SURESHCHANDRA BHANDARI Vs. COMMISSIONER ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The prayer in the petition is for quashment of nomination form of respondent No. 4, which has wrongly been accepted for election of Constituency No. 201, Dhar. Learned Counsel for the petitioner submits that in the Assembly Election, which is scheduled to be held on 25-11-2013, petitioner submitted nomination form. The respondent No. 4 also submitted nomination form. Along with nomination form, affidavit is required to be filed. The affidavit submitted by respondent No. 4 is having 24 blank columns, which have not been answered. It is submitted that as per circular issued by the Election Commissioner, if affidavit is filed having blank columns, then the form is required to be rejected. It is submitted that in a scrutiny the respondent No. 3 has accepted the form in spite of the objection raised by the petitioner. It is submitted that petition filed by the petitioner be allowed and candidature of respondent No. 4 be rejected.

(2.) Learned Counsel for the respondent Nos. 2 and 3 submit that since election is in process, therefore, the petitioner is not entitled for any relief from this Court. Reliance is placed on Article 329 of Constitution of India, which reads as under:--

(3.) The scrutiny of the nomination form has been conducted by the Returning Officer as per Section 36 of the Representation of People Act, 1951, which reads as under:--