J.N.BHATT - (1.)this election petition under Sec. 80A of the Representation of People Act, 1951 ("R. P. Act"), the petitioner has challenged the validity and legality of the election of Junagadh Lok Sabha constituency and has sought an order for re-election.
(2.)A resume of material and relevant facts shortly may be stated at the outset so as to appreciate and examine the merits of election petition at the threshold. The petitioner N. R. Kakadia was contesting 11th Lok Sabha Election from 6/Junagadh constituency as a candidate of National party (Bahujan Samaj Party). The petitioner has inter alia contended that the returning officer-respondent No. 1, M. D. Mankad had adopted malpractices which he has stated in paras 1 to 9 of the petition. His main grievance seems to be that respondent No. 1 returning officer despite giving notice about irregularities, did not respond, as a result of which, he secured only about 200 votes. After filing his nomination papers on 30-3-1996, respondent No. 1 out of grievance and grudge from the very beginning of the election process, declared him as candidate of separate party and with separate name.
(3.)The petitioner has also inter alia contended that though he was a candidate of National Party (Bahujan Samaj Party) in press and daily newspaper of Saurashtra and Gujarat, many times, his name was shown as candidate of Bahujan Samaj Party. In the similar fashion, his name was published many times in the newspapers and in some of the newspapers, instead of the name of the petitioner, name of Maqsood Ibrahim Kadri was shown as candidate of Bahujan Samaj Party. The petitioner has given a list of different news items datewise and paperwise in para 14 of his petition. The petitioner has sent registered notice to the returning officer to stop such publications showing wrong name and wrong party through the Department of Information. He had also received a list of rival candidates in prescribed form from the returning officer. There was mistake in the said list. The petitioner was allotted the symbol of elephant for the Lok Sabha Election. In nutshell, the main grievance of the petitioner was that his name and his party name had not been correctly published in the newspapers. He believed, therefore, that publication of information in relation to the election must be at the instance of the Public Information Department of the Government and, therefore, it was incumbent upon the returning officer to get it stopped. Since he failed to do it, he has committed irregularities and non-action on the part of the returning officer.