N.KANAGASABAI Vs. SECRETARY MINISTRY OF LAW

JUDGEMENT

(1.) Instant writ petition has been filed for a Declaration, declaring Proviso to Section 33 of the Representation of the People Act 1951 (43 of 1951) as amended in 2014 as illegal, ultra vires and unconstitutional, since it violates Article 14 of the Constitution of India.

(2.) It is the case of the petitioner that he obtained a nomination form issued by the District Election Officer, 28 Mayiladuthurai Parliamentary Constituency, Nagapattinam, 2nd Respondent herein and submitted the same on 25.03.2019. Nomination form issued by the election commission contains some of the rules framed under the Representation of the People Act, 1951, are arbitrary, discriminatory and illegal. Contents in the form issued by the 2nd Respondent are arbitrary, because it requires only one proposer for nomination for a candidate, sponsored by a political party. Whereas, it requires 10 proposers for an independent candidate.

(3.) According to the petitioner, all the candidates should be treated equally under Article 14 of the Constitution of India and that there should be equality before law. Therefore, the requirement of Proposer should be equal for all the candidates who wanted to contest the election. While his nomination was taken for scrutiny, since he is an Independent Candidate and he was proposed 9 Voters of constituency, his nomination was rejected by the 2nd Respondent on 27.03.2019. When he approached the 2nd Respondent to give him the rejection order of his nomination at 10.00 "?o"? clock on 29.03.2019, the Officials drove him from one officer to another officer till 6.00 "?o"? Clock in the evening and finally the 2nd Respondent refused to give the rejection order to him. Thus, he was put to serious hardship and inconvenience in view of the arbitrary and improper rejection order of the 2nd Respondent. In the circumstances, he filed the present writ petition, on the following grounds: