A. S. ANAND, K. G. BALAKRISHNAN, R. C. LAHOTI
Election Commission Of India – Appellant
Versus
Ashok Kumar – Respondent
The provided judgement emphasizes the importance of the timing and context in which judicial and administrative actions are taken during the election process. It highlights that courts and authorities should exercise their powers in a manner that facilitates the smooth and lawful conduct of elections without unnecessary interference or delay. The judgement also underscores that judicial intervention should be cautious and only sought to correct or smoothen the election proceedings without obstructing or delaying them.
However, the judgement does not explicitly discuss or support the legal doctrine that once an authority has performed its duty or its term has ended, it becomes functus officio, meaning it has no further legal authority or power to act. Instead, it focuses on the scope of judicial review and the timing of court intervention in election matters, particularly emphasizing that intervention should not impede the ongoing election process unless specific circumstances justify it.
In summary, the judgement does not support the point that an authority becomes functus officio after performing its duty or after its term ends. It primarily addresses the principles governing judicial and administrative powers during the election process, rather than the finality of an authority’s powers once its duty is fulfilled.
JUDGMENT
R.C. Lahoti, J.-An interim order passed by the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution, during the currency of the process of election, whereby the High Court has stayed the Notification issued by the Election Commission of India containing direction as to the manner of counting votes and has made directions of its own on the subject, has been put in issue by the Election Commission of India filing these appeals by special leave under Article 136 of the Constitution.
2. The facts in brief. The 12th Lok Sabha having been dissolved by the President of India on 26.4.1999, the Election Commission of India announced the programme for the General Election to constitute the 13th Lok Sabha. Pursuant thereof, the polling in the State of Kerala took place on 11.9.1999. The counting of votes was scheduled to take place on 6.10.1999.
3. In exercise of the powers conferred by Rule 59A of the Conduct of Election Rules, 1961, the Election Commission of India issued a notification published in Kerala Gazette Extra-ordinary date 1st October, 1999 which reads as under :-
"NOTIFICATION
No. 470/99/JUD-II(H.P)-WHEREAS, rule 59A of the Conduct of Electio
Digvijay Mote v. Union of India & Ors. (1993) 4 SCC 175 : Relied on. (Para 24)
C. Subrahmanyam v. K. Ramanjaneyullu and Ors. (1998) 8 SCC 703 : Relied on. (Para 26)
N.P.Ponnuswami v. The Returning Officer, Namakkal Constitutency & Ors.
Mohinder Singh Gill and Anr. v. The Chief Election Commissioner, New Delhi and Ors.
Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman
Election Commission of India v. State of Haryana
M.V. Elisabeth and Ors. v. Harwan Investment and Trading Pvt. Ltd., Goa
Anugrah Narain Singh and Anr. v. State of U.P. & Ors. 1996(6) SCC 303 : Relied on. (Para 25)
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