D K THARADEVI SIDDHARTHA Vs. ELECTORAL REGISTRATION OFFICER

JUDGEMENT

(1.) THE Election Commission of India by a notification dated 7. 3. 2002 notified elections to the rajya Sabha from the Council of States including the State of Karnataka where four seats were required to be filled up. As per the calender of events the last date for filing the nomination was 14. 3. 2002, scrutiny of the nomination 15. 3. 2002, last date for withdrawal 18. 3. 2002 and the polls to be held if necessary, on 27. 3. 2002.

(2.) THE writ petitioner herein as a candidate from the Bharatiya Janatha Party and the 3rd respondent as an Independent Candidate, filed their nominations. When the nomination papers were taken up for scrutiny, writ petitioner objected for acceptance of the nomination of 3rd respondent on the ground that he is not an 'ordinary resident' of the constituency. The Returning officer overruled the objection. Subsequently elections were held on 27. 3. 2002 and the 3rd respondent was declared elected. The petitioner has challenged the election of the 3rd respondent by filing an Election Petition EP 2/2002 before this Court.

(3.) MEANWHILE, petitioner filed an application dated 17. 3. 2002 -Annexure M before the Electoral registration Officer (hereinafter referred to as the ERO), Shanthinagar Assembly Constituency complaining "the respondent 3 is a non-resident Indian and he will be out of India for more than six months in a year. He got himself registered as an elector in the Shanthinagar Assembly constituency by making a false declaration. Hence, he should be prosecuted under Section 31 of the Representation of Peoples Act, 1950 (hereinafter referred to as RP Act, 1950) for registering as an elector by making false declaration. This was followed up by a further complaint on 6. 5. 2002 vide Annexure N wherein the petitioner quoting certain circulars issued by the Election commission of India, requested the ERO for taking action under Section 22 of the RP Act, 1950.