JASWANT SINGH Vs. CHIEF ELECTION COMMISSION

JUDGEMENT

(1.) THE appellant, a sexagenarian, being dissatisfied with and aggrieved by order dated 12-11-08 passed by the learned single Judge in W. P. No. 13698/08 has preferred this appeal under section 2 (1) of the Madhya Pradesh Uchcha nyayalaya (Khand Nyaypeeth Ko) Appeal adhiniyam, 2005.

(2.) THE expose of facts which are imperative to be adumbrated are that the appellant being aspirant for contesting the Assembly elections scheduled to be held on 27-11-08 filed his nomination papers from constituency No. 143, Silvan in the district, Raisen. The nomination papers were submitted on 3-11-2008, as pleaded, with the requisite declaration. The Returning officer scrutinised the nomination papers and found that the appellant had submitted forms 'a' and 'b' in contravention of the requirements contained in the Handbook of the Returning Officer in terms of the provisions of the Election Symbols (Reservation and Allotment) Order 1968 (for short '1968 order' ).

(3.) BEING grieved with the aforesaid rejection, the appellant invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India contending, inter alia, that the defect that has been taken note of by the Returning Officer is not substantial in nature as per Rule 4 of the Conduct of Election Rules as well as the postulates laid down in Section 36 (4) of the representation of Peoples Act, 1951 (for brevity 'the 1951 Act') and, therefore, the same warranted interference by this Court to demolish injustice at the threshold. It was also contended that the defects that were found by the Returning Officer had already been rectified prior to scrutiny and, therefore, it was absolutely erroneous on the part of the Returning Officer to reject the nomination forms submitted by the appellant. It was propounded that by such illegal and unsound rejection, the concept of fair election is affected and in a democratic body polity fair election is a must.