JUDGMENT :

J.B.PARDIWALA, J.

“At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper – no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point.” - Sir Winston Churchill

The Supreme Court, in the case of Mohinder Singh Gill and others vs. The Chief Election Commissioner, New Delhi and others, reported in AIR 1978 SC 851, quoted the aforesaid statement of Sir Winston Churchill with approval and thought fit to add the following to the aforesaid statement :

“If we may add, the little, large Indian shall not be hijacked from the course of free and fair elections by mob muscle methods, or subtle perversion of discretion by men dressed in little, brief authority. For 'be you ever so high, the law is above you'.”

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicants have prayed for the following reliefs :

“(A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or prohibition or any other appropriate writ, order or direction and to quash and set aside the circular – Ann