MOTI SINGH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition seeking direction to the respondent Nos.1 to 3 to accept his candidature as an official and recognized candidate of the Indian National Congress (hereinafter referred as 'INC') and allot the recognized election symbol to contest the General Election of House of People from Indore ' 26 Constituency. Facts of the case in short are as under:

(2.) The Election Commission of India notified the General Election of House of People vide notification dtd. 16/3/2024 and issued an election program which is reproduced below: <FRM>JUDGEMENT_135_LAWS(MPH)4_2024_1.html</FRM>

(3.) The INC issued a form-A in favour of its State President on 21/3/2024 to issue a form-B in the names of an approved candidate as well as substitute candidate of INC. Shri Jitu Patwari, President M.P. National Congress Committee has issued a form-B in the name of respondent No.4 as an approved candidate and in the name of petitioner as substituted candidate. The respondent No.4 and petitioner both submitted their nomination form on or before 25/4/2024. On 20/6/2024 all the forms were scrutinized by respondent No.3. The respondent No.3 has rejected the nomination form of the petitioner on the ground, firstly, that the form of approved candidate has been accepted and 10 candidates have not signed as proposer his name. The petitioner did not object to the aforesaid rejection of his candidature.