AKLU RAM MAHTO Vs. RAJENDRA MAHTO

JUDGEMENT

(1.) These appeals have been filed under Section 116A of the Representation of the People Act, 1951. In January 1995 the Election Commission of India issued a notification for election, inter alia, to the Legislative Assembly of the State of Bihar. The last date for filing nomination papers for Bokaro Assembly Constituency No. 279 was 23-1-1995. The appellant and the respondents in the two appeals filed their nomination papers from the Bokaro Assembly Constituency. Scrutiny of nomination papers took place on 24-1-1995. The nomination of the respondents in the two appeals were rejected on the ground that the respondents Rajendra Mahto and Ashok Kumar Srivastava were Managing agents of Bokaro Steel Plant belonging to the Steel Authority of India Ltd. Hence they were disqualified under Section 10 of the Representation of the People Act, 1951.

(2.) At the election, the appellant was elected from the Bokaro Assembly Constituency. The two respondents filed separate election petitions challenging the election of the appellant on the ground that their nomination papers were improperly rejected. They have succeeded in the election petitions before the High Court. The High Court has set aside the election of the appellant on the ground that the nomination papers of the two respondents were wrongly rejected. The appellant has filed the present appeals from the decision of the High Court in the two election petitions.

(3.) The respondent-Rajendra Mahto (in Civil Appeal No. 7538 of 1997) was working as a Khalashi in the Bokaro Steel Plant of the Steel Authority of India Ltd. at the material time. This is a Level-III post in the said plant. The respondent-Ashok Kumar Srivastava (in Civil Appeal No. 7644 of 1997) was working as a Meter Reader in the Bokaro Steel Plant of the Steel Authority of India Ltd. This is Level VII post. The Steel Authority of India Ltd. is a company in which the entire share holding is held by the Union Government. Section 10 of the Representation of the People Act, 1951 provides as follows:-