JASPAL SINGH Vs. O P BABBAR

JUDGEMENT

(1.) JASPAL Singh was a contesting candidate for the election to the Delhi legislative Assembly held in December 2003. He contested from Tilak nagar Assembly Constituency (AC-14 ). Sudarshan Khatri claims to be a voter in the said Assembly Constituency. One S. Ranjit Singh son of late gopal Singh R/o 20b/78a, Tilak Nagar, New Delhi had filed a nomination paper to contest the ensuing elections from said Assembly Constituency. Vide order dated 15. 11. 2003 the returning officer rejected the nomination paper filed by S. Ranjit Singh by passing the following order:-

(2.) NO evidence has been recorded in the election petitions for the reason learned counsel for the parties conceded that the issue may be decided treating that order dated 15. 11. 2003 as noted hereinabove was indeed passed by the returning officer as also that the affidavit filed by S. Ranjit singh did not comply with the requirement of para 2 of the affidavit prescribed as per Form No. 26 prescribed under Rule 4 A of the Conduct of elections Rules 1961. Learned counsel for the parties jointly submitted that the issue may be decided with reference to Section 100 (l) (c) of the R. P. Act 1951 as per which the election of a returned candidate is liable to be declared void on account of an improper rejection of a nomination paper filed by a person desirous of contesting the election.

(3.) THE controversy between the parties needs to be adjudicated with reference to the provisions of Section 33, 33a and Section 36 of the R. P. Act 1951 read with Rule 4a of the Conduct of Elections Rules 1961 and Form 26 prescribed under the Rules pursuant to Rule 4a aforesaid.