take over the government. Nor did

any seek that. So a military government is

taboo in an Islamic state, they insist.

The Council of Islamic Ideology set up by

Gen, Zia, too said in its report on the future

constitutional setup that in Islam the head of

State had no more personal rights or privileges

than an ordinary citizen, «*nd the theologians are

firm that in an Islamic state the judiciary is

totally independent and there can be no curb on

its freedom.

The belief among Muslims has been that

there is no separation of the state from the

church in Islam, and a mosque is more than a

place of worshipe So Maulana Noorani, whose JUP

Contd...

• V i! ' ' i i , •!

- 150 -

has announced i t s "direct action" to end mart ia l

law and res tore democracy has been addressing

Juma prayers in large mosques. **s the party

controls many of the mosques in the country h is

partymen are doing likewise in large areas,

pa r t i cu la r ly in Sind and Punjab* Leaders of

other re l ig ious pa r t i e s , l ike a faction of the

Jamiat-uI-Ulema.-i-isI.v-n and Cfce Hadidh, too a r e

also making speeches in support of democracy

in t h e i r mosques.

Using the mosques for p o l i t i c a l purposes

in t h i s manner i s being res ta ted by others ,

pa r t i cu la r ly the ultra-orthodox Jammat-i-Islami,

which has hardly any control over the mosques. But

Mauiana Noorani defends h is action saying tha t the

mosque in Islam i s a place to pray as well as a

camttvanity centre where a n issues concerning the

community and country h3 ve been t r a d i t i o n a l l y

discussed and agreed decisions taken.

Because of the policy of JUP which has opted

for separate protest against continuation of mart ial

• law, but in support of the campaign of the nine party

Movement for Restoration of Democracy, the government

has not been able t o take any act ion against the

JUP so ---far'. • "B ut - -M&u la na ' Ttf oar-and - has - prom i s ed to

Contd. , .

II1

I1 • • , , » • *

- 151 ~

escalate his campaign by talcing out processions

advocating a no-tax movement etc. He is , however/

moving slowly, laud in words, but soft in deeds,

because the Punjab group of JUP, just like the

Punjab branch of the Jammat-i-Islami, is for going

slow and not to colide with the government.

But by following his separate course,

supportive of MRD, Ma-jlana Nooranl is able to

stand in the way of the formation of an effective

or strong rightist alliance of the kind the

government wants. In spite of many weeks of

exploratory efforts and too many meetings, lunches

and dinners between the Jarnrnat~i~-Islami and

Pagaro Muslim League leaders the alliance is s t i l l

more notional than real.

Meanwhile the Council of Pakistan Newspaper

Editors has come up with a strong demand for ending

the checks on the press„ <•'*• resolution passed by

i t s standing committee, after six years of i t s

protracted efforts for the withdrawal of the 20 year

old repressive Press and Publications ordinance

have ended in failure, says: "If democracy

is to take roots in Pakistan freedom of the press is

sine qua non for i t s continued existence".

The CPNE headed by Mr. Inquil<-ib Matri came up

with a code for editors and a court of honour-

under a retired high court judge of Lahore

Contd.. .

- 153 -

Declining to v;it.h-.U &v ihePress -and publication

Ordinance, he said i t was not his regime which

had promulgated i t . He deplored that "a large

section of the press was cr i t ical of everthing

in the country". He was cr i t ical of newspapers

which demanded immediate enforcement of Islam and

simultaneously devoted large space "to "the promotion

of powder and rouge" - publishing-colourful pictures

of women, as models or actresses,1

While the government banned political parties

in Pakistan, i t did not do so"in Pakistan-occupied

Kashmir,, So the Pakistan-occupied Kashmir People's

Pa^ty sought to undertake a seven day march from

Poonch to Islamabad to press for ending martiaj.

law and restoring democracy. But before that a

former president of Pakistan-occupied Kashmir, Sardar

Mohammad Ibrahim, and the president of the

state PPP* Pir *'£li Jan Shah were arrested along

with 58 others. That did not stop the seven-day

march* to Islamabad starting from Rawalkot.

«mong the many ailing political leaders

under detention or house arrest, Miss Benazir

Bhutto and Sardar Sherbaz Mazari have been advised

to go abroad for treatment by their doctors, but

S Ma?4ari has refused to leave the country.

Tiroes- o-f. India,New Delhi,8,12,83.

- 152 -

to persuade the government to rescind of ordinance

passed by President ^yub Kh--a and opposed strongly by

the press since then* But while successive regimes

had agreed to withdraw it before they came to

power or in the initial days of their power/ it

has not been repealed. The clause in the ordinance

that scares editors and publishers alike is that in

case of an offence by a newspaper regarded serious

by the government, the newspaper can be banned, its

editor arrested and the printing press seised <,

The CPNE held -a three-day Ou.a:i.d-i~**z3ni Press

Convention in May to'highlight Mr, -Jinnah's strong

advocacy of a free press, «-nd invited Gen*

Si3 to inaugurate it in the hope that he would

announce some relief for the press. But no concession;:

came through, and after a series of meetings between

the CPNE'officials and the ministry of information

the amendments to the ordinance sought by the

editors, too., have not been accepted.

President Zia said last week that the press

could not be granted mxec-s trie ted freedom and anyone

vfriting against the ideology of the country and

the nation would be checked. Such freedom did .not

exist anywhere in the world, including socialist

a.nd -western democracies., he stressed.

Contd..

- 154 -

New Argentina Govt. sworn, in

Argentina's new 13 - man government was

sworn in yesterday at a ceremony at government

headquarters before President Raul ^I

The new Argentine cabinet comprises eight

ministers and five secretaries of state.

The British prime minister/ Mrs. Margairet

Thatcher, has congratulated Mr. Raul ^lfonsin

on his investiture as Urgentirnn president after

six years of military rule.

Times of India,Mew Delhi, "12.12.83.

*. 155

Ershad assumes Pr

Opposition invited for.. .tg.Iks

Bangladesh Chief Martial Law administrator,

Lt-Gen. Hussain Mohammad Ershad, in a dramatic

development, today proclaimed himself a s President

of the country by an amendment of the martial law

proclamation of March 24, 1982.

Earlier, incumbent President ^hsanuddin

Chowdhury appointed by the Chief Martial Law

^-administrator, resigned from his office.

The signing of the proclamation took place

at Banga Bhavan, official residence of the

President.

Gen. Ershad, who earlier dissolved his

Council of Ministers, when he assumed office today,

retained all the members of the dissolved Cabinet

with their former portfolios.

In his address to the nation as President,

Gen. Ershad said that it had become a n "impelling

necessity for him to take over the presidency

to pave the way for country's transition to

democracy from martial law and to complete the

unfinished tasks of his military Government*'.

Gen. Ershad said "we have reached such a

stage, when I want to dedicate myself completely to

the task of establishing democracy in the country

and with a view to attaining this objective, I

Contd...

- 156 -have already taken necessary steps".

"I am now inviting al l the political parties.their

of the country and ^ leaders for dialogues

with me in order to find out how my efforts for

country's transition to democracy can be expedited",

Gen. Ershad said.

Gen. Ershad took over as President less than

two hours after the 14th conference of Islamic

Foreign Ministers ended here. He retained the

position of Chief Martial Law administrator.

**s the Foreign Ministers were leaving for

Dhaka airport to return home. Gen, Ershad was

administering the oath of office at l anga Bhawan

to 16 Ministers present.in the capital Finance

Minister "•.K.M.Mohit is abroad.

Information Officer Toab Khan said Gen.

Ershad assumed the Presidency about 11,15 a.m.

Immediately after taking oath/ President

Srshad went to Smiriti Saud at Dhaka and offered

wreaths. He also visited the grave of assassinated

President Zia-ur-Rahman.

According to political circles, by bringing

the country's administration directly under him

Gen. Ershad might find i t easier to deal with

the mounting challenge from the opposition parties

who want an end to his military regime,

restoration of democratic rule and holding of

parliamentary elections before the presidential

Contd,,.

- 157 -

elections scheduled to be held on May 24 as

announced by the military regime.

Gen. Ershad/ who has offered to hold

negotiations with the 15 party alliance led by

Sheikh Hasina Wazed of the *iwami League and

the seven party alliance led by Begum Khaled Zia

on their five point charter of demands> is stated

to be in favour of giving them political positions in

his Government if this would ensure peace in the

country.

•According to political observers, by

taking over as President, Gen. Ersad might have

taken the sting out of the opposition demand as

he could very conveniently hold the parliamentary

elections without the need for having an election

for the President.

Observers believe that even' if the elections

were called for parliament the two opposition

combines might not be able to remain united. For

instance, the two alliances had not been able to

agree on a general "hartal" on Nov.20, a call

for which was given by Begum Khaleda Zia's

Bangladesh Nationalist Party.

I t was not immediately clear how today's

move would affect the planned presidential poll.

C ontd.,,

- 158 -

Security was immediately tightened all

over Dhaka but life went on as usual. Shops

were open , buses plied and the streets were

as crowded as ever*

There was no immediatel reaction from

the Opposition.

Gen. Ershad took over as Chief Martial law

*x1ministrator (CMLH-) on March 24, 1982, in aThis was the third coup

swift predawn bloodless coupon the young

republic since 1971.

Gen. Ershad promulgated Martial law

throughout the country that very day, dissolved

Parliament and the Council of Ministers and

suspended the Constitution,

•kll political activities Were banned. He

lifted the ban on Nov« 14 last but peimposed

it after the Nov.. 28 violence in which anti-

Martial Law demonstrators demanding the restoration

of democracy and parliamentary elections fought

pitched battles with the police.

Hindustan Tiwes>New Delhi)12.12.83,

- 159 -

Denmark snap poll on Jana. 1Q.

Denmark's shaky minority Government has

called a snap general election for 10 January

after Parliament decisively rejected i ts 1984

austerity budget.

It is clear the Government cannot accept

this end/ i t must call an election1. PrimeMinister

Schlueter told the assembly yesterday

after i t voted down thePinance Bill by 93 to 77.

Mr. Schlueter/ Denmark's first conservative

Prime Minister since 1901, said his centre-right

administration would not resign but remain in

office until the election.

This is permitted under the Denish

constitution and mean, he will be the first

choice to form a new coalition if the election

results are not conclusive.

In i ts controversial budget plans, the

15-month-old coalition had sought to reduce the

country's huge deficit by curbing public spending.

Patriot,New Delhi,18.12.83.

- 160 -

Soviet pol ls on March 4.»

General Elections have been announced in

the Soviet Union on March 4.

All Soviet c i t i zens about 18 years wil l

be e l i g i l e to vote on that Sunday to re turn 750

deputies t o the Soviet of the Union and an equal

number t o the Union.of Nationali t iex. The two

houses are equal chambers of the Supreme Soviet

of the USSR,, which i s the highest s t a t e authori ty

in the country.

The presidium of the USSR Supreme Soviet

issued yesterday the decree by which the nation

goes t o the pol ls elect the eleventh Supreme Soviet .

T5RM-EXPIRES

The Politburo of the Communist Party discussed

ea r l i e r in the week arrangements for the poll as the

term of the tenth Supreme Soviet expires in March,

Supreme Soviet elections are held every five

years on the basis of universal and direct voting

by secret b a l l o t .

The e lectoral d i s t r i c t s of the soviet of the

Union have an equal number of voters throughout

Soviet t e r r i t o r y while those of the Soviet of

na t iona l i t i es are 32 in each Union Republic / 11 in

each autonomous republic, five in each autonomous

regior. and one each autonomous area.over

**ny citizen.^21 years of age may be elected a deputy

HeraldtBangalore,19.12,83.

- 161 -

General S l e e t i.QQ?LJJl.J^33-J2ILJ/larc'h 4-

General elections have teen announced in

the.Soviet Union on March 4.• • i . •

±O.l Soviet citizens aboye 18 years will be

eligible to vote on that Sunday to return 750

deputies to the Soviet;of the Union and an equal

number to the union of nationities. The two

houses are equal chambers of the Supreme Soviet

of the USSR, the highest state authority in the

country.

Supreme Soviet elections are held every

five years on the basis of universal and direct

voting by secret ballot.

