- (1.) This application for a Rule Nisi is directed against the Election Petition rules, 1967 framed by this Court for the purpose of hearing election petitions. The petitioner's prayers are as follows : a. An order in the nature of Mandamus to issue on the respondents to show cause why Election Petition Rules, 1967 of , as published in Calcutta Gazette Extraordinary dated March 20, 1967, should not be annulled being still born Rules as the central Government has not appointed different dates for coming into force of the provisions of sections 37, 38, 40, 41, 42, 43, 46, 47, 48, 49, 51 and 52 of the act (Act 47 of 1966 ). (a) an order in the nature of Certiorari calling upon the respondents Nos.1 and 2 to produce and cause to be produced all relevant records relating to the Annexure "a" and on such production being made to render conscionable justice by quashing the same. b. a writ/order in the nature of mandamus should not issue on the respondents to cancel/rescind/withdraw the Anx. "a" to this petition and to forbear them from taking any action founded on Annexure "a" and not to try any election petition till election petition rules are framed according to law. c. any appropriate order for the enforcement of the legal right of your petitioner to present election petition put in jeopardy because of Annexure "a" or to pass such order or orders as to your Lordship may seem fit and proper.
(2.) The grounds on which the petition is based have been set out in paragraphs 12 and 13 of the petition. In paragraph 12 it is alleged that the petitioner is concerned with the amendments affected by sections 37, 38, 41, 42, 46, 48, 49, 51, 52 of Act 47 of 1966 (Representation of the People [amendment act] 1966 ). These sections, it is alleged, empower the High Court to try the election petitions and the jurisdiction. previously given to Election Tribunals, was taken away from the Tribunals and given to the High Court in terms of the various sections of the said Act no.47 of 1966.
(3.) In paragraph 13 of the petition it is alleged that the petitioner has a right to challenge the election of a returned candidate who is respondent no, 4, but that he is left without a remedy, as he is unable to file the election petition as the Election Petition rules published in the Calcutta Gazette on March 20, 1967, cannot apply inasmuch as in terms of sub-section (2) of section 1 of the said Act No.47 of 1966 the Central Government has not appointed different dates for the coming into operation of the different provisions of the said Act No.47 of 1966. It is alleged that for these reasons the Election petition Rules to be enforced by the high Court in exercising jurisdiction under s.38 of Act No.47 of 1966 are without any authority of law, and the Election petition Rules framed by this court cannot be enforced. In order to appreciate the contention of Mr. Arun kumar Dutta. learned Advocate for the petitioner it is necessary to set out sub-section (2) of section 1 of the Representation of the People (Amendment)Act, 1966. This sub-section is as follows: (2) "it shall come into force on such date as the Central Government may, by notification in the Official gazette, appoint, and different dates, may be appointed for different provisions of this Act. ";