BRIJMOHAN LAL Vs. ELECTION TRIBUNAL ALLAHABAD AND OTHERS

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution filed by a respondent in the election petition which is pending against him. It involves an important question of law namely, whether a Tribunal constituted under S. 86 of the Representation of the People Act, 1951 (hereinafter called the Act) has the power to review its orders like a Civil Court under S. 114 read with O. 47, H. 1 or S. 151, Civil P.C. The facts are these. The petitioner Sri Brij Mohan Lal and the respondent Shankar Lal along with five other candidates contested the election to the Uttar Pradesh Legislative Assembly from 302 Banda Assembly Constituency in the general election of 1962. The polling took place on 25th February 1962 and the result was declared on the same day. The petitioner secured 9173 votes against the respondent Shanker Lals 8903 and was elected by a majority of 270 votes. The votes of the other five candidates were respectively 5218 (Praja Socialist Party), 3109 (Ram Raj Parishad), 1575 (Communist Party), 1300 (Jan Sangh) and 772 (Independent). Thus the vote was very close and the petitioner obtained a little more than the one-third of the total votes polled. The respondent Shanker Lal filed a petition under S. 81 of the Act challenging the petitioners election on various grounds including a charge that the petitioner was guilty of corrupt practices. He also alleged that the counting of votes was defective as a result of which a large number of village votes of the election petitioner (respondent before us) had been invalidly rejected and a large number of invalid votes had been counted in favour of the winning candidate (Brij Mohan La! the petitioner before us). He also alleged that there was "foul play in counting of ballot papers" due to the influence of the brother of the winning candidate who was the Nazir in the Collectorate. He further complained that his application for a recount was illegally rejected. He claimed to have secured more votes than the winning candidate (Brij Mohan Lal the petitioner before us), He asked for two reliefs - (1) that the election of the winning candidate be declared void and (2) he be declared as duly elected from the 302 Banda Constituency.

(2.) AN Election Tribunal was appointed to try the petition and notice was issued to the respondent Brij Mohan Lal (the petitioner before us), and he filed on 14th July 1962 - within the prescribed period of fourteen days a notice of recrimination under Sec. 97 of the Act. This notice was accompanied by a statement including particulars of corrupt practices alleged to have been committed by the election petitioner during the election. It is common ground that the statement did not include the ground under Sec. 100(1)(d) (iii) or (iv) of the Act. On the same date the petitioner before us filed a written statement in reply to the election petition.

(3.) THE election petitioner then filed an application for the review of the aforesaid order on the ground that it was in conflict with the decision of the Supreme Court in Bhim Sen v. Gopali, 22 Ele. L. R. 288 (SC). The application for review was opposed by the winning candidate Brij Mohan Lal (the petitioner before us) and after hearing the parties and once again considering the case law on the subject, the Tribunal rejected the review application and allowed the amendment of the statement and particulars in the notice of recrimination. But on 9th February 1963 it reviewed its two previous orders dated 2nd January and 24th January and came to the conclusion that the objection of the election petitioner to the additional written statement must prevail. Accordingly it directed that the additional pleas in the written statement be struck off. Against this order the petitioner has come to this Court for relief under Art. 226.