PRAHLADDAS KHANDELWAL Vs. NARENDRA KUMAR SALAVE

JUDGEMENT

(1.) THIS is an appeal from a judgment of the Madhya Pradesh High Court in an election petition filed by the appellant Prahladdas Khandelwal one of the candidates for the Mid-term election to the Lok Sabha from the Betul Parliamentary Constituency No. 26 in the State Madhya Pradesh challenging the election of the respondent Narendra Kumar Salve the returned candidate.

(2.) SOME of the material dates may be noticed. The notification calling for the election was issued on January 27, 1971. The last date for filing the nomination paper was February 3, 1971; the scrutiny was to take place on February 4, 1971. The election was to be actually held on March 4, 1971 and the election result was to be declared on March 11, 1971.

(3.) THE respondent resisted the election petition on the ground, inter alia, that there was no defect in the nomination form supplied to the appellant. THE omission to mention the name of the Constituency was a defect of substantial character. It was denied that it was the duty of the Assistant Returning Officer to get the substantial defect in the nomination form rectified. THE sole issue which arose for decision was whether the nomination paper of the appellant had been wrongly rejected. THE High Court gave the following findings.