SANJU BALA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Vide the present LPA No.267/2017 under Sec. 10 of the Delhi High Court Act, 1966, the appellant assails the order dated 08.04.2017 of the learned Single Judge in W.P.(C) No.3064/2017 whereby the appellant herein as petitioner thereof had challenged the order dated 05.04.2017 of the Returning Officer, Ward No.24-S (Bapraula) (arrayed as the respondent No.2 to the present appeal), whereby the nomination form of the petitioner to contest the MCD Election, 2017 from Ward No.24-S, Bapraula has been rejected.

(2.) On the date when the appeal was first taken up for hearing itself, the attention of Mr. Manoj Ohri, the learned Senior Counsel appearing for the appellant was drawn to the decision of the Supreme Court in N.Ponnuswami Vs. Returning Officer, Namakkal Constitueny, Namakkal, 1952 SCR 218.

(3.) The submissions made through the present appeal and in W.P.(C) No.3064/2017 were to the effect that the candidature of the appellant herein had been rejected erroneously on the ground that the proposer of the appellant herein Ms.Shashi Prabha shown as elector in Part 57, Serial No.30 of Assembly Constituency No.31 (Vikas Puri) was not an elector for Ward No.24-S (Bapraula) wherefrom the appellant herein had filed her nomination. It was submitted on behalf of the appellant that there was an error in enrolling the proposer Ms.Shashi Prabha as an elector of Part No.57, Serial No.30 of Assembly Constituency No.31 (Vikas Puri) and that in fact she should have been elector of Ward No.24-S, Bapraula. It was also submitted that the proposer's daughter Deepika shared the same residential address.