Holding

The Additional Assistant Returning Officers were duly appointed by the Secretary to the Election Commission, and the High Court’s order setting aside the election was unjustified.

Summary

In the 1984 Lok Sabha election from Nizamabad, T. B. Goud was declared elected. M. Narayan Reddy filed an election petition under Sections 80 and 81 of the Representation of the People Act, 1951, alleging counting irregularities, impersonation and corrupt practices, and specifically contended that the Additional Assistant Returning Officers (AAROs) were not lawfully appointed. The Andhra Pradesh High Court set aside the election on the ground that the AAROs were unauthorised, directing a fresh count. On appeal, the Supreme Court held that under Section 19A the Secretary to the Election Commission is empowered to approve the list of officers and that Under Secretaries may authenticate orders, and that exhibition of the notification on notice‑boards sufficed as notice. Consequently, the High Court’s order was reversed and the appeal was allowed.

Issues considered

Whether the Additional Assistant Returning Officers were authorised to perform the duties of Returning Officers under the Representation of the People Act, 1951.
Whether the Secretary to the Election Commission has competence under Section 19A to approve the list of Assistant Returning Officers.
Whether Under Secretaries can authenticate orders and notifications on behalf of the Election Commission.
Whether publication of the appointment notification by exhibition on notice‑boards provides sufficient notice to all concerned.

Legislation cited

Representation of the People Act, 1951s. 19A, s. 22(1), s. 80, s. 81

Subjects

election petitionRepresentation of the People Actappointment of returning officersElection Commission authorityadministrative lawnotice by exhibitionvalidity of electioncounting of votes

Judgment

A
+
TADUR BALA GOUD
v.
M. NARAYAN REDDY & ORS.

FEBRUARY 27, 1989
B
[MURARI MORON DUTI AND T.K. THOMMEN, JJ.]

Representation of the People Act, 1951: Section 19A-Election
Commission-Secretary-Competence to appoint Assistant Returning }----;
Officers-Under Secretaries-Whether authorised to authenticate
orders, notifications, on behalf of the Election Commission.
c
Administrative Law: Notification-Publication of-By exhibition ;..+
on notice board-Whether amounts to sufficient notice to all persons.

In the Lok Sabha elections held in 1984, the appellant was
D declared elected from the Nizamabad Parliamentary Constituency. He
secured 2,51,172 votes, while Respondent No. 1got2,48,725 votes. An
election petition under Sections 80 and 81 of the Act was filed in the
High Court, by the First Respondent, challenging the election of the
appellant on grounds of illegalities and irregularities in the counting of .•.
votes, impersonation of voters and corrupt practices. The High Court set
E aside the election only on one ground that is, the Additional Returning
Officers in respect of the Nizamabad Parliament Constituency were not
appointed and authorised by the Election Commission to perform the >
duties and functions of Returning Officers and every action taken by
such officers, including the tejection of doubtful ballot papers, is abso-
lutely illegal, void and forbidden by law. The High Court gave direc- i ·
F tions to the Election Commission for recounting. (

This appeal, by special leave, is against the High Court's order
setting aside the election.

On behalf of the appellant, it was contended that the officers were
G duly appointed and authorised by the Election Commission. The First
Respondent contended that the officers were not duly appointed by the
Election Commission and that their purported exercise of power as
Additional Assistant Returning Officers was without authority and in
contravention of the relevant legal provisions.

H, Allowing the appeal,

840
T.B. GOUD v. M.N. REDDY 841

HELD: I.I. Under Section 19A of the Act,,.the Secretary to the
A
Election Commission is empowered to perform the functions of the
Election Commission under the Constitution, relevant statutes and the
roles. The Secretary is, therefore, competent to approve the revised list
containing the names of officers proposed by the Chief Electoral
Officer. [845H; 846A-B)
B
1.2. Under Secretaries are duly authorised to authenticate
all orders, notifications and other instruments on behalf of the Elec-
tion Commission, as per the Gazette of India notification dated
5.4.1958. [847C)

2.1. In the instant case, the officers concerned were duly C
appointed by the competent authority, viz, Secretary, Election Commis-
sion, and were authorised to perform the duties and functions of
Assistant Returning Officers for the Nizamabad Parliamentary Consti-
tuency. The appoinments were also duly notified to the Chief Electoral
Officer, by communicating the same by an officer who was competent to
authenticate such orders. [847E) D

2.2 Publication of the notification by exhibition on the notice
boards was, sufficient notice to all persons concerned. [847F)

3. The High Court was not justified in setting aside the proceed-
ing of counting of votes and the resultant declaration and in ordering E
a fresh counting of votes in respect of the election from the Parlia-
-~ mentary Constituency in question. The order of the High Court in so far
as it relates to the findings and directions in this regard is set
aside. [847G)

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 733 F
(NCE) of 1988.

