SURESHCHANDRA BHANDARI Vs. NEENA VIKRAM VERMA & ORS

JUDGEMENT

(1.) This Election Petition is filed under Section 81 read with Sections 80, 80-A and 100(1)(d)(i)(iv) of the Representation of the Peoples Act, 1951 (hereinafter referred to as "the RP Act") challenging the election of respondent No.1 for Madhya Pradesh Legislative Assembly held in November 2013.

(2.) It is not in dispute that the Election Commission of India and Governor of Madhya Pradesh issued a notification dated 01.11.2013 and released the schedule of Vidhan Sabha Election to be held in the month of November, 2013. According to the schedule, a date 09.11.2013 was fixed for scrutiny of nomination papers and on that day at 10:00 a.m. in the morning, the Election Officer started scrutiny of nominations. It is also not disputed that the petitioner is a voter and resident of Constituency No.201, Dhar (General) of Madhya Pradesh Vidhan Sabha and his name appears at Sr. No.464 in the voter list. It is also not in dispute that respondent No.1 namely Neena Vikram Verma was a candidate of Bhartiya Janta Party and contested an election and was declared as the Return Candidate.

(3.) According to the petitioner, in compliance of directions issued by Hon'ble Apex Court in case of Resurgence India vs. Election Commission of India, 2014 AIR(SC) 344 dated 13.09.2013, directions were issued vide letter bearing No.576/3/2013 SDR dated 30.09.2013. According to the directions issued, it was specifically mentioned that all the columns of affidavit should be filled and no column should be left blank, however, in the affidavit submitted by respondent No.1, 24 columns were left blank and such an affidavit should not have been accepted by the Election Officer and, as such, her affidavit was wrongly accepted. The Election Officer wrote a letter on 18.11.2013 to the Observer of the Election, bearing No.5064 in which he admitted that respondent No.1 left many columns blank and according to the petitioner, by accepting such nomination papers, the election officer acted in a partisan manner and he did not follow the directions and instructions issued by Election Commission of India.