DILIP KUMAR GON Vs. DURGA PRASAD SINGH

JUDGEMENT

(1.) Durga Prasad Singh, respondent herein; Khatir Ali and Abdul Hamid, filed their nomination papers before the Returning Officer for contesting the election to the Bihar Legislative Assembly from 147- Jamtara Assembly Constituency (General). The date for scrutiny of the nomination papers was February 9, 1972. The Returning Officer rejected the nomination papers of Khatir Ali and Abdul Hamid ignoring the objections that were raised on their behalf. Durga Prasad Singh was declared duly elected.

(2.) The appellant, an elector of the Constituency, filed an Election Petition challenging the election of Durga Prasad Singh inter alia on the ground that the nomination papers of Abdul Hamid and Khatir Ali had been improperly rejected. A learned single Judge of the High Court, who tried the petition, decided that issue against the petitioner, and in consequence, dismissed the petition. Hence this appeal.

(3.) Before us, Mr. R. K. Garg, learned counsel for the appellant has confined his arguments to the rejection of the nomination paper of Abdul Hamid, only. It is submitted that the defect on the basis of which the Returning Officer, rejected Abdul Hamid's nomination papers, was not a 'defect' in the eye of law. At any rate, proceeds the argument, it was not a defect of a substantial character which could justify rejection of the nomination papers.