ALTAF HUSSAIN Vs. HAMID HUSSAIN

JUDGEMENT

(1.) The petitioner has challenged the electtion of Member of Legislative Assembly, Haryana held in the segment defined as 58-Nuh Assembly Constituency in the general elections of Haryana Vidhan Sabha held for electing 90 members. The election was declared to be held vide notification issued by the Election Commission of India.

(2.) The nomination papers were to be filed by 3/02/2000. The scrutiny thereof was fixed for 4/02/2000 and that the date of withdrawal on or before 7/02/2000. The poll was to take place on 22/02/2000 and that the result was to be declared on 25/02/2000.

(3.) The petitioner contested the election from the aforesaid assembly constituency and in pursuant thereto filed nomination paper along with security money of Rs. 5000.00. The nomination paper was to be submitted to the Returning Officer, Nuh, on the date so fixed. It is averred by the petitioner that he had filed his nomination papers as a candidate of Rashtriya Lok Dal by assuming that the said party is a recognised and a registered party. Upon scrutiny, the Returning Officer disclosed to the petitioner that the Rashtriya Lok Dal is not a recognised and a registered party, as such, the name of the petitioner as an independent candidate was required to be proposed by ten proposers. The objection was raised but on account of non-compliance of the same, the nomination paper was rejected on 4/02/2000. It is alleged that he had asked for time of one day to remove the objection. But, no extension was granted nor the copy of the order vide which the nomination paper was rejected, was supplied to the petitioner, despite the fact that he waited on 4/02/2000 for receiving the copy of the order.