NARENDRA SINGH KUSHWAHA Vs. ANAND MOHAN SINGH

JUDGEMENT

(1.) THE election petitioner prays that the election of the respondent from 234, Nokha Assembly Constituency held in March, 1995 be declared void on the ground of improper rejection of his nomination.

(2.) THE petitioner claims to be a famous social worker and General Secretary of the Samta Party. His case is that by a notification issued on 16.1.95 the programme of Assembly elections in Bihar had been announced. The nomination papers were to be filed from 16.1.95 to 23.1.95 and 24.1.95 was fixed for scrutiny of the nomination papers. The petitioner filed his nomination paper on 23.1.95 from 234 Nokha Assembly Constituency at Sasaram (hereinafter the 'Constituency ') before the Returning Officer. His nomination paper was rejected on 24.1.95 under section 10A of the Representation of the People Act, 1951 (hereinafter the 'Act ') by the Returning Officer on the ground that his name appeared in the list of disqualified candidates prepared by the Election Commission of India. The election for the Assembly was held on 15.3.95 and the respondent a candidate of the Janata Dal and others were permitted to contest the election whereas the petitioner was illegally and with mala fide intention debarred from contesting the same. The respondent was declared elected for the Constituency or. 2.4.95. The petitioner has, therefore, filed this application under section 80 -A ard 81(1) of the Act read with Article 323(b) of the Constitution of India for declaring the election from the Constituency to be void on the grounds that the petitioner had never been disqualified by the Election Commission under section 10A of the Act and that the Returning Officer had illegally rejected his nomination paper on false and imaginary basis. The petitioner has prayed for the following reliefs : (i) It may be adjudicated that the petitioner has not been declared disqualified under section 10(A) of the Representation of People Act, 1951, nor he could have been declared disqualified. (ii) It may further be adjudicated that the petitioner 's nomination paper has illegally been rejected by the concerned Returning Officer from 234 Nokha Assembly Constituency on 24.1.1995 with a mala fide intention. (iii) The election for 234 Nokha Assembly Constituency held in the year 1995 be declared void and respondents be directed to issue fresh notification for the aforesaid Constituency election. (iv) Any consequential relief or reliefs may also be granted to the petitioner. (v) Cost of the election petition be awarded to the petitioner.

(3.) OF provisions of sections 81, 82 and 177 of the Representation of People Act, 1951? 3. Whether the allegations contained in election petition are vague and as such liable to be struck of under Order 6 Rule 16 of the Code of Civil Procedure read with section 87 of the Act?