In Mani Lal v. Budhinath, , it was held that the election Commission can issue direction to allot a party symbol to a candidate when there is a delay in filing the confirmation that a particular candidate is a party candidate as contemplated in para 18 of the Symbols Order. It is also ruled that it is not necessary for the Election Commission to hear the other candidates.
This decision has been followed in subsequent Patna decisions including Karu Lall v. Fida Hussain, AIR 1960 Pal 556 and Mani Lal Yadava v. Budhinath Jha Kairava, AIR 1962 Pat 18. There is no doubt that the jurisdiction of the Tribunal to set aside an election on the ground of any irregularity in the conduct of the election arises only if there is a clear finding that such irregularity materially affected the results of the election as provided in Rule 82 (1) of the Gram Panchayat Election Rules. But the question for consideration by this Court at present is whether there was some evidence, however slender it may be, for the Court to hold that the results were materially affected by such irregularities, or else whether in law there was no evidence whatsoever and the finding of the Tribunal in this respect was based on some guess work or surmises. This Court is not sitting as an appellate Court to re-assess the evidence adduced before the Tribunal or to take a different view from that taken by the Tribunal on this question.