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2017 Supreme(P&H) 2331
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHESH GROVER, SHEKHER DHAWAN, JJ.
TARSEM LAL - Appellant
Versus
ELECTION COMMISSION OF INDIA - Respondent
CWP No.1239 of 2017
Decided on : 25-01-2017
The main legal point established is that once the election process has commenced, it cannot be stopped, and the only remedy for an unsuccessful contestant is by way of an election petition.
Headnote:
Election Commission - Assembly Elections - Article 226/227 of the Constitution of India - 1952 AIR (SC) 64
Fact of the Case:
The petitioner sought to quash the schedule of assembly elections in Punjab or to direct the respondents to ensure 15 days time for electioneering to the candidates set up by the registered but unrecognized parties and independent candidates.
Finding of the Court:
The court found that it cannot intervene in the election process once it has been set in motion and the only remedy available to an unsuccessful contestant would be by way of election petition.
Issues: The issues raised included denial of equal level playing field to candidates set up by registered but unrecognized political parties and independent candidates, and the timing of allotment of election symbols.
Ratio Decidendi: The court cited the settled proposition of law that any election process once started cannot be stopped, and highlighted the availability of remedies under Article 226 of the Constitution of India during the process of election and after completion under the Representation of the People Act, 1951.
Final Decision: The court dismissed the petition, stating that the petitioner's cause had rendered the controversy illusory and that it was too late to challenge the election schedule.
MAHESH GROVER, J.
CM No.1035 of 2017
Allowed as prayed for.
CWP No.1239 of 2017 (O&M)
2. On oral request of the petitioner, the writ petition is preponed and taken on board.
3. This writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner seeking issuance of an appropriate writ to quash the schedule of assembly elections in Punjab or to direct the respondents to ensure 15 days time for electioneering to the candidates set up by the registered but unrecognized parties and also the independent candidates.
4. Before we proceed with the determination of the matter, we may delineate the grievances of the petitioner; the challenge mounted and the prayer made in the following manner :-
(i) In para 9 of the petition he has averred that the election process in Punjab may be declared null and void;
(ii) The Commission be directed to issue fresh notification containing a stipulation for the allotment of election symbols on the very date of filing of nomination by any candidate of registered but unrecognized party or any independent candidate on 'first come first serve basis'.
(iii) The Court should defer the date of polling to a date 15 days after the acceptance of the petition.
5. Questions have been raised in para nos.3 and 4 followed by para no.7 as para Nos.5 and 6 do not find mention in the petition, the essence of which we may also set down here below :-
Para 3 - Whether the Election Commission has erred in denying the candidates set up by registered but unrecognized political parties and independent candidates equal level playing field to deny the constitutional rights to the contestants.
Para 4 - Whether the Election Commission's norm of alloting election symbols to the candidates set up by registered and independent candidates on the last date of withdrawal of nomination is ultra vires provision of the constitution as it seeks to deprive such candidates of equal opportunity.
6. The aforesaid succinctly brings out the grievance and the challenge raised by the petitioner in the instant petition.
7. The petitioner, who is a retired Indian Revenue Services' official, has appeared in person and has contended that he filed his nomination papers on the last date prescribed i.e. 18.01.2017. The nomination papers were scrutinized on 19.01.2017 as in the cases of other contestants as well, but he withdrew his nomination papers under protest and filed the petition on 20.01.2017 which, however, came up before the Court on 23.01.2017.
8. It is contended that since the election symbol was not allocated to him on 18.01.2017 itself when he preferred the nomination papers, he was disadvantaged qua the other aspirants/contestants of the national political parties who already had a symbol allotted to them. In short, the grievance of the petitioner is that he as an independent candidate or a representative of a registered but unrecognized party should have been allotted a symbol the moment he filed his nomination so as to enable him to undertake electioneering as in the case of those who already have been allotted symbols. It is contended that this has seriously affected his chances in the election if he had chosen to contest and not withdrawn his nomination papers. He has also placed reliance on a judgment of Madras High Court in W.P. No. 33984 of 2016, decided on 04.10.2016.
9. We have heard the petitioner at some length. The petitioner has prayed in the petition that the election process in Punjab may be declared null and void and the Commission be directed to issue fresh notification containing a stipulation for allotment of election symbols on the very date of filing of nomination by any candidate of registered but unrecognized party or any independent candidate on 'first come first serve basis'.
10. We are afraid, we cannot intervene in the election process once it has been set in motion and the only remedy available to a unsuccessful contestant would be by way of election petition. In any eventuality it is t
