AJAY KUMAR KUSHWAHA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The prime issue, involved in the present writ application, is as to whether the present writ application, filed under Article 226 of the Constitution of India, seeking setting aside of the election of respondent no. 4, as Member of State Legislative Council, Bihar, from Vaishali Local Authority Constituency, can be maintained.

(2.) The petitioner was, admittedly, a candidate, who had contested the said election, held in the year 2015. The respondent no. 4 was declared as a returned candidate. The petitioner seeks setting aside of the election of respondent no. 4, in the light of the provisions of Section 100 (1) (d) (i) and (iv) of the Representation of Peoples Act, 1951, on the ground that the said respondent no. 4 had failed to disclose his full criminal antecedents in the affidavit, filed along with the nomination papers, and, thus, committed corrupt practice of undue influence, as contemplated under Section 123 (2) of the Representation of Peoples Act, 1951 (hereinafter referred to as the Act).

(3.) It appears from the record that the Registry of this Court had pointed out defect in the writ petition on the point of its maintainability. It was on the request made on behalf of the petitioner that the matter has been listed under the heading "For Orders (On Office Notes)" to consider the question of maintainability.