Law: Electoral College Act (IV of 1964)

Section: 58,60,36(1-A)

(NOTE:Wrongly 2 citations added in PLD. Both are mentioned.) (a) Electoral College Act (IV of 1964), Ss. 58 & 60 read with Electoral College Rules, 1964, r. 36(1-A) - Election petitionExpression "may make such orders as it may think fit" occurring in S. 60(2) of Act -Power of Tribunal to make such orders controlled by limitation prescribed by sub-rule (I-A) of rule 36 of Rules-Setting aside election-Tribunal must be satisfied : (i) that there' has been non-compliance or contravention of any provision of Act or Rules ; and (ii) such non-compliance or contravention materially affected result of election.   Where the contention was that in an election petition under section 58 of the Electoral College Act, 1964 the powers of the Tribunal were not circumscribed by the provisions of subrule (1-A) of rule 36 of the Electoral College Rules, 1964 inasmuch as in view of the wide terms of section 60(2) of the Act the Tribunal was entitled to make any order it might think fit on the con sideration of the evidence before it, it was held that the power of the Tribunal to make any order as it may think fit was, in terms of section 60 of the Act, controlled by reason of the very opening words of subsection (2) of section 60 of the Act and the limitations prescribed by sub-rule (1-A) of rule 36 of the Rules. Before declaring an election to be void the Tribunal must be satisfied on two points : first, that there has been a non-compliance or contravention of any provision of the Act or the Rules; and second that such a non-compliance or the contravention, has in fact, materially affected the result of the election.   Where, therefore, the election Tribunal declared an election void holding that "there might have been two cases of persona tions" and "it was possible that due to personation the result of the election has been affected or at least might have been affected":   Held: The order, of the Tribunal was, without jurisdiction.   In the case there had been no finding that the Tribunal was satisfied that the votes cast by personation had actually affected the result of the election and in fact there could be no such…