- (1.) An interim order passed by the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution, during the currency of the process of election, whereby the High Court has stayed the Notification issued by the Election Commission of India containing direction as to the manner of counting votes and has made directions of its own on the subject, has been put in issue by the Election Commission of India filing these appeals by special leave under Article 136 of the Constitution.
(2.) The facts in brief. The 12th Lok Sabha having been dissolved by the President of India on 26-4-1999, the Election Commission of India announced the programme for the General Election to constitute the 13th Lok Sabha. Pursuant thereof, the polling in the State of Kerala took place on 11-9-1999. The counting of votes was scheduled to take place on 6-10-1999.
(3.) In exercise of the powers conferred by Rule 59-A of the Conduct of Election Rules, 1961, the Election Commission of India issued a Notification published in Kerala Gazette Extraordinary, dt. 1st October, 1999 which reads as under :- "NOTIFICATION No. 470/99/JUD-II(H.P.) - WHEREAS, Rule 59-A of the Conduct of Election Rules, 1961 provides that where the Election Commission apprehends intimidation and victimisation of electors in any constituency and it is of the opinion that it is absolutely necessary that ballot papers taken out of all ballot boxes used in that constituency should be mixed before counting, instead of being counted polling stationwise, it may, by notification in the Official Gazette, specify such constituency; 2. AND WHEREAS, on such specification under the said Rule 59-A of the Conduct of Election Rules, 1961, the ballot papers of the specified constituency shall be counted by being mixed instead of being counted polling stationwise. 3. AND WHEREAS, the Election Commission has carefully cosidered the matter and has decided that in the light of the prevailing situation in he State of Kerala, and in the interests of free and fair election and also for safety and security of electors and with a view to preventing intimidation and victimisation of electors in that State, each of the Parliamentary Constituencies in the State except 11-Ernakulam and 20-Trivandrum Parliamentary constituencies, may be specified under the said Rule 59-A for the purposes of counting votes at the General Election to the House of the People, 1999 now in progress; 4. NOW, THEREFORE, the Election Commission hereby specifies each of the said Parliamentary Constituencies except 11-Ernakulam and 20-Trivandrum Parliamentary constituencies in the State of Kerala, as the constituencies to which the provisions of Rule 59-A of the Conduct of Election Rules, 1961 shall apply for the purposes of counting of votes at the current General Election to the House of the People. BY ORDER Sd/- (K.J. RAO) Secretary, Election Commission of India";