M. H. BEG, P. K. GOSWAMI, P. N. BHAGWATI, P. N. SHINGHAL, V. R. KRISHNA IYER
Mohinder Singh Gill – Appellant
Versus
Chief Election Commissioner, New Delhi – Respondent
The judgment delivered by the judges in this case primarily revolves around the interpretation of constitutional provisions related to elections and the powers of the Election Commission. The court clarified that the process of election encompasses the entire procedure from the issuance of the notification to the declaration of the result, and that challenges to the election process are generally barred during the ongoing election under certain constitutional articles. The court emphasized that the Election Commission has wide powers to conduct and supervise elections, including the authority to order re-polls or cancel elections when circumstances threaten the fairness of the electoral process.
The judges held that actions taken by the Election Commission, such as ordering a re-poll or cancelling a poll, are considered integral parts of the election process and are protected from judicial interference during the process, provided they are made bona fide and for the purpose of ensuring free and fair elections. They also underscored that the principles of natural justice, such as the right to be heard, are applicable but may be limited in urgent situations to prevent delay in the electoral process.
Furthermore, the court recognized that the powers of the Election Commission under the Constitution are plenary but subject to the constitutional and statutory framework, including the requirement to act fairly and within the bounds of law. It was clarified that any illegal or arbitrary exercise of power by the Election Commission can be subject to judicial review, and that the validity of such actions can be challenged after the election process concludes through appropriate legal remedies.
Finally, the court concluded that the writ petitions challenging the election process or orders passed during the election are generally not maintainable during the election, but all legal remedies and reliefs available under the law remain accessible after the election is completed. The appeal was ultimately dismissed, with the court emphasizing the importance of maintaining the integrity and expeditious conduct of elections while adhering to constitutional principles.
JUDGMENT
Krishna Iyer, J.
What troubles us in this appeal, coming before a Bench of 5 Judges on a reference under Article 145(3) of the Constitution, is not the profusion of controversial facts nor the thorny bunch of lesser law, but the possible confusion about a few constitutional fundamentals, finer administrative norms and jurisdictional limitations bearing upon elections. What are those fundamentals and limitations ? We will state them, after mentioning briefly what the writ petition, from which this appeal, by special leave, has arisen, is about.
The basics
2. Every significant case has an unwritten legend and indelible lesson. This appeal is no exception, whatever its formal result. The message, as we will see at the end of the decision, relates to the pervasive philosophy of democratic elections which Sir Winston Churchill vivified in matchless words:
"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."
If we may add, the little, large Indian shall not be hi
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