DALIP SINGH PANDHI Vs. SADHU SINGH

JUDGEMENT

(1.) This election petition has been filed by a defeated candidate u/S. 100(1)(c) of the Representation of the People Act, 1951 (hereinafter referred to as the Act), challenging the election of the respondent to the Punjab Vidhan Sabha from 78-Amloh Assembly Constituency on the sole ground that the nomination papers of one Jit Singh had been improperly rejected.

(2.) General Elections to the Punjab Legislative Assembly were held in February, 1992. It is common case of the parties that Amloh Constituency No. 78 was a seat reserved for the scheduled castes of the State of Punjab and that the programme notified for the said elections was as under :-

(3.) In the written statement filed on behalf of the respondent, it has been admitted that Jit Singh filed his nomination papers as a candidate of the Bahujan Samaj Party which according to the respondent were validly rejected. It has also been averred that Jit Singh failed to mention in the declaration as given in the nomination paper the particular caste to which he belonged and also the area in relation to which that caste was a scheduled caste of the State of Punjab. It is the case of the respondent that the declaration furnished by Jit Singh was not valid in law and that no document/certificate was attached with the nomination paper showing the caste to which he belonged. A certified copy of the nomination paper as also the order of the returning officer dt. Feb. 3, 1992 rejecting the same were attached with the written statement.