Judgment

VENKATARAMIAH, J. :- The question for consideration in this case is whether it is appropriate for the High Court to interfere with an election process at an intermediate stage after the commencement of the election process and before the declaration of the result of the election held for the purpose of filling a vacancy in the office of the Chairman of a Panchayat Union under the provisions of the Tamil Nadu Panchayats Act, 1958 (Act XXXV of 1958) (hereinafter referred to as the Act) on the ground that there was an error in the matter of allotment of symbols to the candidates contesting at such election.

2. The appellant S.T. Muthusami, respondent No. 1 K. Natarajan, respondent No. 6 - M. Thangavelu and two others were nominated as candidates at the election held to the office of the Chairman, Panchayat Union, Madathukkulam, Udamalpet Taluk, Coimbatore District in the State of Tamil Nadu. The date of scrutiny of the nomination papers was 31st January, 1986 and the last date for withdrawal of nominations was 3rd February, 1986. The election was to take place on the 23rd February, 1986. On the date of the scrutiny of the nomination papers, the nomination papers of the appellant, respondent No. 1, respondent No. 6 and of two others were found to be valid by the Returning Officer, respondent No. 5. As regards the allotment of symbols to the candidates the Order made by the State Government on 8-1-1986 in exercise of the powers under rule 17(1) of the Tamil Nadu Panchayats (Conduct of Election of Chairmen of Panchayat Union Councils and Presidents and Members of Panchayats) Rules, 1978 (hereinafter referred to as the Rules) directed that the Returning Officer shall assign to the candidates set up by the National and the State parties the symbols reserved for the purpose by the Chief Election Commissioner. The symbol reserved for the Indian National Congress (I) was hand. Similarly the symbols were also reserved for the All India Anna Dravida Munnetra Kazhagam and Dravida Munnetra Kazhagam. 15 other symbols were also notified by the Returning Officer which could be assigned to the independent candidates contesting the elections. Under the procedure prescribed by the Government where a candidate was set up by a national party who could claim the symbol which was reserved for such national party, the said national party had to send an intimation to the State Election Authority, namely, the Director of the Rural Development, Madras (respondent No. 3) intimating in Form A annexed to the Order of the Government the names and the specimen signatures of not more than two representatives of the party who had been authorised to send intimations of the names of the candidates set up by the party in respect of the election to the office of the Chairmen of the Panchayat Union Councils and the Presidents of Town Panchayats. These representatives of the parties, whose names were intimated to the Director of the Rural Development were then either singly or generally required to intimate the names of the persons, whom the party concerned had authorised to contest as its official candidates in order of priority in form B annexed to the Government Order. If the support to a candidate was withdrawn an intimation was required to be sent to the Returning Officer not later than 3.00 P.M. on the last date fixed for withdrawal of the nomination papers. If no intimation was received before 3.00 P.M. on the last date fixed for withdrawal the Returning Officer was directed not to consider any candidate as a candidate set up by the political party and not to assign the symbol for which the priority was given to the concerned party. This order also stated that symbols should be assigned only by drawing lots when there were conflicting claims between two or more candidates and that no priority could be given to any candidate. In the case before us intimation was received by the Returning Officer showing the appellant as the official candidate of Indian Na