BRUNDABAN Vs. JAGATESWAR

JUDGEMENT

(1.) Kuchinda Assembly Constituency is a single-member reserved Constituency for the Orissa State Legislative Assembly (in short 'the Assembly'). During the general elections to the Assembly held in the month of Mar.1985, the petitioner filed four nomination papers for being elected from this Constituency. The respondent and two others also filed their respective nomination papers. At the time of scrutiny on 9-3-1985, the Returning Officer rejected the nomination papers of the petitioner on the ground that the petitioner was not qualified under Art.173(a) of the Constitution to be chosen to fill up a seat in the State Legislature since he did not take oath after filing of the nomination papers. The nomination papers of the two other candidates having been rejected on scrutiny, the respondent was declared elected uncontested. Petitioner has filed this petition to declare the election of the respondent void under S.100(1)(c) of the Representation of the People Act, 1951 (in short 'the Act')on the ground of improper rejection of his nomination papers.

(2.) The simple case of the petitioner is that he made the oath before the Assistant Returning Officer at the time of filing of the nomination papers. The respondent resisted the petition both on facts and law.

(3.) On the pleadings, the following issues were framed :-