SARABJIT SINGH Vs. MANTAR SINGH

JUDGEMENT

(1.) The petitioner, a candidate for the 103-Kotkapura Assembly Constituency, has a two-fold complaint. Firstly, he alleges that his nomination paper was illegally rejected. Secondly, the petitioner submits that the nomination paper of Mantar Singh, the returned candidate was wrongly accepted. Thus, the petitioner maintains that the entire election is vitiated. Is it so? A few facts may be noticed.

(2.) The Election Commission of India notified elections to the State Government in the year 1997, January 20, 1997 was the last date for filing of nomination papers. These were to be scrutinised on January 21, 1997. The candidates could withdraw their nomination on January 23, 1997. The poll was scheduled for February 6, 1997 and the votes had to be counted on February 8, 1997.

(3.) January 23, 1997 was declared a National holiday. Thus, there was a slight variation in the election programme. January 24, 1997 was fixed as the date for withdrawal of nomination. The poll was fixed for February 7, 1997. The votes were to be counted on February 9, 1997.