PRABHUNATH SINGH Vs. SHRI JANARDAN SINGH SIGRIWAL

JUDGEMENT

(1.) The petitioner Prabhunath Singh has filed this election petition under Section 80 and 80A of the Representation of People Act, 1951 (hereinafter referred to as "the R.P. Act") questioning the election of the returned candidate Sri Janardan Singh Sigriwal, the sole respondent from 19, Maharajganj Parliamentary Constituency for which the election was held on 07.05.2014 and the result was declared on 17.05.2014.

(2.) The petitioner prayed for declaration of election result of the sole respondent from 19, Maharajganj Parliamentary Constituency as void on the ground that the respondent is absconder in Bhagwan Bazar P.S. Case No.46 of 1986 corresponding to Trial No.91 of 1992. It was incumbent for him to disclose the said case in the nomination paper but he deliberately and intentionally did not disclose the said information in the nomination paper filed before the Returning Officer. Therefore, the present case of the respondent is fully covered by the decision of the Supreme Court in the case of Union of India v. Association for Democratic Reforms, A.I.R. 2002 Supreme Court 2112 and also the decision of the Supreme Court in the case of Kisan Shankar Kathore v. Arun Dattatraya Sawant and Ors, A.I.R. 2014 Supreme Court 2069 . Because of non-disclosure by the respondent this case will be covered within the ambit of definition of "corrupt practice" as mandated under Section 100 of the R.P. Act, as such the election result of the respondent is fit to be declared as void. Further the respondent did not carry out the requirement for valid nomination as per requirement of Section 33A of the R.P. Act. Therefore also the election result of the respondent be declared as null and void.

(3.) According to the petitioner's case as pleaded in the election petition, a notification for election was issued on 12.04.2014 made by the Ministry of Law and Justice which was notified in Bihar Gazette (Extraordinary) on 12.04.2014. The elections were held in different phases. The petitioner being candidate of Rastriya Janta Dal filed his nomination paper for 19, Maharajganj Parliamentary Constituency. The other candidates including the respondent also filed nomination paper and ultimately ten candidates contested the election from the said constituency.