LIMED STNGH RAO Vs. MANI RAM GODARA

JUDGEMENT

(1.) The appellant was the Returning Officer in the by-election to Constituency No. 78 Fatehabad Assembly Constituency of Haryana State for which the election schedule was published on November 23, 1983. The last date for filing of nomination papers was November 30, 1983, and date of poll was scheduled for December 23, 1983.

(2.) Nomination papers were to be scrutinised on December 1, 1983. During scrutiny the appellant rejected nomination papers of two candidates being Mani Ram Chhapola and Raj Tilak. After the election Lila Krishan was declared elected and thereupon an election petition was filed under the Representation of the People Act, 1951 ('Act' for short) before the High Court of Punjab and Haryana at Chandigarh being Election Petition No. 1 of 1984 challenging the election of Lila Krishan.

(3.) In the election petition it was alleged that the rejection of the two nomination papers was without any justifying ground and on account of improper rejection of those nomination papers, the election was liable to be set aside under Section 100(1)(c) of the Act. At the trial of the election petition the successful candidate who was a respondent in the High Court examined the appellant as R.W.3. The appellant had rejected the nomination papers on account of wrong indication of the proposer's serial number in the electoral roll of the respective nomination papers. The evidence of the appellant was analysed by the High Court and the learned Judge came to hold: