CHANDRA NARAIN TRIPATHI Vs. KAPIL MUNI KARWARIYA

JUDGEMENT

(1.) This election petition under Sections 80, 80-A and 81 of the Representation of People Act, 1951 (hereinafter referred to as the "Act, 1951") has come up at the instance of one of the candidates, Chandra Narayan Tripathi, who is aggrieved by order dated 06.04.2009, whereby the Returning Officer (hereinafter referred to as the "RO") has rejected his nomination, as a result whereof Sri Chandra Narayan Tripathi, the election-petitioner (hereinafter referred to as the "petitioner") could not contest election of 51-Phulpur Parliamentary Constituency of District Allahabad (hereinafter referred to as the "51-PPC") wherein the respondent-Kapil Muni Karwariya, ultimately returned elected. The petitioner, therefore, has assailed declaration of respondent as elected member of Parliament from 51-PPC and has sought above election to be declared null and void.

(2.) The case set up by petitioner in the election petition, in brief, is as under.

(3.) The Election Commission of India (hereinafter referred to as the "ECI") vide notification dated 02.03.2009, issued under Section 14 of Act, 1951, called upon the Parliamentary Constituencies of India to elect their members so as to constitute 15th Lok Sabha. The election was to be held in five phases, as under: <FRM>JUDGEMENT_288_LAWS(ALL)12_2013.html</FRM>