RATTAN SINGH Vs. THE DEPUTY COMMISSIONER AND ANR.

JUDGEMENT

(1.) THIS is a petition by one Rattan Singh under Article 226 of the Constitution and is directed against the rejection of his nomination paper in connection with election to the Primary Members of the Samiti of Block Rai, tehsil Sone -pat, district Rohtak. The nomination paper was rejected on the ground that the thumb -impressions of the proposer and the seconder were not clear. This is what the Petitioner has stated in paragraph 5 of his petition, whereas the State in its return has stated that the nomination paper was rejected on the ground that the thumb -impressions of the proposer and the seconder were not identifiable and were also objected to as being bogus. Respondent No. 2 (the Returning Officer) directed the candidate "to produce the proposer and the seconder in person, but he failed to do so."

(2.) THE contention of the learned Counsel for the Petitioner is that under Rule 9 of the Punjab Panchayat Samitis (Primary Members) Election Rules, 1961, the only ground on which the nomination paper can be rejected concerns merely the eligibility of the candidate and for that one has to go to Section 6 of the Act. Rule 9 is in these terms - -

(3.) MOREOVER the allegations made by the Petitioner on questions of fact are seriously disputed by the State and they cannot be determined except on evidence and, therefore, it would be a fit case where the matter can only be properly examined either by an election petition as provided by Section 121 of the Act or by a separate suit.