Case Note & Summary
The dispute arose from an election petition challenging the election of a candidate to the Punjab Legislative Assembly. The appellant contested the election as a candidate of the Lok Dal Party, while the respondent was declared elected as the candidate of the Indian National Congress (I). The appellant alleged that the change of symbols allotted to the candidates violated the Election Symbols (Reservation and Allotment) Order, 1968 and the Representation of the People Act, 1951. The High Court struck out certain paragraphs of the election petition, ruling that they did not disclose a cause of action. The Supreme Court, however, found that the High Court erred in its decision, emphasizing that the election petition must contain a concise statement of material facts, which the appellant had provided. The Court clarified that the Symbols Order was indeed made under the Act, and any breach of its provisions constituted non-compliance with the Act. The Supreme Court allowed the appeal, reinstating the paragraphs that the High Court had deleted and affirming the validity of the election petition.
Headnote
A) Election Law - Election Petition - Material Facts - An election petition must contain a concise statement of material facts as per Clause (a) of sub-section (1) of section 83 of the Representation of the People Act, 1951. The High Court's deletion of paragraphs from the petition was unjustified as the appellant had disclosed all material facts necessary to establish a cause of action regarding the change of symbols. Held that the election petition was valid and should not have been struck out (Paras 4-18). B) Election Law - Symbols Order - Authority of Election Commission - The Symbols Order is an order made under the Representation of the People Act, 1951. The Supreme Court held that the change of allotment of symbols by the Returning Officer, even if in breach of the Symbols Order, amounted to non-compliance with the provisions of the Act, thus falling within the purview of section 100(1)(d)(iv) (Paras 4-18).
Issue of Consideration
Whether the change of allotment of symbols by the Returning Officer constituted non-compliance with the provisions of the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeal, reinstating the paragraphs that the High Court had deleted and affirming the validity of the election petition under section 100(1)(d)(iv) of the Representation of the People Act, 1951.
Law Points
- Election petition
- material facts
- symbols allotment
- non-compliance
- cause of action
- Election Symbols Order
- Representation of the People Act
