Supreme Court of India
Iqbal Singh vs G.S. Badal And Ors. on 12 April, 1972
Equivalent citations: AIR1973SC581, (1973)2SCC56B, 1972(4)UJ912(SC), AIR 1973 SUPREME COURT 581, 1973 2 SCC 58 (1)
Author: A.N. Grover
Bench: A.N. Grover
JUDGMENT A.N. Grover, J.
1. This appeal from a judgment of the Punjab and Haryana High Court which is directed against an order of the Chief Election Commissioner allowing inspection in terms of Rule 93 of the Conduct of Election Rules, 1961 shall stand disposed of in the following manner : --
2. Counsel for the appellant and the contesting respondent who is the returned candidate agree that the order of the Chief Election Commissioner dated 15th March, 1971 would be set aside on the ground that no reasons have been recorded in that order as required by Rule 93 of the Conduct of Election Rules, 1961. The formal order of 16th March, 1971, shall also stand set aside as not being the order of the Chief Election Commissioner. This will, however, be without prejudice to the right of the appellant to seek an order of inspection of the ballot papers and the electoral rolls used for the Lok Sabha Parliamentary election of the Fazilka constituency held in March 1971 and/or any recount in the election petition filed by the appellant challenging the said election and now pending in the Punjab & Haryana High Court in accordance with the law laid down by this Court, in particular, the decision reported jitendra Bahadur Singh v. Krishna Behari and Ors. as also any changes in the provisions of the Representation of people act or the Conduct of Election Rules & any directions legally issued by the Chief Election Commissioner, either under the aforesaid Act ort he Rules. An appropriate issue with regard to the inspection etc. has already been framed by the High Court in the election petition. Let the costs be costs in the election petition.