KRISHNA MOHINI Vs. MOHINDER NATH SOFAT

JUDGEMENT

(1.) THIS is an appeal under Section 116A of the Representation of the People Act, 1951 preferred by a candidate, who, though successful at the polls, has lost in the election petition before the High Court. For the sake of convenience, the parties shall be referred to as they were arrayed in the election petition filed before the High Court.

(2.) MOHINDER Nath Sofat, the defeated candidate, filed an election petition putting in issue the election of Smt. Krishna Mohini, the returned candidate, alleging improper rejection of the nomination papers of Sarveshri Pritam Chand and Mohan Singh and also that the result of election insofar as it concerns the returned candidate having been materially affected by the improper acceptance of nomination paper of Jagdish Chander Bhardwaj. The two grounds were covered by Section 100(1)(c) and Section 100(1)(d)(i) of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act', for short). Both the pleas have prevailed with the learned Designated Election Judge of the High Court of Punjab and Haryana. The election petition has been allowed and the election of the returned candidate set aside.

(3.) ONE Mohan Singh son of Shiv Ram had filed his nomination (Ex.P.W. 1/R) as a candidate of Himachal Vikas Congress (a registered unrecognised political party). His nomination was also rejected by the Returning Officer by an order passed as under :-