UMARDDIN BEHLEEM AND Vs. CHANDRA SHEKHAR

JUDGEMENT

(1.) BY this common order, the applications filed under Order 7, Rule 11 C. P. C. read with Section 80 of the Representation of the People Act, 1951, hereinafter referred to as "the Act" in both the Election petitions by respondent No. 1 Dr. Chandra shekhar Baid, who was elected as a Member of the Twelfth Legislative Assembly for rajasthan from Tara Nagar Constituency (21) on 4th December, 2003 on the banner of Indian National Congress vide Annex. 9, are being disposed of.

(2.) THOUGH the main grounds for declaring election to be void in both the Election petitions are about improper rejection of nomination papers filed by the petitioners as contemplated under Section 100 (C) of the Act and also not impleading the other co'ntesting candidates as respondents by virtue of Section 82 of the Act but in election Petition No. 5/2004 filed by Bhanwar singh, an additional ground of corrupt practice committed by respondent No. 1, who is a returned candidate, has also been taken, as provided for in Section 100 (B) of the Act. Legality of these grounds has been questioned through these applications as preliminary objections by respondent No. 1 in the light of various provisions of the Act, which will be dealt with later on, but for the sake of convenience, facts in both these petitions are summarily narrated below :

(3.) IN this petition, the nomination form of petitioner Umarddin Bahleem was rejected vide Annex. 5 on 15-11-2003 by the Returning officer on the ground that he was convicted on 27-9-2003 in Cr. Case No. 8/2000 by the Sessions Judge, Anti Corruption cases, Bikaner, for the offences u/ss. 409, 467, 468 and 471 IPC and also under section 13 (l) (d) read with Section 13 (2) of the prevention of Corruption Act, 1988 and was sentenced to one year's imprisonment and a fine of Rs. 1000. 00 in each of the offences and the sentences were ordered to run concurrently vide Annex. 6 and his sentence was suspended by this Court in appeal vide order dated 17-10-2003 Annex. 7. Petitioner challenged the validity of this order of rejection of nomination form before this Court in s. B. Civil Writ Petition No. 6505/2003 which was dismissed on 19-11-2003 vide order Annex. 8 with the observation that such rejection of forms are part of causes of action, which is available in the Election petition. It is alleged that one Banke Lal was convicted by Additional Sessions Judge No. 2, Dholpur in Sessions Case No. 267/2001 on 28-10-2002 and was sentenced to five years' rigorous imprisonment and a fine of rs. 1000. 00 vide Annex. 10. He filed appeal against the said order before this Court in jaipur Bench and his sentence was suspended vide Annex. 11 on 12/11/2002 and his conviction was also stayed for two months vide Annex. 12 on 16/10/2003 on account of his intention to contest the election in Assembly. Accordingly, his nomination was accepted by the Returning Officer vide Annex. 13 on 15/11/2003 from Dholpur (78) Assembly Constituency.