REGISTERED NO. DL-33001/92

PUBLISH*!!) BY AUTHORITY

No. 34] NEW DELHI, SATURDAY, SEPTEMBER 26,1992/ASVINA 4, 1914

Separate Paging is given to this Part in order that it may be filed as aseparate compilation

PART II—Section 3—Sub-section (iii)

Orders and Notifications issued by Central Authorities (other than Administrations of UnionTerritories)

2290 GI/92—1 (1275)

1276 THE GAZETTE OF INDIA: SEPTEMBER 26, I99-/A3V1NA 4, 1914 [PART II—SEC. 3(iii)]

1277

1278 THE GAZETTE OF INDIA: SEPTEMBER 26, 19W/ASV1NA 4, 1914 [PARI II—SEC. 3(iii)]

Ji) ECTION COMMISSION Ov r.DfA

ORDER

New Delhi, the 7th August, 1992O.N. 235,—Whereas the Election Commission is satis-

fied that each of the contesting candidates specified in column(4) of the Table below at the General Electionto the State Legislatively Assembly, as specified in column(2) and held from the constituency specied in column (3)against his name has failed to lodge the account of hiselection expenses as required by the Representation of thePeople Act, 1951 und according to tho Rules and ordcl' madethereunder;

And, whereas, the said candidates have not furnished anyreason or explanation for the said failure even after thenotices and the Election Commission, after considering theicprescntation made by him if any, is satisfied that he linsno jiood reason or justification fot the said failure;

Now, therefore, in pursuance of section 10A of the saidAct, the Flection Commission hereby declares the person spe-cifi> tl in column (4) of the Table Mow to he disqualifiedlor being chosen as, and for being i member of either Houseof the Parliament or of the Legislative Assembly or Legis-lative Council of a Slate/Union Territory for a period ofthree years from the date of this order : —

TABLE

s.No.I

651.

652.

653.

654.

655,

656,

657.

658.

659.

660

661,

662

Particulars of elections

2

General Election toRajasthan LegislativeAssembly, 1990

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-iJ.i-

Nanie of the Constituency

3

73-Roopwas

63-Alwar

-do-

-do-

23-Pilani

16-Dungargiu-h

48-Phagi

(»6-Lachh.jiuingajh •

-do-

42-Johri Bazar

-do-

69-Nagar

-do-

Maine and address of Contestingcandidates

4

snn uacnenu amgn js.aruam.Khan Surajapur, Roopwas(Rajathan)Shri Memi Chand Sharnia.Marhuthiya Bass, Alwar(Rajasthan)Sbri Raj Kumar Slianna,Police Line, Alwar(Rajasthan)Shri Suresli Kumar Agarwal,V.P. Karoli, Teh & Distl. Alwar(Rajasthan)Shri Shankar Lai,Mohalla ArtidawKtiaWard No. 18, Chirawa(Rajasthan)Shri Shri Ram Sharnia,

Ward No. 34, Bidasar(Rajasthan)

Shri Surcsh Chander KaidiaVillage & P.O. KhorabishalVia Jhotwara, Jaipur,(Rajasthan)Shri Mohan l,al Mccua.Lachhmangavh(Rajasthan)Shri Girag Singh Naruka,Mohalla Barlabas Rajgarh(Rajasthan)Shri Indra Siugli,

Jawahar Nagar, Kachehi Basti,Teela No. 1, Jaipur,(Rajasthan)Shri Matin Ahmad,Noor Manzi), Mirza Ismail Road,Jaipur (Rajasthan)Shri Kailash Chand,Village Thoon, Teh. Nagar(Rajasthan)Shri ftadan,Wagar (Sajasthan)

1279

1

664.

665.

666.

667.

668.

669.

670

671

672

673

674

675

676

2

General Election toRajasthan LegislativeAssembly, 1990

-do-

•do-

-do-

-do-

•do«

-do-

-do-

-do-

-do-

-io-

-do-

-do-

3

69-Nagar

-do-

-do-

-do-

94-Kishangarh

-do-

-do-

186-Luni

185-Soorsagar

183-Jodhpur

-do-

-do-

-do-

4 .

Shri Meghraj,Mori Mohalla Nagar(Rajasthan)Shri Rahamat,

Villge Post Gangera, Teh. Pahari(Rajasthan)Shri Lallu Khan,Village Kherala Nauabad,Post Ladamka, Teh Nagar(Rajasthan)Shri Hanif,Village Dhanmatpura,Post Thoon, Teh. Nagar(Rajasthan)Shri Noratmal Raigar,Village Arain, Teh. Kishangarh(Rajasthan)Shri Poonamchand Munpariya,Devdungari, Regran Mohalla,Madanganj (Rajasthan)Shri Rameshwarlal,Suwalal, Choudhary, Gandhi Nagar,Ranmer Road, Madanganj, Ajmer(Rajasthan)Shri Bagta Ram,Village JanadesarTeh. Jodhpur,(Rajasthan)Shri Kishan Lai Meghwal,Meghwal Basti, Masuria, Jodhpur(Rajasthan)Shri Om Parkash Taparia,Ada Bazar, Loharo Ki Gali,Jodhpur (Rajasthan)Shri Dinesh Mathur,2-S-15Pratap Nagar,Jodhpur (Rajasthan)Shri Rajesh Mathur,Killikhana Naya Bas, Jodhpur,(Rajasthan)Shri Lakhpat Jain 'Loonkar'Singh Pole, Sewako Ki Gali,Jodhpur (Rajasthan)

[No 76/RJ-LA/91(S!)]By Order,

A.K. SRI VAST A VA, Secy.

