R.S. CHIB Vs. ELECTION COMMISSION OF INDIA & ORS.
LAWS(SC)-1991-8-87
SUPREME COURT OF INDIA
Decided on August 09,1991

R.S. Chib Appellant
VERSUS
Election Commission of India And Ors. Respondents

JUDGEMENT

- (1.) By means of this Writ Petition under Article 32 of the Constitution, the petitioner has challenged validity of the Order of the Chief Election Commissioner dated 20th June, 1991 altering the date of Election for the Lok Sabha and also for the State Legislature in Punjab.
(2.) It is urged on behalf of the petitioner that the Chief Election Commissioner acted arbitrarily in postponing the Election to 25th September, 1991. It is well settled in a atone of decisions of this Court that Election Commissioner has power to postpone the date of election or to change the date of poll having regard to the exigencies of the situation and the conditions prevailing in a particular area. In the instant case in the State of Punjab law and order problem was acute and a number of candidates contesting the elections had been shot dead. The Election Commissioner changed the date of poll and changed the dates for holding the election in view of the prevailing conditions in the State. In this view it is not possible to accept the contentions made on behalf of the petitioner that the action of the Chief Election Commissioner is arbitrary and unreasonable.
(3.) Learned counsel then urged that the respondent - authorities have withdrawn security given to the candidates contesting the election as a result of which the petitioner's life who is a candidate to Lok Sabha from Gurdaspur Constituency is in danger. The averments contained in the petition do not make out a clear case that the security provided to the petitioner has been withdrawn. However, if the petitioner is a candidate as he claims to be so for election to the Lok Sabha, the respondent-authorities should continue to provide security to him to ensure safety of his life and to enable him to contest the election as is being done in respect of other candidates.;


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