AIR 1962 ANDHRA PRADESH 113 ::1961 AndhLT 636 ::(1961) 2 Andh WR 124 ::ILR (1962) Andh Pra 292

Andhra Pradesh High Court

Hon'ble Judge(s): P. Satyanarayana Raju, Chandrasekhara Sastry , JJ

(A) Representation of The People Act (43 of 1951) , S.86— Constitution of Election Tribunal - Chairman is also a member of Tribunal - Appointment of members before Chairman - Resignation of Chairman after framing issues - Appointment of new Chairman in his place - Constitution of Tribunal is valid. The use of the expression 'other members' in Cl. (b) of S.86 (3) and the language of S.104 of the Representation of the People Act clearly show that the Chairman of the Tribunal is also a member of the Tribunal for purposes of appointment under S.86 of the Act. The second proviso to S.86 (3) enables the appointment of a Chairman before that of the members and does not prevent the appointment of the members of the Tribunal before the Chairman is appointed.(Para 8) If a chairman is unable to perform his function for any reason e.g. by his resignation, it is open to the Election Commission to appoint another person as the Chairman as the word any member in S.86 (4) includes the Chairman.(Para 9) Where the Chairman of the Election Tribunal was appointed after the appointment of two other members of the Tribunal and after the framing of the issues the Chairman resigned and a new Chairman was only appointed in his place the constitution of the Tribunal is perfectly valid as being in accordance with the provis....