SAROJ Vs. DELHI STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the order dated 05.04.2017 passed by the Returning Officer/Scrutinising Officer (referred to as the RO/SO) for Ward No.0001E, 0002E, 0003E and 0004E of the East Delhi Municipal Corporation (EDMC). By the impugned order, the RO/SO has rejected the nomination paper filed by the petitioner offering her candidature as a candidate for election as a municipal councillor in Ward No.3E of the EDMC.

(2.) The petitioner states that she is a lady, social worker and a politician. Being desirous of contesting the upcoming municipal elections, the petitioner was set up as a candidate by the Bhartiya Janta Party from Ward No.3E, Trilokpuri (West) of EDMC, which is reserved for women only belonging to the scheduled caste. On 03.04.2017, the petitioner filed her nomination paper with the requisite documents. Her nomination paper was scrutinised by respondent no.2/RO/SO on 05.04.2017. On the same day, by the impugned order, her nomination has been rejected. The impugned order, insofar as it is relevant, reads as follows:

(3.) The submission of learned senior counsel for the petitioner is that the impugned order suffers from complete non application of mind and is arbitrary. It has been passed in violation of the Delhi Municipal Corporation (Election of Councillor) Rules 2012 (the Rules). The petitioner submits that a perusal of the nomination paper - copy whereof has been placed on record, would show that the petitioner filed along with the nomination paper, her photographs which evidence the fact that she is a woman. Moreover, the petitioner had also declared the name of her 'husband' as Sher Singh. The petitioner also seeks to place reliance on the affidavit filed by the petitioner in Form No.21 in compliance of Rule 18(2) of the Rules. In the said affidavit, the petitioner had inter alia, stated "I, Saroj, wife of Sher Singh, aged about 32 years ... ... solemnly affirm/ state on oath as under:" (emphasis supplied) . It is also pointed out that along with the nomination paper, the petitioner had submitted her voter ID card and her caste certificate, which also clearly evidence the fact that she is a woman belonging to SC category.