HARI MOHAN SHARMA Vs. PRABHU LAL KARSOLIA

JUDGEMENT

(1.) Legislative Assembly Elections, including Nainwa Assembly Constituency of the Rajasthan Vidhan Sabha, were held in the month of November, 1998. As per the programme notified by the Election Commission, nomination papers were to be filed up to 3.00 P.M. of 6-11-1998. Scrutiny of the nomination papers was to take place on 7-11-1998. the last date for withdrawal of candidature was 9-11-1998. The election (polling) took place on 25-11-1998 and the results were declared on 28-11-1998. Respondent, Mr. Prabhu Lal Karsolia, was declared elected defeating his nearest rival Mr. Hari Mohan Sharma, the petitioner, by 6335 votes.

(2.) The present election petition has been filed by the petitioner mainly on the ground of improper rejection of the nomination paper of one Mr. Mahendra Singh Gurjar. The petitioner filed his nomination paper as a candidate of the Indian National congress, a registered and recognised political party. The respondent filed his nomination paper as a candidate of the Bharitya Janta Party. Four more candidates had filed their nomination papers, among whom, one Mr. Mahendra Singh Gurjar had filed his nomination paper on 6-11-1998 at 11.15 A. M. with a letter of authorisation from a recognised political party i.e. Janta Dal of which Mr. Sharad Yadav had been the President at the relevant time.

(3.) On the same date, another candidate namely; Mr. Ashiq Hussain also filed his nomination paper at 2.45 P.M. with an authorisation letter from the same recognised political party i.e. Janta Dal and the letter of authorisation again been signed by the President of the Party Mr. Sharad Yadav. Mr. Ashiq Hussain also submitted a letter dated 5-11-1998, addressed to the concerned Returning Officer, signed by Mr. Sharad Yadav, President, Janta Dal. In the above letter dated 5-11-1998, the Returning Officer of the Nainwa Assembly Constituency had been informed that Mr. Ashiq Hussain is the authorised candidate on behalf of Janta Dal and, if any other person has submitted the nomination paper on behalf of this party, the same may be rejected.