KAMAL SHARMA Vs. RAM PHAL KUNDU

JUDGEMENT

(1.) ELECTIONS were held to the Haryana Vidhan Sabha in the month of February, 2000. Respondent-Ram Phal Kundu who had contested the aforesaid election from 50-Safidon Assembly Constituency as a Candidate of Indian National Lok Dal Party (hereinafter referred to as the "INLD") was declared elected. Petitioner-Kamal Sharma had also filed his nomination papers as a candidate of Indian National Congress Party (hereinafter referred to as "Congress Party"). The said nomination papers were rejected by the Returning Officer. Through the present petition, the petitioner has now challenged the election of respondent-Ram Phal Kundu to the aforesaid 50- Safidon Assembly Constituency on the ground that his (Petitioner's) nomination papers were wrongly rejected by the Returning Officer. He has accordingly filed the present petition under Sections 80, 81 and 100 of the Representation of the People Act, 1951 (hereinafter called the "Act").

(2.) A notification dated January 24, 2000 was issued by the Election Commission of India calling for the elections to the State of Haryana. The following programme was announced : Filing of nomination papers : 27.1.2000 to 3.2.2000 Scrutiny of nomination papers : 4.2.2000 Last date for withdrawal of candidature : 7.2.2000 Allotment of symbols : 7.2.2000 after 3.00 PM Date of polling, if necessary : 22.2.2000 Counting of votes : 25.2.2000

(3.) IN pursuance to section 13 of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter called the "Symbols Order") a candidate set up by a recognised political party was required to submit a declaration to that effect in his nomination paper which was required to be accompanied by a notice in writing to that effect signed by the President, the Secretary or any officer-bearer, so authorised by the party to send such notice. Thus for such sponsored candidates, the nomination papers were required to be accompanied by Form 'A' nominating and authorising a person by the party and Form 'B' which was to be signed by such authorised person giving a notice to the Returning Officer about the sponsoring of the aforesaid candidate. Accordingly the petitioner, who has claimed that he was sponsored by the Indian National Congress, submitted his nomination papers on February 3, 2000 at 12.20 p.m.