Manmohan Singh vs State of Punjab

G.R. Majithia, J.

Petitioners have impugned the order of the Deputy Commissioner, Ludhiana dated April 30, 1991, order repoll in Booth No. 147/7 of Ward No. 20 of Municipal Corporation, Ludhiana, in this petition under Article 226/227 of the Constitution of India.

The principal grouse of the petitioners is that the Deputy Commissioner, Ludhiana ought to have ordered repoll in the election constituency of Ward No. 20 of Municipal Corporation, Ludhiana since numerous illegalities were committed when the poll took place. Representation was made to the Deputy Commissioner, Ludhiana, by the electors. The Deputy Commissioner heard the objectors and the Presiding Officers of various Booths and also called for the report of the Returning Officer of Ward No. 20 of Municipal Corporation, Ludhiana. On a perusal of the report submitted by the Returning Officer of Ward No. 20 and after hearing the affected parties and the statement on oath of the Presiding Officer, he countermanded the poll in booth No. 147/7 and ordered repoll. The petitioners were not satisfied with the order of the Deputy Commissioner and they came to this court in writ petition for a direction that the repoll be ordered in Ward No. 20. The Motion Bench did not issue any interim directions in the case. It, however, observed that the declaration of the result of the election would be subject to the decision of the writ petition. Result has been declared. The aggrieved parties had a right to challenge the election of the returned candidate. The remedy of election petition is provided under the Rules. We are not inclined to interfere in election matters in exercise of our extraordinary jurisdiction under Articles 226/227 of the Constitution of India. The petitioners have equally efficacious remedy by way of an election petition. The allegations made in this petition could be made the grounds of attack in the election petition.

The writ petition is accordingly dismissed.