1280 THE GAZETTE OF TNTDIA : SEPTEMBER 26, 1O32.ASMNA 4, 1914 (PART II—SEC. 3(iii) 1

1281

1282, THE GAZETTE OF INDIA : SEPTEMBiiR 26;/LW2/A$ViNA 4, 1914 [PART. XI—SEC. 3(iiijJ

1283

229001/92-^2

1284 THE GAZETTE OF INDIA: SEPTEMBER 26, 1992/ASVINA 4, 1914 [PART 1I--SEC. 3(iii)]

ORDERNew Delhi, the 7th August, 1992

O.N. 236.—Whereas the Election Commission is satis-fied that each of the contesting candidates specified iij. column(4) of the Table below at the General Electionto the State Legislatively Assembly, as specified In column(,/) and held from the constituency specified in column (3)against his name has failed to lodge any account of hiselection expenses as required by the Representation of thePeople? Act, 1951 and according to the Rules and order madethereunder:

Arid, whereas, the said candidates have not furnished anyreason or explanation for the said failure even after thenotices and the Election Commission, after considering therepresentation made by him if any, is satisfied that he hasno good reason or justification for the said failure;

Now, therefore, in pursuance of section 10A of the s&idAct, the Election Commission hereby declares the person spe-cified in column (4) of flic Table below to be disqualifiedfor being chosen as, and for being a member of either Houseof the Parliament or of the Legislative Assembly or Legisla-tive Council of a State/Union Territory for a period of threeyears from the date of this order :—

TABLE

SI.N(1

1,

2,

Particulars of Election3.

2

, General Election to theLok Sabha 1991(Gujarat State)

-do-

S. No. & Name of theParliamentary Constituency

3

22—Baroda

-do-

Name & Address of the contestingCandidate

4

Shri Patel Iqbal Ismail,Udhna, Limbayat Shastri,Chok, Surat (Gujarat)Shri Rajnikant AliasGopalbhai Ambalal,Hira Bhagal, Near ShriDoodhadhari's Temple Dabhai,Ta. Dabhai, District Vadodura(Gujarat)

1285

1.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

2.

General Election to the LekSabha 199] (Gujarat State)

-do-

-do-

-do-

-do

-do-

-do-

-do-

-do-

-dc-

-do-

-do-

-do-

-do-

3.

21—Chhota Udaipur (ST)

8—Bhavnagar

-do-

-do-

•do-

4—Rajkot

24—Surat

-do-

-do-

-do-

-do-

-do-

-dc-

16—Kapadvanj

4.

Shri Rathava DalsukhbhaiPataliabhai, At and P.O. Pipaldi,Tal. Chhota-Udaipur, District Baroda(Gujarat)Shri Kachara Hajibhai Ishabhai,Ami Para, MadhumaliValo Kahancho, Bhavnagar(Gujarat)Shri Gauswami Shatigiri M,Ukharala, Taluka-Ghagha,District Bhavnagar ViaBhadi—Bhandariya(Gujarat)Shri Chauhan BaldipbhaiTisabhai, 'Aavkar1 1640 'A'Opp. Ramannagar, Sardar Nagar,Bhavnagar, (Gujarat)Dhirubhai ChitharbhaiBambhaniya, Kerala,Tal—Talaja, District Bhavnagar(Gujarat)Shri Vadadoria Ramesh ChandraMohanbhai,At Amar Nagar, Via Gondal,Tal. Jetpur (Gujarat)ShriJain Arvindbhai Rupchand,2/250, Mahcshwar Mohalla,Rustampura, Surat (Gujarrat)Shri Thakore Girish Balramsinh,60/24, Selabatpura Piparti Sheri,Surat, (Gujarat)

Shri Patel Mohanbhai Dayalbhai,Gorat Amba Colony Render

District Surat (Gujarat),Shri Babubhai Tejabjjai,191/192, Bhagirath Vibhag-2Lamba Hanuman Road,Surat (Gujarat)Shri Bangadiwala Hire It 1Shagwandas, 3/2247 PipardiSheri Salabatpura,Surat, (Gujarat).Shri Rana Jashwant Lai DhensukhH 1,Inderpura, Godhevun Bhaya,Maru-Ni-Ghawl Near DargEh,3/311647, Surat-3 (Gujarat).Shri Sharma Babubhai Ftkiibhai,17/55, Shaifi Stci^ty, Zuptdpatti,Vcraniuladi, Larnba Himmtn Read,Surat, (Gujarat).Shri Ni;gindas Chimenltl Shah,

At and P.O. Sadra, Ta. Dahegam,District Ahmedabad,(Gujarat).

1286 THE GAZETTE OF INDIA: SEPTEMBER 26, 1992/ASVINA 4, 1914 [PART IT-^5EC. 3(iii)]

1

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

25.

29,

2

General Election to the LokSabha 1991 (Gujarat State).

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

3

16—Kapadvanj

-do-

5—Porbander

-do-

18—Godhra

-do-

-do-

20—Anand

-do-

-do-

15—Sabarkantha

-do-

13—Patan

4

Dr. Prakash Patel,Manushmruti, opp. Mental Uoapital,Karedibag, Baroda, P.No. 390018(Gujarat).Shri Satyajitsinh Vijayasinh,Gumdham Farm, At and PostVa'dvasa, Ta. Dahegam,District—Ahmedabad,(Gujarat).SJiri Javiya Jaisukhlal.Laxmidas,

Avni Apartment A/9, BehindBus Station, Junagarh,(Gujarat).Shri Shingrakhiya Molian Hardas,13/2 Kadia Plot,Porbander 3 60575, Gujarat.Shri Joshi Jayshapkar Bhayram,At Navagam, Post Madhwas,Taluka Lunawada, Gujarat.

