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Shri Guru Datt v. S. Sohan Singh And Another

Punjab & Haryana High Court
Jul 21, 1964
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Judgment Summary — Dua, J. (Division Bench concurred by D.K. Mahajan, J.)

Factual and Procedural Background

These two writ petitions (Civil Writs Nos. 2056 and 2057 of 1963) challenge the same impugned order disposing of an election petition relating to the election of Vice Chairman, Panchayat Samiti, Rayya Block. The election petition had been presented and thereafter disposed of by an Additional Deputy Commissioner, and it is that disposal order which the petitioners assail by way of writ petitions.

The matter proceeded in the High Court, where the Single Judge (Dua, J.) referred a substantial jurisdictional question to a Division Bench and sought the assistance of another Judge under the High Court Rules to decide the issue expeditiously. The Division Bench ultimately heard and decided the matter, allowing the writ petition and quashing the impugned order.

Legal Issues Presented

  1. Whether an Additional Deputy Commissioner had jurisdiction to entertain and dispose of an election petition presented under section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961, read with Rule 4 and Rule 8(e) of the Punjab Panchayat Samitis and Zila Parishads (Election Petition) Rules, 1961.
  2. Whether the Governor's order (Annexure "R-1") declaring Additional Deputy Commissioners equivalent in status and responsibility to Deputy Commissioners could validate or cure any jurisdictional defect arising under the statute and rules.
  3. Whether the failure to raise the jurisdictional objection before the officer who disposed of the election petition (i.e., raise it in the election proceedings) precludes the petitioner from assailing the order on that ground in writ proceedings.
  4. Whether, even if there was a jurisdictional defect, the High Court should in its discretion decline to quash the order on grounds of bona fide exercise by a senior officer and absence of manifest injustice.

Arguments of the Parties

Petitioner's Arguments

  • The Additional Deputy Commissioner had no jurisdiction to entertain and dispose of the election petition because section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 requires presentation of an election petition to the "prescribed authority" and Rule 4 of the Election Petition Rules identifies the Deputy Commissioner as that prescribed authority.
  • Section 2(3) defines "Deputy Commissioner" and includes a proviso excluding any specially appointed officer (not below Extra Assistant Commissioner rank) from performing functions in respect of which the decision of the Deputy Commissioner is made final; Rule 8(e) makes the order of the prescribed authority final—together demonstrating that only the Deputy Commissioner may exercise the final adjudicatory role.

Respondents' Arguments

  • The Governor's order (Annexure "R-1") equating Additional Deputy Commissioners in status and responsibility to Deputy Commissioners means that the Additional Deputy Commissioner is, for present purposes, equivalent to the Deputy Commissioner and thus possessed jurisdiction.
  • The election petition was initially presented to the Deputy Commissioner (Shri Sunder Singh), who later became the Additional Deputy Commissioner, and proceedings continued before him (and subsequently before his successor as Additional Deputy Commissioner), such that presentation to the prescribed authority having jurisdiction was satisfied in substance.
  • The petitioner failed to raise the jurisdictional objection before the Additional Deputy Commissioner in the election proceedings; had the objection been raised, material could have been placed on the record or the petition transferred to the Deputy Commissioner, curing any defect.
  • As a last resort, respondents urged that the Court should exercise discretion not to quash the order because a responsible senior officer had bona fide and in good faith adjudicated the election petition on the merits and no manifest injustice had been caused.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Debi v. Desa, 1954, 56 P.L.R. 284 Used by analogy in relation to cases dealing with appeals under the East Punjab Urban Rent Restriction Act; supports principle that judicial/quasi-judicial functions vested in a designated officer (persona designata) cannot be performed by another. The Court invoked this analogy to reinforce the conclusion that performance of functions by an officer other than the one statutorily designated (Deputy Commissioner) is prima facie unauthorised and cannot be sustained.

Court's Reasoning and Analysis

The Court's analysis proceeded from the statutory scheme and rules governing presentation and disposal of election petitions. The relevant statutory and regulatory provisions identified in the opinion are:

  • Section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 — prescribes presentation of election petitions to the prescribed authority within a specified period and subject to prescribed conditions.
  • Rule 4 of the Punjab Panchayat Samitis and Zila Parishads (Election Petition) Rules, 1961 — designates the Deputy Commissioner within whose jurisdiction the Panchayat Samiti or Zila Parishad situates as the "prescribed authority."
  • Section 2(3) of the Act — defines "Deputy Commissioner" to include an officer not below Extra Assistant Commissioner specially appointed to perform the functions of a Deputy Commissioner, but contains a proviso excluding such an officer from performing any function in respect of which the decision of the Deputy Commissioner is made final.
  • Rule 8(e) of the Election Petition Rules — provides that the order of the prescribed authority disposing of the election petition is final.

From these provisions the Court reasoned that the legislatively prescribed design of jurisdiction gave exclusive competence to the Deputy Commissioner as the prescribed authority to try and dispose of election petitions. The rules were made under section 115 and related empowering provisions, were laid before the State Legislature, and thus had statutory force; this reinforced that Rule 4's designation of the Deputy Commissioner was to be treated as integral to the statutory scheme.

The respondents' contentions were considered and rejected on the following bases:

  • The submission that presentation to a Deputy Commissioner who subsequently became an Additional Deputy Commissioner, and continuation of proceedings before him and his successor, satisfied the statutory requirement was rejected. The Court held that presentation to the "prescribed authority" necessarily imports that the designated authority must try and finally dispose of the petition; allowing otherwise would frustrate the object of conferring exclusive authority on the Deputy Commissioner.
  • The Governor's administrative order (Annexure "R-1") equating Additional Deputy Commissioners in status and responsibility to Deputy Commissioners did not and could not alter or override the statutory provision and the proviso in section 2(3) which expressly bars specially appointed officers from performing functions in respect of which the Deputy Commissioner's decision is final.
  • The Court applied the persona designata doctrine: where judicial or quasi-judicial functions are entrusted to a specified officer as persona designata, those functions are prima facie intended to be performed only by that designated officer and are not to be delegated. By analogy to prior decisions such as Debi v. Desa, the Court concluded that performance of such functions by an unauthorised officer is prima facie unauthorised and the resulting orders are void.
  • The respondents' plea that the Court ought to exercise discretion to leave the order undisturbed because it was passed in good faith by a senior officer was rejected. The Court emphasized the rule of law: orders passed by unauthorised persons lacking jurisdiction are generally void and nullities, and to permit otherwise would undermine the rule of law and encourage disregard for statutory limits on administrative power.

The Court also observed procedural concerns: the petitions had been directed to be disposed of urgently by the admitting Bench and by Dua, J., but despite directions the case remained pending; the Court stressed the desirability of prompt disposal of election disputes.

Holding and Implications

Core Ruling: The writ petition is allowed and the impugned order passed by the Additional Deputy Commissioner disposing of the election petition is quashed.

Direct consequences for the parties:

  • The impugned order made by the Additional Deputy Commissioner was quashed without costs.
  • If the election petition was initially presented to the prescribed authority (the Deputy Commissioner), the petition must be tried and disposed of by that prescribed authority; if it was not presented to the Deputy Commissioner as prescribed by law, the entire proceedings stand quashed and set aside.

Broader implications addressed by the Court:

  • The Court underscored the importance of the rule of law and held that statutory limits on who may exercise specified judicial/quasi-judicial functions must be respected; administrative orders equating status cannot displace statutory designations as to jurisdiction.
  • The opinion rejected a discretionary approach that would validate the acts of an unauthorised adjudicator merely because the adjudication was bona fide and by a senior officer, stressing that such an approach would erode the rule of law.

The opinion does not state that it establishes any novel binding precedent beyond the application of existing principles concerning persona designata and jurisdictional limits; it applies those principles to quash the specific impugned order.

Disposition

Petition allowed. The impugned order quashed. (Dua, J. delivered the lead judgment and D.K. Mahajan, J. concurred.)

Show all summary ...

Dua, J.:— These two writ petitions (Civil Writs Nos. 2056 and 2057 of 1963) are directed against the same order and had better be disposed of by one order. It appears that an election petition relating to the election of Vice Chairman, Panchayat Samiti, Rayya Block was presented and disposed of by the Additional Deputy Commissioner. Amritsar, on 10th October, ??? and it is this order which has been assailed in both the petitions.

2. The first point which has been raised by the learned counsel for the petitioner is that the Additional Deputy Commissioner had no jurisdiction to entertain and dispose of the election petition. Reference has in this connection been made to section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961. According to this section, a voter for the election of a member may on furnishing the prescribed security and other prescribed conditions within 20 days of the announcement of the result of an election present to the prescribed authority an election petition. For the purposes of determining the prescribed authority, reference has been made to rule 4 of the Punjab Panchayat samitis and Zila Parishads (Election Petition) Rules, 1961, according to which an election petition has to be presented to the Deputy Commissioner within whose jurisdiction the Panchayat Samiti or Zila Parishad is situate, who is described as the prescribed authority under section 121. Reference is next made to section 2(3) of the Act, according to which ‘Deputy Commissioner’ means the Deputy Commissioner of a district, and includes any officer not below the rank of an Extra Assistant Commissioner specially appointed by the Government to perform the functions of a Deputy Commissioner under this Act. There is a proviso added to this sub-section, according to which such officer (reference is to the officer not below the rank of an Extra Assistant Commissioner specially appointed by the Government) shall not perform any function in respect of which the decision of the Deputy Commissioner under the Act is made final. The learned counsel has also drawn my attention to Rule 8(e), according to which the order of the prescribed authority disposing of the election petition is final. On behalf of the respondents' my attention has been drawn to Annexure ‘R-1’, according to which Additional Deputy Commissioners are stated to be equivalent in status and responsibility to the cadre posts of Deputy Commissioners and it has been contended that an Additional Deputy Commissioner is for the purposes of the present case equivalent to Deputy Commissioner and, therefore, within the meaning of the statutory provision. Another objection has been raised on behalf of the respondents that the ground on which the order of the Additional Deputy Commissioner is being assailed here was not raised before him in the election proceedings and therefore, it is not open to the petitioner to assail that order on this ground. This argument is developed by the submission that if the objection had been raised there, material would perhaps have been placed on the record showing that an Additional Deputy Commissioner is, in any event, equivalent to Deputy Commissioner, and also that if the objection had been raised at the earlier stages, the election petition would, in that case, have been transferred to the file of the Deputy Commissioner himself and the defect would have been remedied.

3. Two other objections have been raised by Shri Tirath Singh but they relate to the merits, with the result that it is somewhat difficult for me to persuade myself to go into those points on writ side. The statutory scheme appears to me to attach finality to the orders of the prescribed authority, with the result that if this order ??? not tainted with a defect of jurisdiction, then merely because there is some irregularity in the procedure, even though it may be described by some to amount to illegality, this Court is not bound, and indeed should be reluctant to interfere with such orders. After all, the right involved before me is neither a fundamental right nor a common law right but a mere statutory political right which is being canvassed in writ proceedings.

4. In so far as the first point is concerned, it appears to me that the question is not free from difficulty and goes to the root of the jurisdiction of the officer judicially determining the election controversy. The origin of the appointment of the Additional Deputy Commissioners has not been clarified before me. Since these points are likely to arise quite frequently in this State, it is desirable that this matter be settled by a larger Bench more authoritatively. I would accordingly direct that papers be laid before my Lord the Chief justice for giving me the assistance of another Judge under Chapter III-B, Rule 1, clause (xx) proviso (b) read with clause (xxviii), High Court Rules and Orders, Vol. V. As the question is of urgency, the orders of the Chief Justice may be obtained without undue delay so that the matter may be disposed of within two weeks. Indeed, even the admitting Bench had on 12th November, 1963 directed that the petition should be disposed of within two months.

Sarvshri T.S Munjral and S.S Dhingra, for the Petitioner.

Shri R. Sachar and Shri M.J Sethi, for the Respondents.

ORDER OF THE DIVISION BENCH

5. Dua, J.:— The facts giving rise to this reference to Division Bench are stated in my referring order dated 2nd March, 1964 in which I expressly directed that the matter being urgent should be expedited so that the petition should be disposed of within two weeks. As a matter of fact, even the admitting Bench had on 12th Nov. 1963 directed that the petition should be disposed of within two months. It is unfortunate that inspite of the order of the admitting Bench the case should not have been disposed of till today. It is desirable that cases relating to elections whether the election pertains to Parliament, Legislative Assembly or Panchayat Samiti must be disposed of with due despatch because our system of government attaches great constitutional importance to representative form of Government and it is in the Panchayat that a common villager in this country will get training in the art of local self government. It is, therefore, desirable that election controversies are disposed of with the utmost despatch possible.

6. This petition must be allowed because the Additional Deputy Commissioner who disposed of the election petition had no jurisdiction to do so; such jurisdiction having been vested only in the Deputy Commissioner. An election petition presented under section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961, must be presented to the Deputy Commissioner within whose jurisdiction the Panchayat Samiti or Zila Parishad is situated as per Rule 4 of the Punjab Panchayat Samitis and Zila Parishads (Election Petition) Rules, 1961. The Deputy Commissioner, according to this Rule, is the prescribed authority under section 121. The Deputy Commissioner under section 2(3) means the Deputy Commissioner of a district including any officer not below the rank of an Extra Assistant Commissioner specially appointed by the Government to perform the functions of a Deputy Commissioner under this Act, but such officer is expressly debarred by means of the proviso from performing any function in respect of which the decision of the Deputy Commissioner under this Act is made final. Rule 8(e) of the Election Petition Rules mentioned above makes the order of the prescribed authority final. These rules, it may be pointed out, have been made under section 115 of the Act and sub-section (2)(b)(ii) and (iii) specifically empower framing of rules relating to investigation of allegations of corrupt practises and for avoiding elections etc. These rules under sub-section (4) have to be laid before each House of the State Legislature for a specified number of days and are liable to be modified by the Houses of Legislature. It is thus obvious that these rules have the same force as the main statute and in deed this is not disputed before us at the bar. Prima facie, therefore, it is the Deputy Commissioner alone who has been given the jurisdiction to entertain and dispose of the election petition. The respondents have, to begin with, pleaded that the election petition was initially presented to Shri Sunder Singh who was the Deputy Commissioner but later he became the Additional Deputy Commissioner and the proceedings continued before him Afterwards, Shri Lal Singh Ahuja succeeded Shri Sundar Singh to the office of Additional Deputy Commissioner and, therefore he after conducting the proceedings disposed of the election petition in accordance with law. It is in the circumstances contended that the election petition was presented to the prescribed authority, having jurisdiction, and, therefore, there is no violation of any statutory provision. I am not impressed by this contention.

7. It is obvious that under section 121(2), it is the prescribed authority which is authorised to dispose of the petition and the presentation of the ??? ??? to the prescribed authority in the context clearly cannotes and means that it is this authority alone which has to try the petition and family dispose it of. To hold otherwise would lead to illogical results. The object of conferring authority on the Deputy Commissioner to entertain the petition would seem to me to be frustrated, if after entertaining it its trial and disposal could be entrusted to an individual who does not fall within the definition of prescribed authority as provided by Rule 4. The respondents' contention is no doubt ingenious but it is patently devoid of merit and is hereby repelled.

8. It has next been contended that the Additional Deputy Commissioner has been performing the functions of the Deputy Commissioner and, therefore, the orders passed by the former must be deemed to be orders passed by the latter. Here again, I am unable to sustain the argument. The Deputy Commissioner, in the case in hand, is, in my opinion, a persona designata and, therefore, it is the Deputy Commissioner alone who can as such perform the functions which the statute and the rules made thereunder confer on him. The order of the Governor Annexure “R. 1” dated 13th December 1962, declaring the ex-cadre pasts of Additional Deputy Commissioners to be equivalent in status and responsibility to the cadre posts of Deputy Commissioners, seems to me to be unhelpful to the respondents. This order does not, and indeed cannot, modify the statutory provision, according to which, an election petition has to be presented to the Deputy Commissioner ??? an officer specially appointed to perform the functions of a Deputy Commissioner is expressly ??? from performing any function in respect of which the decision the Deputy Commissioner is made final. It may be remembered that when judicial and quasi-judicial functions are entrusted to a specified ??? as persona designatu, then such functions are prima facie meant to be performed only by the officer designated, and such designated authority possesses no inherent or implied power to delegate its functions to someone else. Performance of such functions by any other authority would prima facie be unauthorised and non-est. By way of analogy, reference may be made to cases dealing with appeals under the East Punjab Urban Rent Restriction Act: Debi v. Desa . 1954 56 P.L.R 284., and other similar cases.

9. A taint attempt has, as a last resort, been made by the respondents to urge that an Additional Deputy Commissioner on whom had been conferred equal status and responsibility by the Governor's orders, having disposed of the election petition this Court should in its discretion decline to quash the impugned order on the writ side; the argument being that there is no manifest injustice suffered by the petitioner because a responsible senior experienced officer has bona fide and in good faith adjudicated on and disposed of the election petition on the merits. Here again, I find myself unable to sustain the contention which betrays un-awareness of the true concept of rule of law. In cases where unauthorised persons lacking inherent jurisdiction purport to perform judicial or quasi-judicial functions, the orders passed by them are generally treated as void and, therefore, nullities; they do not exist in the eye of law. To accede to the respondents submission would indeed cut at the root of the rule of law which is one of the basic pillars of our constitutional set-up, and to strengthen which, seems to me to be, the most emergent and urgent need of this Republic today. A large number of cases have come up to this Court disclosing an increasing tendency on the part of even some senior administrators to unceremoniously disregard the rule of law under which alone they can lawfully claim and exercise their authority; this tendency does not seem to ensure healthy future of our democratic existence, and for one thing it is not calculated to inspire in the common man faith in our form of government which is the essential pre-requisite for its successful working—nay, for its survival. On the contrary, it may encourage mental drift towards absolutism or dictatorship. The administrator, it may appropriately be pointed out, while dealing with the citizens' rights, can exercise only those powers which the law gives him and possesses no power outside the law. The rule of law accordingly serve as a beacon-light or a guide-post to the administrator and is not an irksome obstruction in his way, as some may choose to believe. This Court would thus be failing in the performance of its solemn duty as guardian of the rule of law if it were to decline to quash the impugned order on this ground.

10. This writ petition accordingly succeeds and allowing the same I quash the impugned order but without costs. In case the election petition was initially presented to the prescribed authority, then it would have to be tried and disposed of by it, otherwise the entire proceedings would stand quashed and set aside.

11. D.K Mahajan, J.:— I agree.

Petition allowed.