NANDITA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed praying for quashing of the order dated 30.3.2018 (Annexue - 1 to the petition) passed by the Election Officer (respondent No. 3) whereby the nomination of the petitioner for election of Members of the Committee of Management of Thok Kendriya Upbhokta Sahkari Bhandar Ltd. from Constituency No. 7, namely, Haidergarh-Fatehpur-Ram Nagar, has been rejected. A perusal of the impugned order indicates that the nomination has been rejected for the reason that the nomination papers did not contain the name of the Seconder nor did it bear the signature of the Seconder.

(2.) The Chief Election Commissioner notified the election schedule vide order dated 16.1.2018 (Annexure - 3 to the petition) for electing the members of the Committee of Management of Thok Kendriya Upbhokta Sahkari Bhandar Limited. According to the election schedule, the provisional electoral roll was to be published on 23.3.2018. Objections to the electoral roll could be filed till 26.3.2018. Thereafter, 27.3.2018 was fixed for disposal of the objections on the electoral roll and on the same day, the final electoral roll was to be published. 28.3.2018 was fixed for filing of nomination papers. Scrutiny was to be carried out on 30.3.2018 and the list of valid nominations was to be published on the same day. The candidates were free to withdraw their nomination till 31.3.2018 and on the same day final list of valid nominations was to be published. If required, the polling was scheduled for 4.4.2018 and the counting and declaration of result was also to be done on the same day.

(3.) In the Constituency No. 7, namely, Haidergarh-Fatehpur-Ram Nagar, the electoral roll for electing representative consisted of two members, namely, Sri. Ashish Kumar Maurya and Smt. Nandita Singh (petitioner). A photocopy of the voter list issued by the Election Officer has been filed as Annexure - 2 to the petition. The said Constituency was a reserved Constituency for Other Backward Classes (OBC). The petitioner claims herself to be belonging to OBC and accordingly filed her nomination papers and the other member Sri. Ashish Kumar Singh signed the nomination papers as Proposer. By the impugned order dated 30.3.2018, the nomination paper has been rejected for the reason that neither the name of the Seconder was disclosed nor the nomination papers contain the signature of the Seconder.