The Election Commission has the power to revise the allotment of symbols to candidates under Sub-rule (2) of Rule 10 of the Representation of People (Conduct of Elections and Election Petitions) Rules, 1956.

U.N.Sinha, J.

1. This appeal has been filed by Sri Mani Lal Yadav under Sec.116-A of The Representation of the People Act, 1951 (Act No. XLIII of 1951). It is directed against the order of the Election Tribunal of the Santhal Parganas, dated the 19th September, 1960, by which, order the Election Tribunal has declared the election of Sri Mani Lal Yadav, the returned candidate, to be void under Sectiion 100(1) (d) (iv) of the Representation of the People Act, 1951 (to be called hereinafter as the Act). The tacts are as follows; There was a constituency in the district of the Santhal Parganas known as Godda Constituency, which was a double member constituency. In the general election held in 1957, for election of members to the Bihar Legislative Assembly, there were two seats in this constituency, one a general seat, and another, a reserved seat for scheduled tribes. There were four candidates for the general seat and three for the reserved seat. The following persons were the candidates for the general seat:

1. The respondent in this appeal, Sri Budhi Nath Jha Kairava.

2. The appellant, Sri Mani Lal Yadav,

3. Sri Ratneshwar Jha, and,

4. Sri Pradhan Kisku.

The following persons were the candidates for the reserved seat:

1. Sri Chunka Hembrom,

2. Sri Barka Hansda, and,

3. Sri Prithwi Chandra Kisku.

The Respondent was a candidate of the Indian National Congress Party for the general seat. According to the respondent, the appellant got himself declared to be a candidate of the Jharkhand Party, although he was not a candidate of that party. The last date for withdrawal of the nomination papers was the 4th February, 1957. On that date, in due course, the Returning Officer declared the seven candidates named above as validly nominated candidates. The allotment of symbols to the candidates could not, however, be made on that date as the Returning Officer was running temperature and was unable to remain in the Court any longer. Therefore, 6th February, 1957, was fixed for the allotment of symbols. On the 6th February, 1957, Sri Budhinath Jha Kairava was recognised as a candidate on behalt of Congress, but the appellant, Sri Manilal Yadav could not be accepted as the official candidate of the Jharkhand Party, for the reasons given by the Returning Officer in his order of the 6th February, 1957. He was declared to be an independent candidate and allotted the symbol of an elephant. Shortly speaking, the reasons for which the appellant was not recognised as a candidate for the Jharkhand Party on the 6th of February, 1957, were these: Although one Sanat Raut, calling himself the Secretary of the Jharkhand Party, Santhal Parganas, had sent an information stating that Mani Lal Yadav was one of the official candidates of the Jharkhand Party, as it happened, Sanat Raut was not one of the persons authorised by the Jharkhand Party for sending such information to the Returning Officer.

A telegram dated the 23rd February, 1957, addressed to the Returning Officer had been received in his office on the 4th February, 1957, purporting to have been sent by Shri Ignaice Beck, General Secretary of the Jharkhand Party. In the telegram an information had been conveyed that the appellant was the official candidate of the Jharkhand Party for the Godda General Constituency. But as it happened, no letter confirming this information was sent to the office of Returning Officer, and so the signature of Sri Ignaice Beck could not be compared with the specimen signatures kept in the office of the Returning officer.

It appears that a petition had also been filed before the Returning Officer on the 6th February, 1957, by one Durga Murmu, as the Local Secretary of the Jharkhand Party, reiterating that the appellant was a candidate of the Party for the general seat of the Assembly. It was prayed that the appellant he allotted the symbol of a Cock assigned to the Jharkhand Party, or that, in the alternative, the allotment of symbols be postponed until 12 noon of th