From the Judgment and Order dated 25 .1.1988 of the Andhra
Pradesh High Court in Election Petition No. 1of1985.

G. Ramaswamy, Additional Solicitor General, A.V. Rangam G
and J. Eswariah for the Appellant.

R. Vasudev Pillai, T. V .S. Krishnamurthy Iyer, Subodh Markan-
deya, Smt. Chitra Markandeya, G. Seshagiri Rao, Ms. Usha"Saraswat,
P. Parmeshwaran, Ms. A. Subhashini and M. Narayan Reddy-in-
person, for the Respondents. H
842 SUPREME COURT REPORTS [1989] 1 S.C.R.

The Judgment of the Court was delivered by
A
THOMMEN, J. This appeal by special leave arises from the
order of the high Court of Andhra Pradesh dated 25.1.1988 in Election
Petition No. 1 of 1985. The High Court by the impugned order "set
aside the proceedings of counting and the resultant declaration" made
B on 28.12.1985 in respect of the election to the Lok Sabha held on
27 .12.1984 from 34, Nizamabad Parliamentary Constituency consist-
t
ing of 7 Assembly Segments. The High Court directed the Secretary to
the Election Commission to conduct the counting of the votes afresh in
the said Constituency from which the appellant was delcared elected to
the Lok Sabha. The 1st respondent, M. Narayan Reddy was one of the
C six candidates who contested the election. According to the result
declared by the Returning Officer, the appellant secured 2,51,172
votes while the 1st respondent, the election petitioner, secured
2,48, 725 votes. The 1st respondent filed Election Petition under
Sections 80 and 81 of the Representation of the People Act, 1951 (43
of 1951) (hereinafter referred to as the 'Act') seeking a declaration
D that the election of the appellant was void and that the 1st respondent
was duly elected from the said Constituency.

The election was challenged by the 1st respondent broadly on
three grounds:

E 1. Illegalities and irregularities in the counting of votes.

2. Impersonation of voters, and

3. Corrupt practices.
-
F The High Court on the basis of the pleadings of the parties framed 25
issues, of which Issue No. 7 alone is relevant in the present proceed-
ing. The election was set aside by the High Court solely on the basis of
Issue No. 7, the other issues having been either not pressed by the
election petitioner or found against him. Issue No. 7 reads:

G "Whether the Additional Assistant Returning Officers
were not authorised to perform the duties and functions of
the Returning Officers as alleged by the election peti-
tioner.?"

The pleading in regard to this issue is contained in paragraph 13
H of the Election Petition. It reads:
'LB. GOUD v. M.N. REDDY (TIIOMMEN, J.J 843

+ "Be that as it may, the "Additional Returning Officers" in A
respect of this Parliamentary constitency were not appoin-
ted and authorised by the Election Commission to perform
the duties and functions of the Returning Officer. There-
fore, every action taken by the said Additional Assistant
Returning Officers, including the rejection of doubtful
B
ballot, papers, is absolutely illegal, void and forbidden by
law. Hence, it is a serious irregularity affecting the validity
of counting procedure adopted for counting of votes and on
this ground alone the petitioner is entitled to inspection of
:·---1\_ the ballot papers and order for recount. These irrcgu-
larities have taken place during the counting in all the
counting halls numbering 7 in total." c
)' This allegation was refuted by the appellant in his written state-
ment. He contended that the officers were properly appointed and
duly authorised .
. D
Among the witnesses who testified on behalf of the appellant in
support of his contentions on this issue was R. W. 8, an Under Secre-
tary to the Election Commission. He produced Exs. B-22 to B-28 and
Exs. A-86 to A-88 as well as Ex. X-1 containing documents relating to
'1 the relevant proceedings connected with the appointment of the
Additional Assistant Returning Officers. Certain documents initially
E .-
produced and sought to be filed by the appellant as additional docu-
.... ments were marked as Exs. C-5 to C-8 at the instance of the election
petitioner, the 1st respondent herein.

~- The controversy under Issue No. 7, as seen above, was whether
I the Additional Assistant Returning Officers were duly appointed by I

I the Election Commission. The Court on consideration of the relevant F
'
documents held that they were not duly appointed by the Election
Commission and that the votes of the 7 Assembly Segments of the said
Constituency were liable to be recounted. The Court accordingly
issued directions in that behalf to the Election Commission.

The main contention of the election petitioner, appearing in G
person, in the High Court as well as here has been that the officers in
~ question were not duly appointed by the Election Commission, and
that their purported exercise of power as Additional Assistant Return-
ing Officers was without authority and in contravention of the relevant
legal provisions. We see no merit in this contention.
H
844 SUPREME COURT REPORTS [1989] 1 S.C.R.

The testimony of R. W. 8 and the documents proved by him leave
A no 'doubt that the officers in question were duly appointed by the
Election Commission. R.W. 8says:.

"It is true that Ex. A-55 is the copy of the notification
issued by the Election Commission of India and as is clear
B from the document, it was published in the A.P. Gazette.
This notification Ex. A-55 shows that the District Collec-
tor, Nizamabad was appointed as a Returning Officer for
Nizamabad constituency. There is another notification
No. 434/AP/84{2) showing appointment of Asst. Returning
Officers. At Sri. No. 34 of the said notification the Joint
Collector, Nizamabad and Personal Asst. to Collector,
c Nizamabad were appointed as Asst. Returning Officers to
the said Constituency. The Commission received proposals
from the Chief Electoral Officer, Andhra Pradesh,
appointing Asst. Returning Officers for all the 42
Parliamentary Constituencies including Nizamabad consti-
D tuency. On receipt of the proposals from the Chief Elec-
toral Officer, the Election Commission of India approved
the proposals and this is the true copy of the proposal that
is approved. It is marked as Ex. B-22. The letter received
from the Chief Electoral Officer as marked as Ex. B-23. It
also contains the list of 21 Asst. Returning Officers for
E Nizamabad Parliamentary Constituency. This notification
covers all the 42 Parliamentary constituencies including
that of Nizamabad. The preamble to the notification is
,.
given in the notification dated 19 .11.84. On that basis to this
notification the approved list of Asst. Returning Officers is
attached to this notification. The notification was signed by
F the Under Secretary. This notification Ex. B-24 was issued
by the Under Secretary. This notification was approved by
the Secretary, Election Commission of India, New Delhi.
Ex. B-25 shows that this was approved by Sri. K. Ganeshan
on 18.11.1984 who was at that time, the Secretary to the
Election Commission of India-, New Delhi and a notifica-
G tion was issued consequently on 19.11.84. Ex. B-26 is the
original notification showing the amendments made in
respect of Asst. Returning Officers in some parliamentary
constituencies in the state of Andhra Preadesh and that
includes Nizamabad parliamentary constituency also.
Serial No. 13 is amended designation of the Asst. Return-
H ing Officer was approved by the Secretary as proposed by
T.B. GOUD v. M.N. REDDY [THOMMEN, J.J 845

+ the Chief Electoral Officer, A.P. The ultimate notification
A
Ex. B-24 was issued by the Under Secretary but the
approval was made as per Ex. B-25 by the Secretary to the
Election Commission. The notification of Ex. B-24 was
communicated as per Ex. B-22 to the Chiief Electoral
Officer, A.P. Copies of these notifications were
communicated to the Chief Secretary of Andhra Pradesh B
also. The amended notification date 30-11-84 was also com-
municated to the Chief Electoral Officer, Andhra Pradesh"
and a copy of it was also communicated to the Chief Secre-
tary, Andhra Pradesh. Ex. B-27 is the true copy of the
notification showing the amendments in the list of the
Assistant Returning Officers. Ex B-28 is the communica- C
tion of the approval of the amendments conveyed to the
Chief Electoral Officer, Andhra Pradesh by telex message
and copy of the notification date 30-11-84 was sent with the
post copy of the message."

Ex. X-1 contains the original documents the ;elevant copies of D
which are marked as Exs. B-23 dated 14.11.1984, B-25 dated
18. 11.1984, B-22 dated 19.11.1984, B-24 dated 19.11.1984 and B-26
dated 30.11.1984. We have carefully examined the original
documents. We are satisfied that the testimony of R.W. 8 is fully
supported by the documents he has referred to. By Ex. B-23 dated

-
14.11.1984 (see page 81 of Ex. X-1) the Chief Electoral Officer, E
Andhra Pradesh wrote to the Secretary to the Election Commission
enclosing a revised list of officers proposed for appointment as
Additional Assistant Returning Officers for all the 42 Parliamentary
·.~ Constituencies for the purpose of counting of votes etc. and requesting
for the approval of the list by the Election Commission. The revised
,f list at page 137 of Ex. X-1 contains the names of the officers for· F
34, Nizamabad Parliamentary Constituency. By Ex. B-25 dated
""18.11.1984 (see pages 1-2 of Ex. X-1) the list was approved by Shri K.
Ganeshan, the Secretary to the Election Commission. His signature
dated 18.11.1984 appears at page 2 of Ex. X-1. That was an approval
of the note dated 18.11.1984 put up by Shri S.R. Sethi, the Under
Secretary to the Election Commission, reading "C.E.O.'s proposals at G
S. Nos. 7 and 8 above and the action suggested at 'A' above may be
approved." It is thus clear that the proposal made by the Chief
Election Officer and the revised list submitted by him received the
approval of the Secretary to the Election Commission. It has to be
noticed in this connection that Section 19A of the Act empowers the
Secretary to the Election Commission to perform, subject to certain H
846 SUPREME COURT REPORTS [1989] 1 S.C.R.

