RAJESH KUMAR Vs. DEVENDRA SINGH

JUDGEMENT

(1.) IN this petition, election of the returned candidate viz. the respondent to the M. P. Legislative Assembly Constituency No. 143, Silwani has been called in question on the ground of improper rejection of the nomination paper, as contemplated in clause (c) of sub -section (1) of section 100 of the Representation of the People Act, 1951 (for short 'the Act'). The petitioner has sought declarations to the effect that (a) the order dated 8 -12 -2008 passed by the Assistant Returning Officer was illegal and (b) election of the respondent to the Constituency is void.

(2.) THE corresponding calendar was notified as under - <IMG>JUDGEMENT_640_MPLJ3_2013.jpg</IMG>

(3.) ACCORDING to the petitioner, rejection of the nomination paper was wholly arbitrary, illegal and against the relevant provisions of the Act, as contained in sections 33(4), 33(5), 36(2)(b), 36(4) and 39(2)(c) thereof. In support of the assertion, he has further pleaded that -