ASHOK SHANKAR GHOLAP Vs. KRISHNARAO H DESHMUKH

JUDGEMENT

(1.) The petitioner in this election petition was a candidate for the election to the Maharashtra State Legislative Assembly from Barsi Constituency. The election was to be held in the month of Feb. 1978, The nominations were required to be filed by the candidates on or before 1-2-1978. Accordingly the Petitioner filed his nomination paper on 1-2-1978. Under Section 34(1)(b) of the Representation of the People Act, 1951, in the case of an election to the Legislative Assembly a candidate is required to deposit a sum of Rs. 250/-. However, if the candidate is a member of a Scheduled Caste or Scheduled Tribe, he is required to deposit a sum of Rs. 125/- only. The petitioner deposited the sum of Rs. 125/- on the ground that he belonged to a Scheduled Caste, namely Khatik community. When the nomination papers were scrutinised on 2-2-1978 the nomination of the petitioner was rejected by the Returning Officer, Barsi Constituency, who is the Respondent No. 2 herein, on the ground that the petitioner had not proved that he belonged to a Scheduled Caste and that as he had not deposited Rs. 250/- his nomination paper was bad, It is the petitioner's case that the people of Khatik community describe themselves as 'Hindu Dhangar' and that he had produced a Certificate dated 23-3-1968 signed by the Taluka Magistrate, Barsi in which the petitioner's caste was described as 'Hindu Dhangar'. According to the petitioner, on the basis of this Certificate his nomination paper should have been accepted by the Respondent No. 2. He has, therefore, filed the present election petition, inter alia, for a declaration that the election of the returned candidate the Respondent No. 1 is void and should be set aside.

(2.) In reply the Respondent No. 1 has, inter alia, raised certain preliminary issues, which by consent of the parties are being tried as preliminary issues. These issues relate to the presentation of petition as required under Section 81 of the Representation of the People Act, 1951. These issues are Issues Nos. 1 and 1-A, which are as follows : (1) Whether the petition is liable to be dismissed for non-compliance with provisions of Section 81(3) of the Representation of the People Act, 1951 as stated in Para 1 (a) of the written statement? (1-A) Whether the High Court Rules can confer on the Prothonotary and Senior Master or the Master and Assistant Prothonotary any power to permit the petitioner to correct or remove defects under Section 81(3) or Section 83 of the Representation of the People Act, 1951 beyond the period of limitation? The Respondent No. 1 had also raised two other preliminary issues being Issues Nos. 2 and 3 which are as follows: (2) Whether the petition is signed in the manner laid down in the Code of Civil Procedure? If not, whether the same is liable to be dismissed for non-compliance with the provisions of Section 83(1)(c) of the Representation of the People Act, 1951? (3) Whether the annexure to the petition is signed and verified in the manner laid down in the Code of Civil Procedure? If not, whether the petition is liable to be dismissed for non-compliance with Section 83 (2) of the Representation of the People Act, 1951? These two issues are however not pressed by the Respondent No. 1.

(3.) The last date for presenting an election petition in connection with the election in question was admittedly 13th Apr. 1978. The present petition was presented on 13-4-1978. There is an endorsement dated 14-4-1978 at the back of the petition made by the Master and Assistant Prothonotary, who is an Officer authorised under the Election Rules framed by this High Court for accepting election petitions. According to this endorsement the petition was not accompanied by four copies of the election petition. This objection appears to have been complied with on 14-4-1978, because there is an endorsement of the petitioner's Advocate to that effect on the back of the petition immediately after the endorsement of the Master and Assistant Prothonotary, Section 81, Sub-section (3) of the Representation of the People Act, 1951 is as follows: