JASWANT SINGH Vs. CHEF ELECTION COMMISSION

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the order dated 8. 11. 2008 passed by the Returning Officer, Vidhan sabha Constituency No. 143 Silvani District, Raisen rejecting the nomination papers of the petitioner for State Assembly election.

(2.) THE facts in narrow compass are that as per the schedule notified by Election commission of India for election of the member of the State Legislative Assembly in the State of Madhya Pradesh, the last date of filing nomination papers was 7. 11. 2008. It is stated in the writ petition that the petitioner was declared as an authorized candidate by Indian National Congress Party for contesting election from Silvani No. 143 Constituency in the District Raisen. The petitioner had filed nomination papers on 3. 11. 2008 giving a declaration in the prescribed form that he was an authorized candidate of Indian National Congress i. e. a Recognized national Political Party. The petitioner being the authorized candidate of Indian national Congress Party was required to submit Form A and Form B in terms of the provisions of Election Symbols (Reservation and Allotment) Order 1968.

(3.) IT is not in dispute that the petitioner had not submitted Forms A and B along with the nomination papers or till the last date of filing nomination. The Forms A and B were stated to be submitted by the petitioner before the Returning Officer at 11:05 a. m. on 8. 11. 2008. The Returning Officer at the time of scrutiny rejected the petitioner's nomination papers by the impugned order dated 8. 11. 2008 on the ground that the last date for submitted Forms A and B and of nomination papers was 7. 11. 2008 upto 3 O' clock whereas the petitioner submitted the Forms A and B on 8. 11. 2008 at 11:05 O' clock contrary to the directions contained in the handbook of Returning Officer and the Election Symbols (Reservation and Allotment) Order, ,1968. Aggrieved with the rejection of the nomination papers, the petitioner has approached this court by way of the present writ petition under Article 226 of the Constitution.