RAVINDER NEGI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) With the consent of the counsel for the parties, the present Letters Patent Appeal, which impugns order dated 8th April, 2017, dismissing W.P. (C) No.3059/2017, Ravinder Negi Vs. State Election Commission and Anr. has been heard for disposal and final decision.

(2.) The appellant Ravinder Negi on 3rd April, 2017 had filed his nomination paper as a candidate for election from Ward No.10E, Vinod Nagar in the East Delhi Municipal Corporation. The nomination papers received by the Assistant Returning Officer were entered at Sr. No.26 at 3.40 p.m. on 3rd April, 2017 and endorsement / receipt was issued.

(3.) The nomination papers on scrutiny by the Scrutinizing Officer/Returning Officer, Ward No.10E were rejected vide order dated 5th April, 2017 for want of signatures of the candidate, the appellant, on the nomination paper Form 02 i.e. the statutory form under Rule 17 of the Delhi Municipal Corporation (Election of Councillor) Rules, 2012 (Rules, for short). This order records that since declaration relating to age, gender and whether the candidate had been set up by a recognised political party had not been signed, the nomination paper was invalid and rejected. The contention that the Assistant Returning Officer should have got Form No.2 signed, was repelled as frivolous and unmerited as there was no such provision in the Rules or Delhi Municipal Corporation Act, 1957 (DMC Act, for short).