AMOLAK CHAND Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) This appeal is brought under S. 116-A of the Representation of the People Act, 1951, hereinafter referred to as the 'Act', from the judgment of the High Court of Madhya Pradesh dated August 25, 1967 in Election Petition No. 2 of 1967 whereby the High Court held that the election of the appellant from Barwaha Vidhan Sabha Constituency held on February 20, 1967 was void.

(2.) The appellant was a candidate at the election of the Legislative Assembly of the State of Madhya Pradesh from Barwaha Constituency held On February 20, 1967. The respondent was a candidate for election from the same constituency. Besides the appellant and the respondent, there were two other candidates, namely, Nathu son of Rupa and Sita Ram son of Sadhu Ram. There were two nomination papers filed for Nathu son of Rupa, one nomination paper (R-3) was filed on January 19, 1967 at 2.12 p. m. and the second nomination paper (R-1) was filed on January 20, 1967 at 12.47 p. m. The nomination paper of Sita Ram son of Sadhu Ram (R-1) was also filed on January 20, 1967 at 2.32 p. m. In all the three nomination papers, the name of the candidate was proposed by one Sharawan son of Gheesa, an elector from that constituency. On January 21, 1967, the Returning Officer rejected the nomination papers of the two candidates, Nathu son of Rupa and Sita Ram son of Sadhu Ram on the ground that the same elector could not propose two different candidates for the same constituency. At the polling which took place on February 20, 1967 the appellant was declared elected to the Assembly from the aforesaid constituency on February 22, 1967 by the Returning Officer. On March 29,1967, the respondent filed an Election Petition under S. 80 of the Act in the High Court against the appellant. The respondent ought a declaration that the election of the appellant was void under S. 100 (c) of the Act on the ground that the nomination papers of Nathu son of Rupa and Sita Ram son of Sadbu Ram were improperly rejected. By its judgment dated August 25, 1967, the High Court accepted the contention of the respondent and declared the election of the appellant from Barwaha Constituency to be void.

(3.) On behalf of the appellant Mr. Gupte put forward the argument that under the scheme and policy of the Act an elector can propose only one candidate for a single seat constituency and not more than one candidate and if more than one nomination is made for a single seat constituency, all the nominations should be taken to be null and void. We are unable to accept this argument as correct. Section 33 (2) of the Act as it was originally enacted in 1951, contained an express ban against the same elector proposing more than one candidate for a single seat constituency. Section 33 (2) states: