KULJIT SINGH Vs. LAXMI KANTA CHAWLA

JUDGEMENT

(1.) THIS Election Petition has been filed by an unsuccessful candidate S. Kuljit Singh seeking the setting aside of the election of the respondent Smt. Laxmi Kanta Chawla, the successful candidate returned to the Assembly of Punjab Vidhan Sabha Constituency No. 18, Amritsar Central in the election held on 7.2.1997.

(2.) THE grounds on which the election of the respondent as member Legislative Assembly of Punjab Vidhan Sabha is sought to be set aside, are that the election Symbol which was alloted to the petitioner initially was "Umbrella", which was changed by the Returning Officer without any notice to the petitioner and instead the symbol of 'Electric Bulb' was allotted to him and this greatly prejudiced the petitioner in-as-much as he had gone to the voters in canvassing for himself with the Symbol 'Umbrella'. It was urged that wide publicity of the said Symbol was made amongst the electorates. The petitioner had started his election compaign and had addressed various public meetings by putting the banners of his election Symbol of 'Umbrella'. The petitioner got a good response from the electorates who were expected to cast their votes in his favour. It has been averred in the petition that there was a general wave amongst the electorates to cast their votes in favour of the petitioner who had been allotted the aforesaid Symbol of 'Umbrella'. According to the contention of the petitioner, the result of the election was materially affected by the sudden change of Symbol at the time when there was no chance of going to the electorates for canvassing with the changed Symbol of 'Electric Bulb'. Apart from this, the said change of the symbol was done without any prior information/intimation and notice to the petitioner who was not afforded any opportunity of hearing. The action of the Returning Officer in changing the election Symbol violated the principles of natural justice.