- (1.) Ch. Rahim Khan petitioner contested Vidhan Sabha Election from Nuh Constituency of District Gurgaon in March, 1972, against Khurshid Ahmed and others and was declared elected. Khurshid Ahmed filed an election petition (No 7 of 1972) under Section 80 and 80-A of the Representation of the People Act, 1951. (hereinafter the Act) and the same was accepted on March 12, 1973, by the High Court on the ground that the petitioner had committed corrupt practice at the election. The petitioner was disqualified for a period of six years under Section 8-A (old) of the Act. The petitioner preferred an appeal to the Supreme Court under Section 116-B of the Act against the order of the High Court dated March 12, 1973 and also applied for an interim stay of the operation of the impugned order. On May 4, 1973, the Supreme Court passed an interim order on the stray petition of the petitioner, the operative part of which reads:- "The petitioner-appellant herein be and is hereby permitted to sign the register of the Haryana Legislative Assembly and shall not take pat in the proceedings of the said Assembly, shall not be entitled to any allowance of perquisites as a member o the said Assembly. (2)................... "
(2.) The Supreme Court dismissed the appeal of the petitioner on August 8, 1974. The order of the Supreme Court, issued by the Deputy Registrar reads : "The appeal above mentioned being called on for hearing before this Court on the 10 th,11th, 15th, 16th, 17th, 18 th, 19 th, 22nd, 23rd, 24 th, 25 th, 26 th, 29th and 30th days of April, 1974 up on hearing counsel for the appellant and respondent No. 1. This Court Doth Order: (1) That the appeal above mentioned be and is hereby dismissed; (2) That the parties herein shall bear their respective costs of this appeal throughout; (3) That this Court's order dated the 4th day of May, 1973, granting stay in Civil Misc, Petition No. 3751 of 1973 be and is hereby vacated; And this Court Doth further order that this order be punctually observed and carried into execution by all concerned; Witness the Hon'ble Shri Ajit Nath Ray, Chief Justice of India at the Supreme Court, New Delhi dated this the eighth day of August, 1974. Sd/- Deputy Registrar"
(3.) A list of person disqualified under Section 8-A and 11-A (2) of the Act as on August 31, 1979 (relevant except P. 1) was prepared and the name of the petitioner was entered therein. The period of disqualification against the name of the petitioner was shown as six years from August 8, 1974. The petitioner moved the President of India /Election Commission praying for the removal of his disqualification and in the alternative pointing out that his period of disqualification should be taken as expired on March 12, 1979, that is on the expiry of six years with effect from March 12, 1973. The representation of the petitioner was declined and the view expressed by the authorities was that the period of disqualification would start from the date of the Supreme Court's judgment, that is August 8, 1974.The petitioner has filed the present writ petition praying that the list P. 1 in so far as it relates to him be quashed on the ground that the period of his disqualification of sic years stands expired on March, 12. 1979.;