A.N.Varma, J. - (1.) This is an election petition filed by the petitioner under the provisions of Section 81 of the Representation of People Act, 1951 (to be hereinafter referred to as the Act), calling in question the election of the returned candidate, respondent No. 4 from 16 Lucknow Parliamentary Constituency Lucknow. Apart from the returned candidate, the petitioner has impleaded the Election Commission of India through Chief Election Commissioner, Union of India through Secretary Ministry of Law and Justice New Delhi, Returning Officer 16 Lucknow Parliamentary Constituency Lucknow, and the B.J.P. (Bhartiya Janta Party), through President, Resident of Ashok Road New Delhi as respondent No. 4.
(2.) Major S. N. Tripathi (Sheshmani Nath Tripathi), an elector of the said Constituency, has filed the election petition on variety of grounds. Except respondent No. 4 no one has appeared on behalf of the rest of the respondents to contest the election petition despite notice to them.
(3.) According to the petitioner the election to the 16 Lucknow Parliamentary Constituency Lucknow, has not been conducted in accordance with law. The law under which the election of the said Constituency has been conducted is no valid law. He has also challenged vires of various provisions of the Constitution as well as the Representation of People Act along with the Rules framed thereunder and the Symbols Order. As per his averment, B.J.P. is an alien for 16 Lucknow Parliamentary Constituency Lucknow. The main ground upon which he has assailed the election of respondent No. 4 has been enumerated in paragraph 13 of the election petition which reads as follows : "13. That this election in which Sh. Atal Behari Bajpayee contested as a nominee of the aid B.J.P., was inducted according to the terms of the 'Symbols Orders' Annexure-3 and his nomination as "Candidate" was accepted in terms of the 'Nomination Form 2A', Annexure-2 which are containing provisions which were made by the Election Commission and the Government of India by flagrant 'non-adherence' and 'non-compliance' of the following provisions : (a) Constitutional provisions under Articles 13 (2), 14, 19 (1)(a), 19 (4), 21, 81, 84, 102 (1)(d) and 324 to 326 ; (b) Provisions of the Act Sections 2 (a), 2 (e), 2 (f), 4, 14, 30 to 37, 62, 79 (d), 123 (b) and 169 ; (c) Provisions of Rule 5 (1) of Rules, 1961. as a consequence of which the entire election was vitiated and the election of the returned Candidate Sh. Atal Behari Bajpayee got materially affected which falls under Sections 100 (1)(d)(iv) and 98 of the Act compelling the petitioner to raise question about the said election in the background of the overall Scheme of the Constitution and the laws settled in this behalf.";