LAL BAHADUR Vs. RAM ACHAL RAJBHAR

JUDGEMENT

(1.) Dr. Lal Bahadur, the General Secretary (Legal), U.P. Urdu Development Organization has filed this Election Petition under Sections 80, 81, 82, 83 and 84, Representation of People Act, 1951 (hereinafter referred to as 'the Act') praying for the election of Mr. Ram Achal Rajbhar being declared as void.

(2.) Briefly stated the petitioner's case is that he moved an application to Mr. R.P. Shukla, District Magistrate/District Election Officer for supply of a copy of an electoral roll before nominations for the 14th Legislative Assembly were invited by the Governor of Uttar Pradesh. The last date for filing the nomination was January 23, 2002. The Returning Officer handed over to him a nomination form in 'Hindi' and when the petitioner insisted for issuance of a nomination form in second official language revalent in Uttar Pradesh, namely, the 'Urdu', the Returning Officer declined to oblige by saying that the nomination form in 'Urdu' was not available. Being aggrieved of the Returning Officer's reply, the petitioner made a complaint to the District Election Officer on 22nd

(3.) January, 2002. It was with great difficulty that the petitioner succeeded in getting a complete set of nomination form, which was partly in 'Urdu' and partly in 'Hindi'. The petitioner then went to deposit Rs.5,000/- as required under the provision of Section 34 of Representation of People Act, 1951. The Branch Manager of the State Bank of India, Akberpur, however, asked for translation of the Challan Form from Urdu to Hindi. The District Election Officer on being approached by the petitioner advised him to submit the form in 'Hindi' particularly when he had the knowledge of the said language. The petitioner then contacted Dr. Noor Mohammad, Chief Electoral Officer, Uttar Pradesh but with no fruitful result.