SHITLA PRASAD SONKAR Vs. ARUN KUMAR NEHRU

JUDGEMENT

(1.) By this election petition filed under the Representation of the People Act, 1951 (hereinafter referred to as the Act), the petitioner has challenged the election of respondent No. 1 as Member of the Lok Sabha from 23-Rae Bareli Parliamentary Constituency, on the grounds, inter alia, that his (petitioner's) nomination paper had been wrongly rejected by the Returning Officer and that, in any case, the poll should have been counter-manded on account of the assassination of one of the contesting candidates, namely, Sri Har Swaroop Vajpai, who was murdered in the evening of 23-12-84.

(2.) The election programme, as set out in para 2 of the petition was as follows :- Last date of filing nomination paper 27-11-84 Date of scrutiny of nomination paper 28-11-84 Date of Withdrawal of candidature 29-11-84 Date of poll if necessary 24-12-84 Date of counting of votes 28-12-84.

(3.) The petitioner being an elector from 109-Rae Bareli Assembly Segment of the aforesaid Lok Sabha Constituency, filed his nomination paper before the Returning Officer. What happened thereafter and how was his nomination paper dealt with by the Returning Officer has been stated by him in para 5 of the election petition which is quoted below :-