RAJNESH JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dtd. 31/10/2023 (wrongly mentioned in the petition 31/10/2022) passed by the Returning Officer whereby the nomination of the petitioner for contesting the election for the post of Member of legislative assembly in the Vidhan Sabha No.01, Indore, Madhya Pradesh has been rejected.

(2.) The petitioner was a candidate to contest the election for the post of Member of legislative assembly from Vidhan Sabha No.01, Indore on behalf of Samajwadi Party. His nomination form has been rejected by the returning officer in reference to the instructions contained in Clause 5 of Chapter No.6 of Election Instructions Book 2023 on the ground that the nomination of the petitioner was not signed by 10 proposers.

(3.) Counsel for petitioner submits that the petitioner was a candidate of a political party, and, therefore, as per Part II of the nomination form he was not required to get signed the form by 10 proposers.