JYOTI BHUSHAN Vs. BODH RAM MURITRAM

JUDGEMENT

(1.) THE petitioner by this petition calls into question the election of the respondent to the Legislative Assembly of Madhya Pradesh from the Katghora Assembly Constituency.

(2.) THE petitioner was a rival candidate who lost in the election. The election is solely challenged on the ground that the nomination of one Lal Kisan Paswan, another candidate, was wrongly rejected. The nomination of Paswan was proposed by one Gulal Mukardam. The Returning Officer rejected the nominati6n on the ground that the name of the constituency in which the proposer was entered as a votor was not mentioned in the nomination paper and, therefore, it was not possible to know whether the proposer was entered as a votor in the Katghora constituency. The petitioner alleges that Gulal Mukardam was a voter whose name was entered at S. No. 165 in Part 154 of the Electoral Roll for the Katghora constituency and that as the serial number and the part of the electoral roll were mentioned in the nomination paper, the Returning Officer could have easily ascertained that the propose was entered as a votor in the constituency. The petitioner contends that omission to mention the name of the constituency as a particular of the electoral roll number of the proposer was not a defect of substantial character and the returning Officer was wrong in rejecting the nomination.

(3.) THE respondent denies that Gulal Mukardam was a votor and submits that the rejection of the nomination was proper on the ground on which it was made by the Returning Officer. He also supports the rejection of the nomination on an additional ground that Paswan had not deposited Rs. 250 as security under section 34 of the Representation of the People Act, 1951, but had only deposited a sum of Rs. 1 on a declaration that he is a member of a Tribe called as Dusadh which is a Scheduled Tribe for Patna District in the State of bihar. The respondent alleges that Lalkisan Paswan, a resident of Madhya pradesh, cannot for an election in the State of Madhya Pradesh claim to be a member of a Scheduled Tribe or Caste of Dusadh which is not a Scheduled caste or Tribe for Madhya Pradesh.