PRATIMA GOEL Vs. YASHWANT SINHA

JUDGEMENT

(1.) THIS election petition has been field for declaration that the election of Shri Yashwant Sinha to 13th Lok Sabha from 48 Hazaribagh Parliamentary Constituency in the general election 1999 be declared to be void.

(2.) BRIEFLY stated the facts are as follows: - -

(3.) IT is stated that the affidavit is not an integral part of the prescribed nomination paper and, therefore, the order of the Returning Officer rejecting the nomination paper is illegal and contrary to the provision of Section 36 of the Act. The Returning Officer empowered to reject the nomination papers only on the grounds as mentioned under Section 36(2) of the Act. The petitioner is fully qualified to be chosen for the seat of Parliament and she has not been convicted for committing any offence and, therefore, the rejection of the nomination paper without having any basis is improper and contrary to the provision of the Act. Hence, the election of the respondent be declared to be void.