Shri Shah Prakash Kumar,Girish Kumar,

At. &PostQmceEral,Taluka Kalol,Distt. Panchmahal.Shri Khokhar Gulam RasoolSikandarbhai,Masjd Tekri, Balasinor,Distt. Kheda, Gujarat.Shri Thakur Shantilal,Chhelabhai,Maliyapura, Anand Old Road,Gujarat.Shri Desai Nitin Kumar,Mahcndrasingh (Jadav)Station Road,Go pal Talkies,Anand (Gujarat).Patel Mahendrabhai,Parshottamdas, Nehru Chowk,Dharmaj, Tal. Petlad, Gujarat.Shri Tuyar Bishmilakhan,Umedkhan, At. Navowar,P.O. Kaleda, Ta. Vadagam,Distt. Banaskantha,Gujarat.Shri Prajapati, GaneshbhaiMavjibhai,At. & Post / Bhagad,(Pinthali), Tal, Palanpur,Distt. Banaskantha,Gujarat.Shri Charaar Mohanbhai Manabhai,Village Modhera^Ta. Chanasana, Gujarat.

IW

1.

30. i

31.

32.

33.

34.

35.

36.

37.

38.

39.

40

2.

General Elections to the LokSabha 19!)1 (Gujarat State).

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

-do-

3.

1—Kutch

-do

-d0-

-do-

23—Broach

-do-

12—Mehsana

-do-

7—Amreli

-do-

-do-

Shri Gangaram Premcliand,S.D.X. N-61,

Ga ndhidham-Kutch,Gujarat.Shah Paresh Kumar Vrijlal,Vardhman Stores,Village Vithon,Tal. Nikhtana,Kutch, Gujarat.Shri Sorathiya Prcmji Rymji,Nani Nagalpar,Tal. Arjat, Gujarat.Hemnani NarandasRoop Chand,Shop No. 50234,Balraandir Chowk,Adipur-Kutch,Gujarat.Shri Patel Naranbhai Muljibhfu,Opp. Railway Fatak,Kosamba, Tatyka Maugrol,Distt. Surat, Gujarat.Suit. MakwaoaPadmaben Prabat Singh,Village Koliyad,P.O. Rohiad,Tal. Vagra,Distt. Broach,Gujarat.Shri Dilip Kumar Chimanlal Raval,'132, Panchal Market,Opp. Railway Station,Vianagar, Gujarat.Shri Virsangbhai RevabhaiChaudhary,At. P.O. Dadhhiyal,Ta. Visnagar,Distt. Mehsana,Gujarat.

Shri Tank Kalubhai Virjibhai,Main Bazar,

Vijapadi, Tal. Savarkundla,Gujarat.Shri Rajyagunj LalitkumarTulsidas, Kablapa Sheri,At. &P.O. Chalala,Tal. Dhari, Gujarat.Limbasiya Bharatbh&iBabubhai, Gajerapara,Kundla Road,Amreli, Gujarat.

[No. 76/GJ/92(l-40)(HP)JBy Order,

A. K. SRIVASTAVA, Secy.

12S8 THE GAZETTE OF INDIA: SEPTEMBER 26, 1992/ASVINA 4, 1914 [PARf II—SEC. 3(iii)]

1289

PQrt THE GAZETTE OF INDIA: SEPTEMBER 26, 1992/ASVINA 4, 1914 [PART II—SEC. 3(iii)]

1291

ORDERNew. Delhi, the 7th August, 1992

O.N. 237.—Whereas the Election Commission is satis-fied that each of the contesting Candidates specified in column(4) of the Table beloi* at the General Electionto the State Legislative Assembly, as specified .n column(2) and held from, the constituency specified in column (3)against his name has failed to lodge the account of hi»election expense* as required by the Representation of thePeople Act, 1951 and the Rules made thereunder.

And. whereas, the said candidates has either not furnished

any reason or explanation for the said failure even after duenotice or the Election Commission, after considering therepresentation made by him if any, is satisfied that he ha*no good reason or justification for the said failure;

Now, therefore, in pursuance of section 10A of the aaidAct, the Election Commission hereby declares the person spe-cified in column (4) of the Table below to be disqualifiedfor being chosen as, and for being a member of either flouscof the Parliament or of the Legislative Assembly or Legisla-tive Council of a State or Territory for a period of threeyears from the date of this order :—

s.N<

1

306

Particular of Election

2

. 73—Rakhial General Electionto Legislative Assembly, 1990

S. N o . and Name of theAssembly Constituency

3

73—Rakhial

Name and address of the ContestingCandidates

4

Shri Yashin Gulam M o h a m m a dAjmerwala,1185. Prabhjini Khadki ,

Gaja'pir,Panch Pipli. Ahmedabad Gujarat

2290|Gl|92—3

1.292 THE GAZETTE OF INDIA: SEPTEMBER 26, 1992/ASVINA 4, 1914 [PART II—SEC. 3(iH)J

307.

308.

309.

310.

3H.

312.

313.

314.

315.

316.

317.

318

319

320

321

73-Rakhial GeneralElection to LegislativeAssembly, 1990

—do—

—do—

—do—

—do—

—do—

General Election toLegislative Assembly. 1990

—do—

—do—

, —do—

. —do—

. —do —

i. —do—

. —do-

73- Rakhial

110-Meghraj

—ao—

105-Bhilrda

80-Kalol

83-Mehsana

106-Himatnagar

106-Himatnagar

—do—

- d o -

—do—

93-Sami

-do—

91-Patan

78-Naroda

Shri Mishraware Dattaram Raja ram,Vishvanath Nagar,Rakhial Road, Near Ajit Mill,Ahmedabad, Gujarat.Shri Pandya Guuvant Lai, Manilal,At & P.O. Mtghraj, Tal. Mcghraj,Sabarkantha District, Gujarat.Shri Gayakwad Narendra Singh Vithalray,At ^Pos t Vadvasa, Tal. Dahegam,Distt. Ahmedabad,(Gujarat).Shri Chamar Maganbhai Lambabhai,At & P.O. Ganthiol,Via. Badoli.^al. Idar,Sabarkantha District (Gujarat).Shri Thakur Kuwarji Madhaji,

To Chandisana, P.O. Amja,Ta. Kalol Distt. Mchsana,(Gujarat).Shri Dfcrji Natwarlal Hargovandas,Second Oal Para,Mchsana-1, (GujaTat).Shri Thakarale SomsinhSonsinh.

At & Post Kanklol,Distt. Himatnagar, Gujarat.Shri Sharma Praful Chandra Bansidhar,Nava Bazar,

At & Post Himatnagar,District Sabarkantha, (Gujarat).Shri Menon Fakir Ahmmad Siddikbhai,Polo ground, Himatnagar,(Gujarat).Shr Patel Dineshbhai Kalidas,Suthar Wada,At & PostDchgam,Distt. Ahmcdabad, (Gujarat).Shri Ravjibhai Kanjibhai patel.At & Post Likhi Campa,Ta. Himatnagar,Sabarkantha District, (Gujarat).Shri Thakur Methaji Ravaji,At Ganeshpura, Post Jamanpura,Ta. Harij, District Mchsana(Gujarat).Shri Nadoda Bharmalbhai Valabhai,At Godhana, Ta. Sami,District Mehsana, (Gujarat).Shri Patel Amrutbhai Khcmabhai,

Uganani Paty, At& Post Manund,Ta. Patan, District Mehsana(Gujarat).Shri Jagyasi Kisbormal Vasiunal.C/o Und Floor, Sagar Travels,Anstodia, Ahmedabad (Gujarat).

1293

1

322.

323.

324.

325.

326.

327.

M8.

329.

331.

2

General Eeltction toLegislative As^mbly, 1990

—do—

—do—

—do —

, —-do—

—do —

—do —

, —do—

—do—

—•do—

3

112-Jhalod (ST)

156-Bro ach

66~Dehgam

—do—

S4-Mansa

—<io—

- d e —

—do—

— d o -

51-Palitanu

4

Shri Pargi Mansinghbhai Pratapbhai,At & Post CMiator,

Taluka Santaranpur,District Panchmahals, Gcc-hra,(Gujarat).Shri Sapa Ibrahim Yusuf,

Sapa Street, At & Post Tunkaria,Taluku & District Bharuch,(Giyarat).

Shri Tkakore Takhcji Bhavanji,Post Bilmaiia, Tal. Dehgam,

District Ahmedabad, (Gujarat).Shri Babubhai Chunibhai Ajnin,Aminvada, Dehgam,Tal. Dehgam, Distt. Ahmedabad,(Gujarat).Shri Patcl Kantilal Bholidas,

At & Post Dholakuwa,Ta. Vijapur, District Mehsana,(Gujarat).

Shri Patcl Mangalbhai Rtvabhai,At & Post Delwada, Ta. Vijapur,Distt. Mehsana (Gujarat).Shri Thakor Gabhaji Hajurji,At. Boru, Ta. Vyapur,Distt. Mehsana, (Gujarat).

Shsi Patel Bhikhabhai.Kacharabhai, Plot No. 1, G^nj Bazar,Mansa, Ta. Vijapur,District Mehsana (Gujarat).Shri Shaikh Iqbal HusaniIbrahim Miya.Masjid Chowk, Masia, Tal. Vijapur,District Mehsana (Gujarat;.

Shri Belar Gordhanbhai Haribhai,Behind Police Line, Wadi Palitana,District Bhavnagar, (Gujarat).

[No. 76-GJ/91 (306-331) (LA)]By Oidei,

A. K. SRIVASTAVA, Secy.

CORRIGENDUM

New Delhi, the 1st September, 1992

O.N. 238.—In Commission's order Ni*. 763OR-LA/90,dated 7ih February, 1992, the entry in column 4 against SI.No. 2 may be read as Shri Haribandhu Sabar, Village OldGunupur, P.O. Gunupur Diutt. Koraput, Oriisa instead of ShriHaribandhu Jabar, Villace—Old Gunupur, P.O. Gunupur,Dfet. Koraput, Orissa.

[No. 76/OR-LA/90]By Order,

BALWANT SINGH. Socv.

2290JGII92—*

1294 THE GAZETTE OF INDIA: SEPTEMBER 26, 1W2/ASV1NA 4, 1914 [PART II—SEC. 3(iii)J

NOTIFICATIONNew Delhi, the 7th September, 1992

O.N. 239.—In pursuance of Section 106 of th; Repie..ii-lation of the People Aci, 19J1 (43 of 195T) the Elec.onCommission hereby publishes the order of the High Courtjf Madhya Pradesh, Bench Gwalior dated 15th July, 1992in Election Petition No. 6 of 1991.

ELECTION PETITION NO, 6 OF 1991

IN THE I11GH COURT OF MADHYA PRADESH,

OWALIOR BENCH, GWALIOR

Udayan Sharma

Vs.

Yoganand Saraswati

ORDER

Sole respondent in this matter is the returned candidatewhose election from Lok Sabha Constituency No. 2 Bbind-Datia, Madhya Pradesh, has been challenged by tEe peti-tioner. The result of election was declared on 16-6-199J and,at the Main Scat, the petition was lodged on 30-7-1991. Itcame before me on being assigned for trial for the firsttime on 14-8-1991, but the petition was admitted for hear-ing on 28-9-1991 when election petitioners counsel, ShrfVaishitha, submitted that the petition be treated to be in formand order may be passed for issuance of notice to the res-pondent.

2. However, on 29-11-1991, on behalf of respondent, thiceInterlocutory applications, I.A. Nos. I, II and III were pressedand indeed, by I.A. No. 1, urgent hearing was pressed merelyof the other two applications, [.A, Nos. II and III. It wascontended, pressing I.A. Nos. II and III, that one "MathuraPrasad Mahant" was necessary party because lie was a "with-drawn candidate" and for his non-implcadment, the electionpetition was liable to be dismissed in limine. Time for filingreply was allowed and that -wo* extended Jjy orders passedon 7-12-1991, 13-1-1992 and 14-2-1991. Finally, the replycame on 17-3-1992 and the following preliminary issue wasstruck for trial to dispose of the preliminary objection :

"Whether Mathura Prasad Mahant, Ex. M.L.A. fromLahar constituency was a candidate in the concern-ed election, who had subsequently withdrawn fromcontest and whether fw hi« non-impleadment th»election petition is liable to be dismissed in, l^mineunder Section 82(b) read with section 86(1) of theRepresentation of Peoples Act, 1951 ?"

3. Evidence has been led" by-the resporiderit in support ofthe preliminary objection raised. His witnesses were examin-ed on 29-4-1992. 30-4-1992, 1-5-1992, 2-5-1992 and 6-5-1992and they were discharged after cross-exarninntion. Foradducing rebuttal evidence, on the prayer of election peti-tioners counsel, Shri Vashishtha, ten days time was grantedfor taking steps to summon the official witnesses, to be exa-mined "on and from 22-6-1992. By the same order, passedon 6-5-1992, it was further directed that the non-offlcial wit

aesSM shall be kept ready in peiaon in. Court lo give evidenceand no summons need be issued to them. On 23-6-1 ̂ 2 , ShriVaKhishtha submitted that no bieps could be taken becausehe recehed no instructions from the election petitioner inregard to udducng rebuttal ev"deuce. Accordingly, evidenceon tho preliminary issue v.as closed and for arguments.7-7-iyy2 was li.\cd. None appeared for the election-petitionerto advance any argument, but on behalf of respondent Sarvashri R, K. Shinde and R. Bhargava, appeared and their argu-ments were heard.

4. In so far as the law is concerned that is settled. TheHigh Coutt hus no other option, as mandated by Section 80(1).the Representation of the People's Act, iyM, for short, the'Act' but gismiss in limine an election petition which does notcomply with the rcquiiemcnts oi Section 82, amomj others.Tht; requirement oi sSeclion 82(b) is clear and positive that"any other candidate against whom allegations of any corruptpractice are made in the petition" is to be joined as respon-dent in thi election petition. I had an occasion recently indeal with the question in the Election petition No. 43 of1990 (Raisingh v. Harisinghi, decided on 12-12-1991. and U>Mirvey the relevant authorities in that case, hearing oil thequeston. Relying on Mohan Rai's case, hearing on theheld that even when a candidate duly nominated, conlinues tobe candidate for the purpose of Section, 2(2) inspitc of hiswithdrawal and his non-implement is fatal in case against himan allegation of corrupt practice is made, The defect in in-curable and trial cunnot proved by amending the -petition.Indeed, in that case also, facts were similar in that the preli-minary objection which was upheld appertained to non-imple-adment of a candidate against whom allegations of corruptpractice hnd been made and the candidate had withdrawnfrom contest after nomination.

5. Relc\ant to the issue, the averment made in the electionpetition may be first referred to. At para 9 of the Electionpetition, u to be read tub-heading, "Corrupt practices".„ Ith stated that a meeting was convoned by respondent on28-4-1991 and among others who attended the meeting was"Mathura Prasad Mahant, E*. M.L.A. from. Lahar Consti-tuency from H]P, resident of Lahar, Bhind" who was .sittingon the rostrum with the other persons named in the para.Among "main speakers" in the said meeting was the said"Shri Mathura Prasad Mahant, Ex. M.L.A, from Lahar Cons-tituency from BJP". It is further averted that, "the Ex, ML Afrom Luhar constituency, Shri Mathur.i PrasLtd Mahant deli-vered the speech that, "Congress Hindu Virodhi hain., Cong-ress hindu dh^rm ke sankat ka karan hain. Hindu dharmCongress nasht kar raha hain. Hindutvi ko bachaani* ke livesabhi siton mein UJP ko vote dena hain. Ram ke mini parBJP ko jitaye".

6. On the above averments, it is difficult to dispute thatan allegation of corrupt practice in terms of the provisionsof Section 123 sub-section (2) and U-A), is made againstMathura Prasad Mahant, Ex. M,t,,A. and, therefore, to decidethe issue, the main point for ileterminai.Ioi is if hewas a candidate in the election in which respondent wasdeclared elected and if he had subsequently withdrawnfrom contest. In I.A. No. Ill, the respondent had takenthe stand that the said Mathura Prasatl Mahant hadfiled the nomination paper with the Returning Ofticcrand his name «ai duly notified under Section 75of the Act. After scrutiny, hLs nom'nation paper tvusaccepted and included in the list of vulidly nominatedcandidates, notified under Section 36(8) of the Act. Tt isthe Returning Officer and his name was duly notified tinderalso averred that the said Mathura Prasad Mahant withdrewhi1! nomination/candidature under Section 37(1) of the Actv>h'ch was acceptej by the Returning Officer and his namewas duly notified at S. No. 4 of the list of withdrawn candi-dates, notified on 25-4-1991 by the Returning Officer.

7. In the reply to the prelirntnfcry objection raised' by thtrespondent, it is denied thtit Mathura Prasad Mahant was avalidly nominated candidate in the election. It is also denifdthat Mnthura Prasad Mahant duly filed his nomination paperand his name was duly notified. The case of the respondentthat the said Mnthura Prasad Mahant withdrew his nomi-nation/candidature on 29-4-1991 and he had notified thatto the Returning Officer is contested. Tt is also contendedt*1-!' il " ulls.^atior; in \hc election petition concerning tht

1295

said Muthura Pra.sud, Muhant did not eons'itute corruptpi acticc.

