RAM DASS Vs. CHANDU LAL

JUDGEMENT

(1.) IN a straight contest for a seat to the Jammu and Kashmir Legislative Assembly from Ramnagar Scheduled Caste Constituency, the petitioner No. 1, lost to the respondent, who was declared elected on 27 -2 -67.

(2.) THE petitioners filed this Election Petition before the Election Commission of India, New Delhi, on 10 -4 -67, challenging the validity of the election on the sole ground that the nomination papers of one another candidate from the same Constituency, Chhajo Ram Saloch referred to hereafter, sometimes only as Saloch, was wrongly rejected by the Returning Officer on 24 -1 -67 after the necessary scrutiny, which was held on 23 -1 -67, with a finding that Saloch held, under the State Government, an office of profit, which has a disqualification under Section 69 of the Constitution of Jammu and Kashmir. It is said that he did not hold any such office at the relevant time.

(3.) THE Election Petition was sent to the, Election Tribunal, being the District Judge of Udhampur. The respondent filed before the Tribunal, his written statement, supporting the rejection of the nomination papers of Saloch on two more grounds apart from the one taken before the Returning Officer. These, two new grounds are that (1) Saloch was below the prescribed age of 25 years on 29 -1 -67 when he filed his nomination papers and (2) he had not complied with the provisions of Sections 44 and 45 of the Jammu and Kashmir Representation of the People Act, 1955 (1957) referred to hereafter as the Act. The Election Tribunal struck on p. 7 of his order sheet, the following issues: 1. Whether the nomination paper of Sh. Chajju Ram was improperly rejected by the Returning Officer. If so, with what effect. 2. Whether Shri Chajju Ram had entered into an agreement with the Government of Jammu and Kashmir to serve it, and the contract subsisted on 23rd and 24th January 67, and still subsists, if so with what effect. 3. Whether Shri Chajju Ram did not possess age qualification as required under the Constitution on the date when the nomination paper was scrutinised and rejected.