A conditions, the functions of the Election Commission under the Con-
stitution and relevant statutes and rules. The Secretary is, therefore,
competent to give approval to the revised list containing the names of
officers proposed by the Chief Electoral Officer. This fact of approval
was duly communicated by the Secretary to the Election Commission
to the Chief Electoral Officer, Andhra Pradesh by telex message sent
B on 19.11.1984 (see Ex. B-22 at page 158 of Ex. X-1). It was clarified in
Ex. B-22 that the notification of the Election Commission was not
published in the Gazette of India and it was not required to be
published in the State Gazette. The notification of the Election Com-
mission was sent with the post copy of the telex message. Ex. B-24
•
dated 9.11.1984 which is the post copy authenticated by Shri S.R.
C Sethi, the Under Secretary to the Election Commission is that notifica-
tion (see pages 156-157 of Ex. X-1). It says that "In exercise of the
powers conferred by sub-section (1) of section 22 of the Representa-
tion of the People Act, 1951 (43 of 1951), the Election Commission
hereby appoints ........ ". A list of the Assistant Returning Officers
appointed under the notification is appointed in the table to Ex. B-24,
D and it begins with "Srikakulam Parliamentary Constituency". The
names of the constituencies and the officers are mentioned in the order
in which they are stated by the Chief Electoral Officer in his revised
list appended to Ex. B-23. However, Ex. B-24 specifically mentions
only Srikakulam Parliamentary Constituency. At the end of the names
in respect of that Constituency, the Under Secretary authenticating
E the notification merely says "please see pp 82-157". These are the pages
of Ex. X-1 containing the entire revised list. By this device the entire
list appended to Ex. B-23 was incorporated into Ex. 24 notification,
and the need for typing out all the names in Ex. B-24 was thus avoided.
Ex. B-26 dated 30.11.1984 (see pages 177-179 of Ex. X-1) is a notifica-
tion issued by the Election Commission making certain amendments to
F its earlier notification dated 19.11.1984. Serial No. 17 of Ex. B-26
(at page 178 of Ex. X-1) reads:

"At S. No. 13 against item No. 34-Nizamabad, the entry
"13. District Manager, A.P.S.C.S.C. Nizamabad" shall be
substituted;''
G
This shows that the amendment in respect of 34, Nizamabad
Parliamentary Constituency made by Ex. B-26 by substituting entry 17
for the relevant entry in the revised list appended to Ex. B-23 was in
affirmation of the incorporation of the entire revised list in Ex. B-24.

H In the light of this evidence, there is no merit in the contention
T.B. GOUD v. M.N. REDDY [THOMMEN, J.J 847

that the revised list was not approved by the Secretary to the Election A
Commission and that the notification evidenced by Ex. B-24 did not
relate to 34, Nizamabad Parliamentary Constituency. As stated
earlier, Ex. B-25 evidences the approval given by the Secretary to the
Election Commission to the revised list proposed by the Chief
Electoral Officer and the approval was duly notified and communi-
13
cated by the Under Secretary to the Election Commission to the Chief
Electoral Officer, Andhra Pradesh with a request to exhibit the notifi-
cation on the notice boards of the offices of the concerned District
Election Officers and Returning Officers.
In this connection, it may be noticed that Under Secretaries are
duly authorised to authenticate all orders, notifications and either
instruments on behalf of the Election Commission (see notification
c
No. 226/5/58 of Gazette of India dated 5.4.1958 appended to Volume I
of Paper Book-page 170).
In the circumstances, we see no merit in the contention of the
election petitioner, the 1st respondent herein, that the concerned
D
officers for the Parliamentary Constituency in question had not been
duly appointed by the competent authority and that they were, there-
fore, not authorised to perform the duties and functions of the
Assistant Returning Officers. These Officers were appointed by the
Secretary to the Election Commission who is undoubtedly to a compe-
tent authority to make such appointments and his order appointing
E
them had been duly notified to the Chief Electoral Officer by com-

-
municating the same by an offficer who was competent to authenticate
such orders. The notification was directed to be exhibited on the
notice boards of the concerned offices. No statutory provision has
been brought to our notice requiring formal publication of such notifi-
cation in an Official Gazette. Publication of the notification by exhibi-
tion on the notice boards was, in our view, oufficient notice to all F
persons concerned.
Accordingly, we hold that the High Court was not justified in
setting aside the proceeding of counting of votes and the resultant
declaration and in ordering a fresh counting of votes in respect of the
election from the Parliamentary Constituency in question. Conse- G
quently, we set aside the impugned order of the High Court insofar as
it relates to the findings and directions regarding Issue No. 7. The
appeal is allowed in the above terms. In the circumstances of this case,
we make no order as to costs.

G.N. Appeal allowed. H