MOHINDER NATH SOFAT Vs. KRISHNA MOHINI

JUDGEMENT

(1.) The petitioner, a defeated candidate from 14, Solan Constituency of H.P. Vidhan Sabha, has challenged the election of respondent, the returned candidate, from such constituency under Section 100 (l)(c) and Section 100 (l)(d)(i) of the Representation of the People Act, 1951 (hereinafter referred to as the Act), on the following two grounds : (a) improper rejection of the nominations of Sarvshri Pritam Chand and Mohan Singh; and (b) the result of election insofar as it concerns the respondent, a returned candidate, has been materially affected by improper acceptance of the nomination of Shri Jagdish Chander Bhardwaj.

(2.) Stated briefly, the facts of the present case are these. The Election Commission of India notified the holding of elections to the 9th Himachal Pradesh Legislative Assembly as per the following election programme : - (i) Filing of nomination papers 28.1.1998 to 4.2.1998 (ii) Scrutiny of nomination papers 5.2.1998 (iii) Last date for withdrawal of candidature 7.2.1998 upto 3 p.m. (iv) Allotment of symbols 7.2.1998 after 3 p.m. (v) Date of Polling 28.2.1998 (vi) Counting of ballots 2.3.1998

(3.) A number of nomination papers were filed for 14, Solan Assembly Constituency. The petitioner filed his nomination as a candidate of Bhartiya Janta Party, while the respondent filed her nomination as a candidate of Indian National Congress (Congress -I). One Pritam Chand son of Bahadur Ram of village Falai, Tehsil and District Solan, filed his nomination (Ex. PW - 1/P) as a candidate of Shiv Sena (an unrecognised registered Political Party). On the date of scrutiny, his nomination was rejected by the Returning Officer vide order passed in the following terms: - "Since the nomination of main candidate has been accepted. He being substitute candidate. His nomination papers are rejected."