HARI SHANKER JIJAURIYA Vs. SRI PRADEEP JAIN

JUDGEMENT

(1.) RESPONDENT no.1 Sri Pradeep Jain and election petitioner Harishanker Jijauriya (hereinafter referred to as the 'petitioner") sought to contest parliamentary election 2009 from 46th Jhansi Parliamentary Constituency. Nomination form of the petitioner was rejected by R.O., vide order dated 11.04.2009 and as a result thereof, the petitioner could not contest the election, polling whereof took place on 30.04.2009 and result was declared on 16.05.2009, wherein respondent no.1 returned as elected candidate.

(2.) IT is this election of respondent no.1, as Member of Parliament, from 46th Jhansi Parliamentary Constituency, which has been challenged in the present election on the ground that nomination of petitioner was illegally and invalidly rejected by R.O. as a result whereof, the petitioner could not contest the election and, hence, election of respondent no.1 is illegal, being in the teeth of Section 80-A read with Section 100(1)(c) of the Representation of the People Act, 1951 (hereinafter referred to as "Act 1951").

(3.) ELECTION Commission of India (hereinafter referred to as "E.C.I.") notified parliamentary election for 46th Jhansi Parliamentary Constituency on 2.4.2009, on which date, election notice was also issued by Returning Officer (hereinafter referred to as "R.O."), declaring election programme as under: First date of nomination 02.04.2009 Last date of nomination 09.04.2009 Scrutiny of nomination 11.04.2009 Withdrawal of nomination 13.04.2009 Date of poll 30.04.2009 Counting of votes 16.05.2009 Declaration of result 16.05.2009