BHAGWAN DASS SINGLA Vs. HARCHAND SINGH

JUDGEMENT

(1.) THE only ground, on which the election of the returned candidate is sought to be declared void, is - that the petitioner's nomination paper was improperly rejected.

(2.) THE petitioner is an Advocate. The State of Punjab was under the President's rule when a Mid-Term Poll was ordered. In this petition, the dispute relates to Lehrgaga Constituency. This Constituency was called to elect its representative to the Vidhan Sabha on the 1st of January, 1969. The nomination papers were to be filed with effect from the 4h of January, 1969, to the 8th of January, 1969. On the 7th of January, 1969, the petitioner personally filed him nomination papers would be scrutinised on the 9th of January, 1969, the date fixed for that purpose. At the time, when the nomination papers were scrutinised, the petitioner did not appear. No objection was taken to his nomination paper by any other candidate. The Returning Officer, suo motu, rejected his nomination paper and recorded his decision thus :

(3.) THE respondent, Shri Harchand Singh, filed his written statement on the 23rd of April, 1969. He raised a number of pleas; but the only plea, that was put in issue and on which the trial proceeded, relates to the improper rejection of the nomination paper of the petitioner. The only disputed question is, whether the petitioner was below the age of 25 years on the date when he filed his nomination paper?