S. On record nave come EDO are duly picivcd. uinitu^ir.h'jrs, the following documents :<-•

(it LA. R/l—Voters list ol 14 Lahar Constituency oCIIJL- year 1988 of which, at S. No. 687. i; entered'•Mathurarnisad Bhawaniprasad";

di) l-X R 2--Voters I.Lsi of 12 Bhind Constituency otrlic vtar 1988 oC.v.liich at IS. No. 1650 i,s cniercd-"Mayajuni friibhudrijul";

(iin fx. R/Ji—O.ith subscribed b\ "Malhura Prasidtshuwum Prtsad" in tlic requis'te form who signedhis name ;ts Muthura Prasad Mahant and on whichis endorsed of. the ouih being administered on2.M-1W1 b> the Returning Officer;

(i\J hx. K./4 — Nomination form showing candidate'sname JWulhuia Prasad and father's name BhavvaniPrasad, dated 25-4-1991. It is signed at one placeb\ ihe prupoicr Mayaram Prabhudayal 'and ano-ther plate by the candidate Mathura Prasad Mahantwith endorsement recorded on 27-4-1991 by theReturning Oillcoi thai, on scrutiny, be found thenomination paper valid,

(>. ) l-v R/6—l.isy of duly nominated cunJId.iicp of 2Bhind Lok Sabha Constituency, dated 27-4-l»Slof wh;ch. ai S. No. 19, is- recorded candidate"*name M:ithura Prasad. his father's name BhawaniPrasad Lir.d udJie«, \illa«e and P.O. Lahar, DistrictBhind 1[ i.' alro rccoi'Jed lh:il he was candidateof HJP :

OD JA. R/7—>,oticc dated 29-4-1991 in the prescribedform, addressed to thr. Returning Officer b> "MalhuraPra«-ad Bluiwimi Prasad who signed his name asMathura Prnsnd Mahttm, informing him that he waswithdrawing his candidature. It contains endoriitf-lacnt of the Returnitif; Officer of receipt of the no-tice on 2^-4-1991;

Ivli) Ex. K/8—List dated 29-4-1991 of candidates wtiohail withdrawn their candidature from 2 Bhind-Uaiiu Luk Sahhii Constituency ivhicb. contains,among other";, the name of Mathura Prasad, resi-dent of village and P. O. LabW, Pargana I^ahar,District Bh'nd. The list 's signed hy the ReturningOfficer;

(wiil 1.A. R/10—(Yrtiikale dated 5-3-19IS5 issued byReturning Oliicer 14-Lahar Assembly Constituencyto Mathura Prasad Mahant.of his being elected onf 3-198 5 from that constituency,

UK) FA. R/ll—Identity Card No, 942 with R photo-graph issued to Mathura Prnsad Mahant of 14-I.ahar Constituency, District Bhind by "SecretaryM. P. Legislative Assembly, Bhopal;

(V Ft. R/]2 and 13—Photographs proved by R.W. 6as photographs taken by him of witness MatluiruPrasad Mnham ; and

(xi) H.\i. R/14 and l.^—Negatives of the photographs.

9. As entlier alluded, six witnesses were examined in thiscase by the respondent in support of his case and prayer tohold the election-petition to be not maintainable for non-Irnplt-adment of withdrawn candidate Mat'i ira Prasad Mahant,E\. M.L.A. and for the same to be dismissed in limincR.W. 1 is an Assistant in the Election Office at Bhind andhe proved the documents produced from "trTc Election Officelo which reference is made above. R.\\' 2 ip the Returnin«Officer who deposed that he WHS Collector, Bhind and 'washolding that post since 26-3-19(>l. In the Ijofc Sabba eTectionof 1991, he was Returaing Officer for 2-Bhind-Datia T okSabha Constituency. He proved his signature on Ex. R/1mid deposed that in his presence Mathura Prasad Mahantftlso affixed signature on that and subscribed to the oath.He identified Mathura Prasad Mahant. present in Court andstated that he was the person who had subscribed to theoath and had sJencd Kx. R/.V He proved similarly the otherdocuments Et. R/4 to R/7. He stated that he had Publishedthe list Fx. R/S on 29-4-1991 of candidates who had JioiT-fWI uithdrnwnl of their candidature. He wns confrontedivir̂ i FT . RI3 (v/rongly typed as Fx. P[3T the form of oath.

to suggest that oath was administered to Mathura PrasadBhawani Prasad and in the form of oath, the corresponding-eiiul number ioi the voter appearing in the Voters l.iM wasnot mentioned. It was suggested to him also that it was notestablished, theivtore, that tho person whose name appearedat serial No. 683 of Ex. R/ l was the same person who- hadsubscribed the outh in Fx. R/3. He stated clearly in hiscrosi-cxaminalion, however, that the person who had subsc-ribed to the oath as Main Lira Prasud Bhawani Prasad waskuouii a,- Mathuia l'rashad Mahant and there w.is no other.Afiilluira Pra&ad Mahant of thnt name in the district.

10. Respondent ga\c evidence as R.W, 3. He stated thatfiTson-'Jly knew Mathura Prasad Mahant, Ex.-M.L.A. Laharfor ten >ear» and also his father Bhawani Prasad rbf the lasttwenty \cars. H^ was elected M.L.A., as a candidate ofB.J.P. in the >ear 19S5 from Lahar Assembly Constituency.Tn 190i election lor I.ok Sabha. Mathura Prasad Mahantfiled hi\ nomination paper for 2-Bhind-Datia Constituencyand that was accepted on scrufny. Because the party didnotgive him ticket, he withdrew his candidature. He identifiedMathura Prosad Mahant present in Court. He stated that invilJape Chiroli tit some distance from Lahar, there was atempi? (if which is Mathura. Prasads fMher Hhawani Ptair.d,was Mrhant. People, therefore, called his son by the: name<>C M<-ithu".i Prasad Mahant. He denied Mathura Prasad sonof Bhawani Prasad was some other person who had filednoinifnliou paper and Mathura Prasad Mahant had not filednomination paper.

11. R.W.4, Mayaram Sharma deposed that he was a lawyerpractising at Bhind for the last seven years. He had proposedthe candidatwe of Mathura IPrasad Mahant in 1991 LokSabha election and signed the same. He proves his signatureon Fx, R/4 and also those of Mathura Prasad Mahant, Hesin led thar ho had filled in Fx. R/4. Mathura Prasad Mahant'sname as Mathura Prasad son of Hhawani Prasad because in(he Voters List Mathura Prasad's name was printed as"Mathura Prasad Bhav/an" Prasad". He stated that MathuraPrasad Mahant subscribed to his oath on Ex. R|3, in hispresence. He knew Malhura Pr.isad Mahant for the lastfvelve jrnrs. He staled that from 1985 to 1990, he wasM.L.A, from l.ahar. He denied that the person who subs-cribed to the oa:h in Ex. R|3 or whose name was proposedin Ex. R|4 was different person and not Mathura PrasadMahant who was present in Court,

12. M.itiniiii Prasad Mahant gave evidence a-j R.W.5. Hest.it =d that he was elected from Lahar AssetnMy C. rinsi'?.,cncyin 1985 when he was candidate from B.J.P. He proved hisI'Criilicrite Ex. R/10, which was issued to him by ReturningOfficer. He also proved the Identity Card, issued to him.Ex. R / l l , and his signature1 and photographs thereon. Hestated that in 1991, he had filed nomination paper to contestelection from 2-Bhind-Datia Lok Sabha Con'ttitucncy, Hestated that Mayaram son of Prabhudayal hnd proposed hisname, He stated further that in the Voters XTst his surname(Mahant) nor his proposer Mayaram's (Sharma) were men-tioned. He also proved Ex. R/7, the notice which he pave toReturning Officer, withdrawing his candidatirre. It is also hisevidence that besides him, no person bv the name of MathuraPrasad Mahant was M.L.A. from Lahar Assembly Consti-tuency. Ho gave names of the M.LA.v who renresented thatconstituency in different years f 1952, 1957. 1962. 1967, 1972,1977, 1980 and also 1990). He deposed that in 1985 also,hi- had filed his nomination paper as Mathura Prasad BhawaniPrasad but he had got his name printed on ballot papers asMathura Prnsnd Mahant. He had made an application in thatf" jr ' l lo the Kctiirnmi» Officer. After election n certificate wasako issued to him in the name of Mathura Prasad Mahant.

13. R-W. 6 is the proposer. His evidence is that on 2-5-92,he had taken photographs in his studio of R.W.5, MathuraPrasad Mahant, whom he identified ir. Court. He proved thePhotographs. Fx. R/J2 and R/13 and the negative Ex. R/14and R|15,

14 On tlie documentary and oral eviience. adduced in *htcase, ir '• d'fFfult to reject the cont;it;in of Ihe icsj-ondemih-i* R.W, 5, Mnihiira Prasad Main.)*, Fx. M.L.A. La'iorVTK :i o-TuMdn*? in 1 *>91 lok Sabha e1?;t;jn -vho ha! file 1 *hinomination pnper, but he withdrew his candidature subse-nuentlv. Although an endeavour was made to dispute thatfact and Identity of R.W. 5, it proved futile. Obviouslv. thecIectionLpetitioher found no scope for adducing any rebuttalevidence and, therefore, none was adduced. I hav? no reasonto disbelieve the Returning Officer or R.W. 5 and theirtestimony fully supports the case of the respondent.

1296 THE GAZETTE OF 1NDJA : SEPTEMBER 26, 1992/ASVINA A, 1914 [PART TI—SEC. 3(iii)]

15. Accordingly, I answer the preliminary issue in theafflramtivc, agamst the election-petitioner. I hold that MathuraPrasad Mahant, Ex. M.L.A. from Lahar Constituency was acandidate 5n the cocnerned election who had subsequentlywithdrawn nt.;n contest and that hi? nnn-impleadmem in theelection-petition is fatal. It is liable to be dismissed in limineunder Section 82<b) and 86(1) of the Act.

16. As contemplated under Section 103 o fthe Act, stepsas not maintainable and the preliminary objection of tlierespondent in that regard is upheld. It merits dismissal inlimine and is dismissed accordingly". No order, however, ismade as to costs.

16. As contemplated under Section 101 ut the Act, sti-psshall be taken by the Registry to intimate utonce the sub-stance of this order to the Election Commission, New Delhand the Speaker, Lok Sabha, New Delhi and in due course,to send also to the Election Commission, an authenticatedcopy of this order.

T. N. SINGH, Election JudreSd/-

[No. R2/MP-HP/6/91|92]Bv Order

*V>TA\.\\rr SINC-H, Secy.

CORRIGENDUM

New Delhi, the 7th September, 1992

O.N. 240—In the Cora mission's Order No. 76OII|HP;92(2) dated 7th Mny, 1992, the entry made at SI. No. 8 inrespect of Shri P. J. S. Mehta shall be treated ns cancelledand SI. No. 10 be renumbered as 9.

[No. CH-HP/91]By Order,

S. D. PERSHAD, Secy.

1297

ORDER

New Delhi, the 7th September, 1992

O.N. 241 ̂ Wh-reas the Election Commission of India is satisfied that the contesting candidatesspecified in column (4) cf th; Table bjlow, at the ckction to the House of the People as specified incolumn (2) and held from constituency correspondingly specifkd in column (3) ugainst their names havefailed to lodge account cf their election expensts, as shown in column (5) cf the Table, as required bythe Representation of the People Act, 1951, and tbe Rules made thereunder;

Aid whereas, the said candidates have cither no I furnished any reason of explanation for the saidfailure even after due notice or the Election Commission, after considering the re present., tic n mtce bythem, if any, is satisfied that they have no gcod reason or justification for the said failure.

Now, therefore, in pursuance of section 10A of the said Act, the Election Commission hereby declaresthe persons specified in column (4) of the Table below to be disqualified for being chostn as, and forbeing, a member of either House of Parliament or of the Legislative Assembly or Legislative Council cf aState/Union Territory for a pericd of three years fioni the elate cf this order.

TABLE

s.No.

I

1.

Particulars ofelection

2

. General Election toHouseof People, 1991.

—do—

S. No. & Name ofParliamentaryConstituency

3

1-New Delhi

2—South D?Un

Name & Address of thecandidate

4

Sh. Ajay,A 5/17, Tibiya Colony,Karol Bagh, New Delhi.Amool RampholR--15, Hauz Khas

JBnclave, New Delhi.

Reason for dis.qualification

5

Failure of lodge ac.countof electionexpenses.

-•do—

.1298 .THE. GAZETTE OF INDIA : SEPTEMBER 26, 1992/ASVINA 4, 1914 [PART il—SEC. 4]

1

3,

4.

5.

6.

7.

8.

9.

2

General Electionto House of people1991

—Co—

—do —

—do —

CQ

—CO —

—CO —

3

3-Outer Delhi

•5-Ch.ancni Chowk

6-Sadar Delhi

—do—

—CO —

—do —

—do—

4

sn. smv juimar,A-3 Pccket Sector-8,132 MIG Flit Rohiui,Delhi.Sh. Murli Dhar356, Ku:ha Ghasi Ram,Delhi.Sh. Rajesh Kuiiar,A-74, Gujrawala Town-1,Delhi.

Sh. Chetan Kumar,8234, Multani Dhanca,Pahar Ganj, New Delhi.

Sh. Vimal Bhayana,7/126, Ramash Nagar,New Delhi.Sh. Jagdish Lai,

. ?3S6/6, New ChandrawaJ,.Delhi-7.Sh. Vittal Patel,D-380, Mangolpuri,New Delhi.

5

Failuri to lodge'account of flectioncxp jnscs.

Failure to lodgeaccount in the man-ner required by law§Failure to ledgeaccount of election

expenses.—do—

—dc—

—do—

Failure to lot.geaccount in the man-ner required by raw.

[No- 76/DL-HP/92(7)]By Order,

S. D. PERSHAD, Secy.

NOTIFICATIONNew Delhi, the 9th September, 1992

O N 242.—In 'pursuance of Section 106 of the Repre-sentation of the People Act, 1951 (43 of 1951) the Elec-tion Commission hereby publishes the order dated the 4th\nril 1991 of the High Court/Supreme Court of judicature

at'Patna in Eiection Petition No. 2 of 1990.

IN THE HIGH COURT OF JUDICATURE AT PATNA

RANCHI BENCH

E . P . 2/90(R)

Theodor Kujur Vers. Smt. Sumati Oraon and Others.

21. 4/4/91. Heard Mr. A. K. Lai, learned counsel for thepetitioner.

It is the admitted position that the Parliament in whichrespondent No. 1 \vas said to have been elected, has benedissolved and a fresh election has been ortiered.

In this view of the matter, in the light of the decisionreported in AIR 1974 Supreme Court, 505, this electionpetition has, in fact, and in effect, become infructuou6 asthere is no living issue now which requires, decision. Infact, carrying on such type of election cases, will ultimatelyamount to futile exercise of power for no benefit of eitherof the parties involving unnecessary wastage of court's timeand money of the parties.

Mr. Lai has raised an issue which appertains to the meritof the case whether the petitioner is an oraon or not. Thismatter itself has become infructious in view of dissolutionof the Parliament and, as such, I am not prepared to gointo the merit of this aspect of the case. Moreover, it is theadmitted position that no corrupt practice is involved in thiscase.

In view of the ruling referred to above, this electionpetition has lost its value, effectiveness and utility and it isaccordingly, dismissal as being infructuous. The parties aredirected to bear their own costs.

Let it be communicated to all concerned.

[No. 82/BR/(2/90)/92]By Order,

BALWANT SINGH. Secy.

1299

New Delhi, llio 10th September, 1992

O.N. 24J.— In puisuancc of Clause (b) Sub-section 2of 116-C of the Representation of the People Act, 1951(43 of 1951) the Election Commission of India hereby pub-lishes the Order dated 9th May, 1991 of the Supreme Courtof India in Civil appeal No. 2840 (NCE) of 1986 filedagainst the order dated 16th June, 1986 of the High Courtof Judicature at Palna, Bihar in Election Petition No. 3of 1985.

Certified to the true copySd/-

Assistant Registrar (JudU31-5-1991

Supreme Court of India.316787

IN 7'ilL SUPREMIi COURT OF INDIACIVIL APPELLATE JURISDICTION

CIVIL APPKAL NO. 2840 OF 1986

Rum Awadc^h Sin.yli

Vs.

Tappshwdr Singh & Ors.ORDER

Taken on Uoaid,

...Appellant.

.. , Respondents,

The Civil Appeal is permitted lo be withdrawn on thearound that it has become infructuous.

New DHbi.May 9, 1991.

Sd/- CJ1Sd/- J.

(KULDIP SINGH)

[No, 32.'BR/'3y85|86)]

By Order,BALWANT SINGH. Secy,

Pnnictl by me Manager, tiovt. of India Press, Ring Road, New Delhi-110064and Published by the Controller of Publications, Oellii-110054, 1992