DILIP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner for directing respondent No.4 to restore his nomination form as a "Valid Form" and to allow him to contest the election or to direct the respondents to frame a fresh election program for Lok Sabha Election for Indore Constituency. Relief has also been sought for directing an enquiry against the entire episode occurred on 29/4/2024 wherein the nomination form of candidates contesting for Lok Sabha Election for Indore Constituency have been withdrawn in an unlawful manner.

(2.) The facts of the case are that the Election Commission of India notified the General Elections for House of People vide notification dtd. 16/3/2024 and issued the election program which included District Indore. The last date of filing the nomination form was 25/4/2024. They were to be scrutinized on 26/4/2024 and last date of withdrawal of candidature was 29/4/2024. The petitioner had also submitted his nomination form on 25/4/2024 before respondent No.4 for contesting the election as an independent candidate. As per the petitioner, on 29/4/2024 without giving any information and without his knowledge, his nomination form has been withdrawn by some unknown person by making his forged signatures. It is contended that under Sec. 37 of the Representation of People Act, 1951 it was obligatory duty of Returning Officer to ensure genuineness of notice of withdrawal but respondent No.4 acted in an arbitrary manner and without permission or consent of the petitioner has allowed his nomination form to be withdrawn.

(3.) The contention of the petitioner is that his nomination form has been withdrawn by unknown and unauthorized persons and under political pressure and influence of political leaders of ruling party. Respondent No.4 did not ensure genuineness of the withdrawal and allowed some unauthorized person to withdraw the nomination form of the petitioner who was not even present before him.