J.NARAYANASWAMY v. THE ELECTION COMMISSION OF INDIA
Case at a glance
- Bench
- V ESWARAIAH, VILAS V AFZULPURKAR
Provisions considered
Judgment
HONOURABLE THE ACTING CHIEF JUSTICE SRI V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR PUBLIC INTEREST LITIGATION NO.184 OF 2012 ORDER: This Public Interest Litigation is filed seeking a primary relief against the Election Commission of India not to take steps for filling up of 18 vacancies of Andhra Pradesh State Member of Legislative Assembly and one vacancy of Member of Parliament upto the completion of five months from the date of vacancy i.e. upto the end of August, 2012. In other words, Sri.J.Narayana Swamy, party-in-person states that the vacancies arose when 16 MLAs were disqualified on 02.03.2012 and time period of six months under Section 151- A of the Representation of the People Act, 1951 would be available upto the end of August, 2012. Sri.J.Narayana Swamy, party-in-person says that there was no necessity for the Election Commission of India to hold the By-Elections before the end of August, 2012 and he cites various reasons as mentioned by him in his representation dated 20-04-2012 sent to the Election Commission of India.
Since no orders are passed on the said representation a Mandamus is sought for by filing this Public Interest Litigation. The further prayer sought for by Sri.J.Narayana Swamy, party-in-person in this Public Interest Litigation is that the entire election expenditure incurred for holding the By-Elections must be recovered from the MLAs/MP who have resigned causing the vacancies and for that purpose he seeks a direction that the Election Commission of India be directed to take affidavits from the contesting candidates that they will be liable to pay the election expenditure, if they cause vacancy in the elected post. We have heard Sri.J.Narayana Swamy, party-in-person who points out the huge expenditure involved in conducting the repeated By-Elections. So far as the primary relief is concerned the same has undoubtedly become infructuous as the Public Interest Litigation came up for the first time before us on 04.06.2012 when it was adjourned at the request of the party-in- person.
Today, when the matter is heard the By-Elections are to be held tomorrow i.e. on 12.06.2012 and hence the primary relief as sought for clearly does not survive now. So far as the second relief sought for is concerned, Sri.J.Narayana Swamy, party-in-person is not able to show any provisions of the Representation of the People Act, 1951 empowering the Election Commission of India to take such affidavits as contended by him. In any case, neither the MLAs/MP who have resigned are parties herein nor the contesting candidates in the By-Elections are parties herein. Therefore, the second relief sought for is misconceived. Accordingly, this Public Interest Litigation is dismissed. ( V.ESWARAIAH, HACJ ) ( VILAS V.AFZULPURKAR, J ) Dt:11-06-2012. TNB
Precedent status how later indexed judgments have treated this case
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