(1.) This election petition has been filed by one of the candidates to the election held on 21st February 2002 for the membership of the U.P. Legislative Assembly.
(2.) The respondent is the returned candidate and his election has been challenged on the ground of wrong rejection of the nomination of a third prospective candidate namely, Sita Ram.
(3.) The ground is covered by Section 100(1)(c) of the Representation of the People Act, 1951. For ready reference the relevant part of the siaid provision is reproduced below: 100. Grounds for declaring election to be void.- (I) Subject to the provision of Sub-section (2) if the High Court is of opinion ( a) ... (b) ... (c)...that any nomination has been improperly rejected; or... the High Court shall declare the election of the returned candidate to be void."