The electoral districts of the Soviet of the

Union have equal number of voters throughout

Soviet territory while those of the Soviet of

nationalities are 32 In each union republic, 11

in each autonomous republics, five in each autonomous

region and one in each autonomous area.

Times of India,New Delhi,19.12.33,

- 162 -

Historic, pc;re;it

"•t first sight i t might seem odd to call a

result which leaves the Liberal Democratic party

(XDP) of Japan as the single largest i>arty (only a

few seats short of an absolute majority) an

historic defeat. Yet that is exactly what i t i s .

The ever tenuous stability of Japan's political

system has always been dependent on an otherwhelming

dominance of the IDP whereby last time i t secured

not only the 2 56 seats necessary for a majority

in the Japanese Diet (parliament) but also over the

minimum of 270 seats which could secure for i t

control over the crucial conriittees of the lower

house. It was this control over the levers of

state power that kept in check the sometimes bit ter

factional fights within the IDP and provided some

framework for order and mutually acceptable compromises,

The authority of the current premier, Mr Yasuhiro

Nakasone, has been gravely undermined since he has

presided over the greatest decline in the LDP's

popularity in the post-war period. There is an

additional twist, Mr. Nakasone owed his eminence as

party leader to the support of two of the LDP's

five major factions - those led by former premiers,

Mr ZenYo Sazuiki and Mr, Kakuei Tanaka. The judicial

indictment of Mr. Tanaka's role in the Lockheed

Contd....

- 163 -

bribery scandal was one of the major triggers

for the elections, "rid it is no secret that Mr

Nakasone was keen on reducing Mr. Tanaka's influence

within the LDP as a way of enhancing his own authority

with the wider electorate and, therefore, within

the party. But Mr. Tanaka has been returned

from his constituency with a thumping majority

which he will no doubt argue is a political vindication

regardless of what the courts may say about him. In

brief, in this internal "trial of strength" between

Mr. Nakasone and Mr. Tanaka, the latter has emerged

the victor.

^part from the question of leadership, the

LDP has got a number of other problems on its hands.

Even before these elections Mr. Nakasone had to

promise longneeded electoral reforms of a system

which gave the IDP unfair advantages because of the

disproportionate weight given to MPs from the rural

areas where LDP support is strongest. The pressure

for a redrawing of constituency boundaries will not

become much stronger and may indeed be a precondition

for a coalition government- if the LDP is not able

to win over a sufficient number of independent

MPs. Such a step would institutionalise the

relative decline of the LDP, Almost a n opposition

Contd,,.

- 164 -

parties (the Socialists as the second

party, and the Komeito, in particular) have

gained from the growing public disillusionment

with LDP corruption and its unpopular domestic record-

lack of adequate reforms in administration and

education, and resentment on the part of the

urban Japanese worker at the unequal tax burden

which favours farmers, the self-employed and the

rich.

Times of India,New Delhi,20.12.83,

- 165 -

Vote against money polj.tj.cs.

The Returns From the Japanese elections

show that the Prime Minister* Mr. Makasone, has

failed in his gamble of calling for early

elections. Basking under his major foreigo

policy initiatives, he had hoped to win at least

270 seats in the 511 member lower house which

would have made his leadership secure and ensured

the smooth running of the Government. However, the

political ethics issue appears to have weighed

heavily with the voters and the ruling Liberal

Democratic Party's weakness in dealing with

one of the most serious problems the Japanese

people have had to face in recent years - namely

the former Prime Minister, Mr. Tanaka, who has

been convicted of bribery in the lockheed scandal -

has clearly cost it dear. In the event, it is

short of even a bare majority though it will be

able to form the Government with the support of

independents, *vnong the opposition parties, the

Komeito, the Buddhist-oriented group that

compaigned for "clean government", the Japan

Socialist Party and the Democratic Socialists have

made significant gains while the ruling party has

lost seats even in its traditionally strong rural

pocket s,

Contd...

- 166 -

Before formally calling for el care ions,

Mr. ISfekasone sought to distance hd:vis-slf from Mr.

Tanaka by advising him to resign froin the Diet.

But during the campaign, he was seen carefully to

skirt the issue while the opposition and even the

non-mainstream factions within the 1DP were strident

in demanding a clean break with the manipulative

politics that Mr. Tanaka represented. Mr. Tanaka

who has appealed against his conviction

blatanty ignored calls that he quit politics and

has obtained the mandate of his pocket borough

to continue in the lower house as an independent.

Mr. Nakasone's early foreign policy moves- his

high posture on defence and proposals to link up

with the United States in defence technology/ for

instance, - made many of the Japanese politicians

uneasy. But particularly after the downing of the

Korean airliner over the Soviet Union, his general

westward orientation gained a greater appeal. The

visits to Japan in quick succession of Mr. Kohl,

Mr, Trudeau and Mr. Reagan tended to reinforce his

image as an international- statesman and

pre-election opinion surveys .showed that the voters

gave him high marks for foreign policy though a

poor rating for domestic management. Even on the

domestic front, Mr. Nafcasone sought to convince the

electorate tha-t-bhe_ nation's health would be

Contd...

- 167 -

jeopardised if i t turned away from the LDP

which has ensured continuous and unparalleled

prosperity in the post-war periodo ^nd despite a

growing budgetary deficit/ he offered tax cuts

unmindful of the comment of the opposition

parties that he would raise taxes once the

elections were out of the wayo Mr. Nakasone's

major moves such as the opening up of the Japanese

market to imports and a stronger defence stance

would now seem to be engulfed in uncertainty. Even

his position as leader would not be secure, for

one of the faction leaders supporting him/ the

former Prime Minister Mr. Suzuki, had declared that

he should say goodbye to the Prime Ministership if

the LDP won less than 270 seats. To Japan's Western

all ies , the LDP's showing must have come as a

shock. The Prime Minister had declared in his very

first campaign speech that "Should the LDP lose in

the election . . . Japan will also lose the confidence

of the international community." The voters

apparently were not impressed and their verdict

indicates an unmistakable annoyance over the

ruling party's style of factional and manipulative

money politics,

• • • o •

Hindu/Madras,20.12.83

- 168 -

No lower' age-limit for. PEgs

The Government today turned down the

for lowering the minimum age-limit for the

office of President and Governor from the existing

3 5 years to 30 yeax-s.

Intervening in a discussion in the Rajya

Sabha on a private member's Constitution amendment

Bill, moved by Mr. Shiva Chandra Jha (Janata) for

reducing the minimum age-limit, Deputy Minister for

Law, Justice and Company Affairsf Gnulam Nabi ^sad

said President's office was of great importance and

respect. Only a person of maturity could do

justice to i t .

Mr. ^zad pointed out that the ^V3rninistrative

Reforms Commission had suggested that only persons

with long experience in public l ife and administration

should be appointed Governors, This regard for

maturity applied with greater force to the office

of President.

Mr. A2ad said that though the minimum age-limit

was 35, persons much older than that had so far

been chosen for the office of President.

He said that frustration of the youth was

not attributable to i t s inability to become President

or Goverrior. He also asserted that his party had

Contd. „.

- 169 -

given maximum possible representation to the

youth in Government, Parliament and State

Legislatures,

Replying to the discussion on the Bill,

Mr. Jha urged the Government to circulate the

Bill for eliciting public opinion.

He said the Constitution had already been

amended a number of times to meet the demands of

the changing times. The minimum age limit

provided in it could also be changed. Mr Jha

said there was no rational basis for maintaining

that maturity came at the age of 35 and not 30.

Consideration of the Bill remained inconclusive.

Hindustan Times,New Delhi,23.12,83,

- 170 -

Denmark to-have mid-term p

Denmark is to have a mid-term election

to the Folketinget (Parliament) on January

1O following the rejection by the House of the

budget presented by the four-party coalition

Government led by Mr, Paul Shluter of the

Conservative Party/ says FTIO

The irony is that the election is not

likely to lead to a strong Government with a

majority of i t s own.

According to an opinion poll conducted

immediately after the election was announced, the

rightist and socialist groupings in the House

would retain their relative numbers, although within

each group one party might gain some seats at the

expense of another. That means that the budget

that was rejected would be presented again in the

last week of January.

The Statesman,Delhi,29.12*83*

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