PATEL ATULKUMAR KARSANBHAI Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed following main reliefs.

(2.) IT is the case on behalf of the petitioner that the petitioner filled in the nomination form to contest the election of 03 -Patan Parliamentary Constituency and Collector, Patan on 07.04.2014 in the prescribed form with the proposal of ten persons. It is the case on behalf of the petitioner that one Vishnubhai Mohanbhai Patel was shown as proposer No. 3. That there was a typographical error in mentioning serial number of said Vishnubhai Mohanbhai Patel in the voters list and part number in the voters' list. That the scrutiny of the nomination papers/forms was held and conducted by respondent No. 3 at 11.00 a.m. on 10.04.2014. However, at the time of scrutiny the petitioner could not remain present as while coming to the office of respondent No. 3, he and his proposers saw an accident in which some persons came to be injured and they were required to be taken to hospital and in fact they were taken to the hospital by petitioner and his proposers. It is case on behalf of the petitioner that thereafter, he came to know that his nomination form has been rejected by respondent No. 3 on the ground that out of ten proposers with respect to one proposer i.e. at Sr. No. 3 Vishnubhai Mohanbhai Patel number in the voters list as well as part number do not tally and there is a mismatch. It is the case on behalf of the petitioner that thereafter immediately at 2.05 p.m., he represented to respondent No. 3 and requested not to cancel his nomination form. However, nothing has been done and his form has been rejected by the Returning Officer and, therefore, the petitioner has preferred the present petition praying the aforesaid reliefs.

(3.) THE petition is opposed by Mr. Kavina, learned counsel appearing with Mr. Biren A. Vaishnav, learned advocate appearing on behalf of the respondents. An affidavit -in -reply and further affidavit -in -reply has been filed on behalf of the respondents.