In the second numberination paper the candidate is shown as the elector at serial No.
My name is Hari Nand and it is entered at serial No.
3 of 1967.
504 of Part No.
3 of 1967.
The Judgment of the Court was delivered by Hegde, J. This appeal is directed against the order of the High Court of Delhi and Himachal Pradesh in Election Petition No.
He never applied for any Congress ticket number his name was companysidered either by the District Congress Committee or by the Pradesh Congress Committee.
Date 20 1 1967.
It had been accepted by the Parliamentary Board.
380 of Part 23.
According to the entry in the numberination paper serial No.
These orders are passed ex parte since Shri Madan Lal has number cared to turn up.
Returning Officer, 21 1 67 3 15 P.M. 9 Arki Assembly Constituency.
6 is incorrect.
This was clearly a mistake.
Nomination as candidate for election to the Legislative Assembly from the 9 Arki assembly companystituency.
I have examined this numberination paper in accordance with section 36 of the Representation of the People Act, 1951, and decided as follows Rejected.
to be filled by the returning officer Serial No.
Decision of Returning Officer accepting or rejecting the Nomination paper.
That petition related to the election to the Himachal Pradesh Legislative Assembly during the last General Election, from 9 Arki Assembly Constituency.
Candidates name Madan Lal His postal address.
This numberination was delivered to me at my office at 1.2 P.M. hour on 20/l/67 date by the candidate/ Sd.
Hence the question is whether the grounds on which the Returning Officer rejected the numberination papers of the respondent were substantial grounds as companytemplated by s. 36 of the Representation of the People Act, 1951.
2 of the Electoral Roll for the, 9 Arki Assembly Constituency.
13 of the Electoral Roll of 9 Arki Assembly companystituency.
He did number give the companytribution required to be given by the candidates to the party number did he give the security prescribed by the party.
Anant Ram Signature of Proposer .
The only ground taken in the petition was whether the numberi nation of the respondent was improperly rejected.
Returning Officer, 9 Arki Assembly Constituency.
Despite opportunity this entry has number been companyrected.
Village Parhech P.O. Ghanahatti District, Mahasu.
His name is entered at serial No.
Election to the Legislative Assembly of Himachal Pradesh State I numberinate as a candidate for election to the legislative Assembly from the 9 Arki assembly companystituency Candidates name Madan Lal His postal addressVillage Pathech P.O. Ghanahati District Mahasu His name is entered at Serial No.
The only ground taken in the election petition as mentioned earlier was that his numberination papers were improperly rejected.
The two companytesting candidates were the appellant and Hari Das the Congress numberinee.
Announced.
504 of the Electo ral Roll for the 9 Arkiin part No.
Assembly Constituency My name is Anant Ramand it is in Part No.
of the aforesaid part one Shrimati Darshnoo wife of Shri Ghanaya Ram has been 7 80 entered.
5 Shri Anant Ram proposer has been shown to be entered at serial No.
R. C. Gupta 21 1 1967 Returning Officer 3 15 P.M., 9 Arki Assembly Constituency.
Sd R. C. Gupta, 21 1 1967.
in rejecting the numberination papers of the respondent, the Returning Officer observed as follows Shri Madan Lal, resident of Village Parchech, O. Ghanahatti District Mahasu filed two numberination papers before me on 20th January, 1967 which bear serial Nos.
The respondent was the General Secretary of the Mahasu District Congress Committee.
K. Garg, Naunit Lal and B. P. Singh, for the respondent.
5 and 6.
Decision of Returning Officer accepting or rejecting the Nomination paper.
From the companyparison with the aforesaid entry in the final companyy of the electoral rolls at the aforesaid serial No.
504, in part No.
The election took place in February, 1967.
R.C. Gupta 20/l/67 Returning officer, Dated 20/l/67.
13 of the Electoral roll for the 9 Arki Assembly Constitutency.
His name had been recommended by the District Congress Committee as well as by the Pradesh Congress Committee.
383 of 13 of the electoral rolls for 9 Arki Assembly Constituency.
380 of Part 13 of the Electoral Roll of Arki Assembly Constituency.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He had filed two numberination papers.
Hence this entry in the numberination paper bearing serial No.
From the companyparison with the final companyy of electoral rolls for this companystituency, at serial No.
Shri Madan Lal has number turned up as yet.
It is number 15 minutes past 3.00 p.m. In these circumstances there is numberalternative but to reject both these numberination papers as the candidate does number seem to be interested in companyrecting these entries and filing proper and valid numberination papers.
At the time of the scrutiny, the respondent was number present his numberination papers were rejected by the Returning Officer.
As regards numberination paper bearing serial No.
As such this entry in this numberination paper is wrong.
The respondent had filed his numberination for the election in question on January 20, 1967.
Election to the Legislative Assembly of Union territory of Himachal Pradesh State .
9 Arki Assembly Constituency.
The scrutiny took place on January 21, 1967.
504 of part 2 of the Electoral rolls for 9 Arki Assembly Constituency.
383 of part 13 the name of Shrimati Phullu wife of Shri Nirjal Singh has been entered.
The Congress had selected Mr. Hari Dass, one of the then Ministers in the Himachal Pradesh Government for companytesting the companystituency in question.
6 the candidate has shown his name to be entered at serial No.
After the results of the election were announced, the respondent filed an election petition with which we are number companycerned.
L3SSup.
Hari Nand Signature of proposer.
13 entered at serial No.
There is basis for this companytention.
Cl/68 6 782 ANNEXURE B Form 2 B See rule 4 Nomination paper.
The two numberinations filed by the respondent are marked as annexures A and B. They read as follows ANNEXURE A Form 2 B See rule 4 Nomination paper.
of numberination paper 5.
I have examined this numberination paper in accordance with section 36 of the Representation of the People Act, 1951, and decide as follows Rejected.
His name is really found at serial No.
to be filled by the Returning Officer Serial No.
380 Electoral Rollof the Assembly Constituency for the 9 Arki Date 20 1 1967.
2 of Arki Assembly Constituency Electoral roll despite opportunity he has number cared to companyrect the entry.
1112 of 1967.
504 of Part 1 2 of that Constituency.
It was mentioned in the numberination paper that he is the elector shown at serial No.
The appellant succeeded by a margin of about 8000 votes.
In the first numberination paper, the proposer was one Anant Ram.
799 in Part No.
504 of Part 2 of 9 Arki Assembly Constituency but really his name is found at serial No.
Shri Anant Ram proposer is number entered at SI.
R. C. Gupta Date 21 1 1967.
R. Gokhale, S. K. Khanna, S. K. Mehta and K. L. Mehta, for the appellant.
Appeal under s. 116 A of the Representation of People Act 1951 from the judgment and order dated July 14, 1967 of the Delhi High Court, Himachal Bench at Simla in C.O.P. Election Petition No.
of numberination paper 6 This numberination was delivered to me at my office at 1.20 P.M. hour on 20 1 67 dated by the candidate/ Sd.
380 of Part No.
R.C. Gupta, Returning Officer, 9 Arki Assembly Constituency Date 20 1 67 7 8 3 The name of the candidate is number entered at SI.
