ATHUP LEPCHA Vs. A K YADAV

JUDGEMENT

(1.) This is a petition challenging the election of Shri Sonam Chyoda Lepcha, respondent No. 2 as member of the Sikkim State Assembly from Constituency No. 23 Djongu (BL) held in November 1994.

(2.) The petitioner was also a candidate in the said election and had filed his nomination papers as an official candidate of the Rising Sun Party (hereinafter for brevity's sake referred to as the RSP). Although, his nomination papers were found to be valid yet he was not allowed the party symbol of RSP as he had failed to submit the specimen signature of the authorised person of the RSP before 3 p.m. an 27-10-1994 which was the last date for withdrawal. Consequently he was treated as an independent candidate and was allotted the free symbol "Ladder". Four persons contested this election and respondent No. 2 won the election by a margin of only 47 votes.

(3.) This election petition was filed in this Court on 23-1-95. Notices were issued to the respondents and reply was filed by respondent No. 1 on 18-5-1995, by respondent No. 2 on 19-5-95 and by respondent No. 3 on 18-5-95. On an application made on behalf of the respondents, the name of respondent No. 4, the Election Commissioner of India was deleted from the array of respondents vide this Court's order dated 9-6-95. Following issues were framed on 16-6-95.".................1. Whether Rule 13 (d) of Election Symbols (Reservation and Allotment) Order, 1968 is only directory and there was substantial compliance.2. Whether the order of the Returning Officer, Respondent No. 1 dated 27-10-94 treating petitioner as independent candidate and not allotting him the reserved symbol of the recognised party 'Rising Sun' is invalid and discriminatory.3. Has the result of the Election of Respondent No. 2 been materially affected by the ruling of Respondent No. 1 dated 27-10-94.4. Result.