SHEIK ABDUL REHMAN Vs. JAGAT RAM ARYAN

JUDGEMENT

(1.) This appeal is directed against a judgment of a Single Judge of the High Court of Jammu and Kashmir dismissing an election petition for setting aside the election of the respondent Jagat Ram Aryan to the legislative assembly of the State of Jammu Kashmir from the Bhaderwah scheduled caste assembly comstituency.

(2.) The last date for filing the nomination papers was January 20, 1967. The date of scrutiny of nomination papers was January 23, 1967. The date of poll was February 21, 1967. The date of counting and declaration of result was March 1, 1967. Several candidates filed their nomination papers from this constituency. The candidates were: (1) Jagat Ram Aryan, (2) Faquir Chand, (3) Narain Dass, (4) Nikka Ram, (5) Bhagat Ram, (6) Om Prakash and (7) Swami Raj. The first five filed their nomination papers on January 23, 1967 before the Assistant Returning Officer, Kahan Singh, a Tehsildar of Bhaderwah. On scrutiny of the nomination papers, the Returning Officer Abdul Gani accepted as valid the nomination papers of Jagat Ram and Faquir Chand and rejected the nomination papers of the remaining candidates for various reasons. At the poll the contest was between Jagat Ram, the Congress candidate and Faquir Chand, the National Conference candidate. Respondent Jagat Ram having secured larger number of votes was declared elected.

(3.) The appellant, a voter in the constituency, filed the election petition for setting aside the respondents election on the ground that the nomination papers of Narain Dass, Nikka Ram and Bhagat Ram were improperly rejected. The High Court found that the nomination payer of Bhagat Ram was properly rejected and this finding is no longer challenged.