RAJESH KUSHWAH Vs. SANT RAM

JUDGEMENT

(1.) This Election Petition under Sections 80, 80-A, 81 and 82 of the Representation of the People Act, 1951 (referred to as '1951') has been filed by the petitioner/Rajesh Kushwah for the following reliefs:

(2.) The Legislative Assembly Elections of the State of Uttar Pradesh were notified to be held in February, 2012. With respect to Constituency No. 219, Madhaugarh, District Jalaun, the election programme was notified as under: Last date of nomination ... 04.02.2012Date of scrutiny of no- mination papers ... 06.02.2012 Date for withdrawal of candidature ... 08.02.2012 Date for poll ... 23.02.2012 Date for counting of votes ... 06.03.2012 Date of declaration of result ... 06.03.2012

(3.) The petitioner filed his nomination as an Independent candidate for the aforesaid Constituency on 4.2.2012. The sole respondent also filed his nomination as a candidate from the Bahujan Samaj Party (BSP) with election symbol 'elephant'. It would be relevant to note that the petitioner was not a registered voter of Constituency No. 219, but was a registered voter of Constituency No. 220. Along with nomination papers, if an elector of a different Constituency applies for nomination, then he is required to annex a copy of the Electoral Roll as required under Section 33 (5) of the 1951 Act. The said section is reproduced below as substantial controversy involved in this petition depends upon the interpretation of the said section: