SUKAR GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a registered voter for the State Assembly of Bihar and his name has been duly entered in the voters' list in the constituency of Lachmipur-cum-Jamur in the district of Monghyr. He filed a nomination paper on 23-11-1951, for being elected to fill a seat in the said constituency. On 26-11-1951, the date fixed for scrutiny, his nomination paper was, on objection of another candidate for the same seat, rejected by the Returning Officer on the ground that it did not comply with the provisions of Section 33 (5). Representation of the People Act, 1951 (Act LIII of 1951). The petitioner has, therefore, come up to this Court and asks for a writ in the nature of mandamus. or any other appropriate writ, under Article 226 of the Constitution, calling upon the Returning Officer to show cause why his order rejecting the nomination capers should not be quashed and the name of the petitioner included in the list of valid nominations and the list so rectified published in accordance with law.

(2.) We shall assume for the decision of the point raised before us that the Returning Officer has improperly rejected the nomination paper of the petitioner. The question for decision is whether, in view of the provisions of Article 329 (b) of the Constitution, it is within our power, authority or jurisdiction to issue a writ in the nature of mandamus, or any other appropriate writ, for the rectification of the order of the Returning Officer under Article 226 of the Constitution and give an adequate remedy to the petitioner.

(3.) The Constitution in Part XV (Articles 324 to -329) under the head "Elections" lays down the law to be followed with respect to all matters relating" to or in connection with elections to either House of Parliament or to the House or either House of the Legislature of a State. Election to the House of the People or to the Legislative Assembly of a State is to be held on the basis of adult suffrage. Every citizen of India is entitled to vote for a seat in the House of the People and the Legislative Assembly of a State if he is not less than twenty-one years of age on such date as may be fixed in that behalf irrespective of his race, caste or sex or any of them and if he is not otherwise disqualified to be a voter. But this adult suffrage, which does not depend upon property qualification, could not be claimed as a matter of right by any citizen of India in the absence of the express provision in that behalf of the Constitution.