PREM RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE elections for Municipal Board, Sadri are fixed on 20. 8. 2000 i. e. 3 days from today for which a notification was issued on 4. 8. 2000 under Rule 10 of the Rajasthan Municipalities (Election) Rules, 1994 (for short `the Rules' ). Nomination papers were required to be filed between 4. 8. 2000 to 3:00 P. M. of 8. 8. 2000. Scrutiny of nomination papers was to be done on 9. 8. 2000. THE date of withdrawal was 11. 8. 2000. Symbols were to be given to the contesting candidates on 12. 8. 2000.

(2.) THE petitioner filed his nomination form as an O. B. C. candidate and a nominee of Indian National Congress Party from Ward No. 14 reserved for O. B. C. on 8. 8. 2000. However, the authorisation from the Congress Party was offered to the respondent no. 4 Returning Officer only on 8. 8. 2000 at 3:20 P. M. whereas the same authorisation was supposed to be submitted latest by 3:00 P. M. of 8. 8. 2000.

(3.) LEARNED counsel Mr. Joshi then submitted that there was a delay of hardly 20 minutes on the part of the petitioner to offer the authorisation from his part and instead of 3:00 P. M. , the authorisation letter was submitted at 3:20 P. M. Therefore, the Returning Officer ought not to have rejected the nomination form of the petitioner on such a highly technical ground. He submitted that the Returning Officer could not have rejected any nomination paper on the ground of any defect which is not of substantial character. He submitted that the nomination paper of the petitioner could have been rejected only on the following 7 grounds referred to in Rules 13 of the Rules:- (i) that the candidate is not enrolled in the municipal electoral roll as a voter of the municipality; (ii) that the candidate has not made or caused to be made the deposit referred to in rule 22; (iii) that the candidate has not attained the minimum age required for being elected as a member; (iv) that the candidate is disqualified under any provisions of the Act from being a member; (v) that the proposer has not been enrolled as a voter of the ward for which the nomination has been filed; (vi) that the signature of the candidate or the proposer on the nomination paper is not genuine; (vii) that the proposer has subscribed nomination for more than one candidate in the same ward.