SHRILAL JANVA Vs. UDAI RAM DHAKAD

JUDGEMENT

(1.) THIS is a petition under 80 and 81 of the Representation of the People Act, 1951 (No. XLIII of 1951)(for short 'the Act' herein) filed by Shri Shrilal Janva, challenging the election of respondent Shri Udai Ram Dhakad to Rajasthan Legislative Assembly from Badi Sadri Constituency.

(2.) THE result of the election was declared on June 1, 1980 and the respondent was declared elected as having secured the highest number of votes Petitioner Shrilal Janva has questioned the election of the respondent on the ground that the Returning Officer of Badi Sadri Constituency wrongly rejected his (petitioner's) nomination paper. The petitioner has prayed that the election of the respondent may be declared void.

(3.) THE respondent filed the written statement contesting the election petition on September 20, 1980. It has been stated in the reply that the petitioner neither appeared before the Returning Officer nor delivered the nomination paper complete in all respects at 2.45 p.m. on May 2, 1980. It was denied that the amount of Rs. 250/ - in cash was tendered to the Returning Officer by the petitioner. On the basis of the endorsement made on the nomination paper (Ex. 3), it was stated that the petitioner appeared before the Returning Officer at 3.03 p.m. on May, 2, 1980 and that he did not deliver the nomination paper to the Returning Officer and simply left it on the table of the Returning Officer without delivering the same to him and obtaining a proper receipt as prescribed. The application Ex. 1 is said to have been presented by the petitioner before the Returning Officer at 4.30 p.m. on May 2, 1980 and the Returning Officer passed necessary orders that application recording the true facts. In substance, the election petition is contested on the ground that the nomination paper was rightly rejected by the Returning Officer as the petitioner had failed comply with the provisions of Sections 33 and 34 pf the Act. An objection was also raised that in the absence of the Returning Officer as a party, the election petition cannot be tried as non -joinder of the Returning Officer is fatal and the petition should be rejected.