Therefore, the returning Officer rightly rejected the objection raised before him during the scrutiny and he was number disqualified and is number guilty of suppression of the facts.
Nine candidates filed their numberinations.
The appellant Lalsai though he was companyvicted and was disqualified but mislead the returning officer and companycealed the vital information in the affidavit of his companyviction.
Hence, the present appeal.
38 to the Chhattisgarh State Legislative Assembly.
However, it may be stated at the outset that so far as this objection is companycerned we ourselves checked up the date and we find that the election petition was filed on 19.1.2004 with security amount.
Aggrieved against the said order the present appeal was filed The Election Commission of India by Notification dated 7.11.2003, numberified the election to the Legislative Assembly of the State of Chhattisgarh inviting persons to submit their numberination papers between 7.11.2003 to 14.11.2003 and 15.11.2003 was the date of scrutiny of the numberination papers the last date for withdrawal of candidature was 17.11.2003.
rigorous imprisonment on each companynt and companyvicted under section 471 of the IPC and punished with rigorous imprisonment for one year by judgment and order dated 9.5.2002.
The security deposit was made on 19.1.2004 whereas the election petition was filed on 17.1.2004.
As such election petition is barred by time.
After scrutiny, petitioner along with respondents Nos.
All candidates were required to submit their numberination alongwith their declaration and affidavit wherein they were required to disclose particulars of companyviction for two years or more.
The lost candidate filed the present election petition raising the question of disqualification of appellant under Section 8 3 of the Representation of People Act, 1951 hereinafter referred as the R.P. Act .
The election was fixed for 2nd December, 2003.
The defence of the appellant was that the execution of judgment and companyviction dated 9.5.2002 was stayed by the appellate Court by its order dated 31.5.2002.
We have heard learned companynsel for the parties and perused the record.
Aggrieved against this order appellant filed appeal before District Judge and learned Additional Sessions Judge by his order dated 31.5.2002 released appellant on furnishing Bond Security suspended judgment Order of Addittional Chief Judicial Magistrate dated 9.5.2002.
Therefore, the returning officer companyld number cancel his numberination.
The appellant was companyvicted by the Court of Additional Chief Judicial Magistrate, Sakti in Criminal Case No.
1 to 7 remained in companytest.
The polling took place on 2nd December, 2003 and the result was declared on 4th December, 2003 declaring the appellant as elected for companystituency.
9/2004 whereby the learned Single Judge has allowed the election petition in part and set aside the election of the appellant for Malkharaud Assembly Constituency No.
K. MATHUR, J. This appeal is directed against the order dated 1.8.2006 passed by the learned Single Judge of the Chhattisgarh High Court at Bilaspur in Election Petition No.
He also took the plea that the election petitioner did number deposit the security amount within the prescribed time period, therefore, petition be dismissed being barred by time.
