- (1.) PALOK Basu, J. Urdu is generally regarded as a language of convening deepest of feeling in prose and poetry, articulate and intensely expressive. India can be proud of having given birth to such profound lan guage as Urdu and particularly the State of Uttar Pradesh gets the credit of being the birth place of the "urdu Zuban" whereafter it flourished as a language throughout the Nation. It is so close to Hindi which is the mother tongue of most of the people of Uttar Pradesh. Just as Urdu is also the mother tongue of a large part of the populace. At times, it become difficult to differentiate the expressions of the two lan guages because most grammatical prin ciples are common in Hindi and Urdu. While it is true that in writing Urdu, the persian script is used, while writing Hindi, Devnagri script derived from Sanskrit, the pronunciation of most of the words in the two language is more or less the same, in addition, in Urdu language one gets specific pronunciation of such words as 'z' 'khha', 'ghha' which may not he available in Hindi language and likewise some vowelish ex pressions such as 'u' or 'ult (3, 3) are more prominent in Hindi. However, in the State of U. P. there had been legislation followed by necessary Government notifications which made Hindi the official language. But in the recent past there has been a State law making Urdu also an official language with Hindi.
(2.) THE petitioner Mohd. Akhtar Churiwala has filed this writ petition with the prayer that a mandamus be issued com manding the respondents to issue ballot papers printed in Hindi and Urdu both in the constituency of Farrukhabad of the State of Uttar Pradesh for the election of Member of the Legislative Assembly about to be held soon. Sri Ranvir Singh, learned Counsel for the petitioner has been heard at substan tial length so much so that he prayed for time to file a supplementary affidavit, which was allowed and he had filed the same. The grievance raised by the petitioner is that in the ballot paper which is supposed to be used in the forthcoming Bye-Election in Farrukhabad, the name of the candidates have been printed in Hindi language and therefore, Official Language Act as per notification of U. P. State has been flouted. When the matter was argued last it was pointed out by the Court that such election are conducted by the Election Commission and the State Government has no authority in the matter. Consequently, in the sup plementary affidavit some provisions have been relied upon by the learned Counsel inasmuch as the amended Rule 30-A framed under the Conduct of Election Rules, 1961, has been quoted. It may be mentioned here that while under the old Rule 30 the provision was that every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoils shall be in such form and the particulars therein should be in such language or languages as the Election Com mission may direct. "
(3.) BY the amended Rule 30 it has been provided by adding Rule 30-A that every ballot paper "shall be of such design as the Election Commission may decide. " However, all the relevant provisions of the aforesaid rules are not being men tioned here. To cut short the matter, it is indisputable that the ballot papers are printed under the authority of the Election Commission.;