NARAYAN DAS INKLAB GANDHI Vs. SHAKRAJIT NAYAK

JUDGEMENT

(1.) I.A. No. 3

(2.) The facts, in nutshell, for disposal of the application (I.A. No. 3), are that the election Petitioner - Narayan Das Inklab Gandhi (for short "the election Petitioner ") filed the instant election petition under Section 80/80-A read with Sections 100 & 101 of the RP Act, 1951 on 22-1-2009 seeking declaration that the election of the Respondent No. 1 - Shakrajit Nayak (for short "the returned candidate ") from 16 Raigarh constituency, District Raigarh for the Chhattisgarh Legislative Assembly Election 2008 to be held as illegal & void and further to declare the election Petitioner as duly elected from the same constituency on the grounds that nomination papers filed by the Respondents were not in accordance with the prescribed from i.e. Form 2-B as prescribed under Rule 4 of the Conduct of Election Rules, 1961 (for short "the Rules, 1961"), on that ground that the nomination forms of the Respondents were wrongly accepted and consequent thereupon the election results be declared as void & illegal.

(3.) The nomination papers of the candidates for election to the Chhattisgarh Legislative Assembly Election 2008 were filed between 27-10-2008 and 3-11-2008 pursuant to notification dated 14-10-2008. The election Petitioner has filed his nomination as an independent candidate on 27-10-2008. Thereafter, polling took place on 20-11 -2008 and the result of the election was declared after counting of votes on 8-12-2008.