YOUARAJ RAI Vs. CHANDER BAHADUR KARKI

JUDGEMENT

(1.) Appeals admitted.

(2.) All the above three appeals raise an interesting and important question of law as to interpretation of Sec. 81 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act").

(3.) In all these appeals, facts are more or less similar. The Election Commission of India issued a notification on 16.03.2004 for holding general election to the Legislative Assembly for the State of Sikkim. Total constituencies were 32. A programme was published which provided various stages of election. 23.04.2004 was the last date for filing nomination papers, 24.04.2004 was fixed for scrutiny of nomination papers, 26.04.2004 was the last date for withdrawal of candidatures, 10.05.2004 was the date of poll, if necessary, and date of counting and declaration of results was fixed as 17.05.2004. The appellants filled in their nomination papers from 12-Wak Assembly Constituency, 14-Melli Assembly Constituency and 13- Damthang Assembly Constituency respectively on 23.04.2004. When nomination papers were scrutinized on the next date, i.e. 24.04.2004, they were found to be defective and hence all their nomination papers were rejected. The resultant effect was that on 26.04.2004 which was the last date for withdrawal of candidature, in all the three above constituencies, only one candidate was in the field. The Returning Officer, therefore, declared the first respondent in all the matters elected (un-contested). In respect of other constituencies, however, polling was held on 10.05.2004 and after counting of votes, results were declared on 17.05.2004.