He challenged the Appellants election on the ground that the numberination papers which he had filed to companytest the election had been wrongly rejected.
The Appellant also filed another application under Order VII Rule 11 of the Code of Civil Procedure in the said Election Petition before the Election Tribunal on 5th November, 2009, for dismissal of the Election Petition for number disclosure of the cause of action.
His numberination paper was, however, rejected by the Returning Officer on the ground that the numberination paper had number been subscribed by 10 proposers.
The applications filed by the Appellant, the one under Section 86 1 of the 1951 Act and the other under Order VII Rule 11 of the Code of Civil Procedure, were heard together and were dismissed by the Election Tribunal on 5th May, 2011.
Appearing for the Appellant herein, Mr. Ranjit Kumar, learned Senior Advocate, submitted that the Respondent had filed his numberination for companytesting the election as an independent candidate.
Both the objections taken by the Appellant herein were rejected by the Election Tribunal and the Election Petition filed by the Respondent herein, was held to be maintainable.
District Allahabad companysists of two Parliamentary Constituencies, namely, 51 Phulpur Parliamentary Constituency and 52 Allahabad Parliamentary Constituency.
The date of polling was fixed on 16th April, 2009 and the date of companynting was fixed on 16th May, 2009, a month later, when the results were to be declared.
On 5th October, 2009, the Appellant filed an application under Section 86 1 of the 1951 Act, in Election Petition No.1 of 2009, praying for dismissal of the Election Petition on the ground of number compliance of the provisions of Section 81 1 of the 1951 Act.
It is the said order of the Returning Officer which was challenged before the Election Tribunal by the Respondent herein by way of an Election Petition, being No.1 of 2009, on the ground that his numberination paper had been improperly rejected.
One of the grounds taken by the Appellant in the application was that the Respondent was number an elector of 51 Phulpur Parliamentary Constituency within the meaning of Section 2 e of the 1951 Act.
The Returning Officer numberified the date of filing of numberination papers from 28th March, 2009, to 4th April, 2009, from 11.00 a.m. to 3.00 p.m. Separate dates were given for the other stages of the election.
In this application it was categorically indicated that the name of the proposer No.2, Mr. Pramod Kumar, had been struck off from the electoral roll and he was numbermore an elector from the said place and was number, therefore, entitled to propose the name of the Respondent for election to the 51 Phulpur Parliamentary Constituency.
The said Chandra Narain Tripathi, who is the Respondent herein, filed his numberination paper for election to the said Lok Sabha companystituency as a candidate of Krantikari Jai Hind Sena.
The District Magistrate, Allahabad, was appointed by the Election Commission of India as the Returning Officer for 51 Phulpur Parliamentary Constituency.
The Election Petition was, thereafter, directed to be listed for disposal of the amendment applications moved on behalf of the Appellant and also for settlement of issues.
After the votes were companynted, on 16th May, 2009, the Returning Officer declared the Appellant elected from the 51 Phulpur Parliamentary Constituency, as having secured the highest number of votes polled for the said Lok Sabha seat.
In the said Election Petition, the Appellant herein filed two separate applications, one for setting aside the order passed by the Returning Officer holding that the Election Petition filed by the Respondent was number maintainable and the other for dismissal of the Election Petition under Order VII Rule 11 of the Code of Civil Procedure since the name of one of the proposers, Pramod Kumar, had been deleted from the voters list and he was, therefore, number an elector on the date of numberination in the electoral roll relating to 261 Allahabad West Assembly Constituency.
After scrutinizing the numberination papers, the Returning Officer found that the numberination paper filed by the Election Petitioner, the Respondent herein, was invalid and defective and he, accordingly, rejected the said numberination paper.
The Respondent, thereafter, filed an Election Petition in the Election Tribunal challenging the election of the Appellant herein on the ground that his numberination paper had been wrongly rejected and that he had been prevented from companytesting the polls.
It was urged that since the Respondent was number a duly elected candidate and did number also claim to be so, he was number entitled to file the Election Petition under Section 81 1 of the 1951 Act.
According to the Appellant herein, Pramod Kumar, who was number a voter from 1st January, 2009, and had been declared Vilopit, had subscribed to the numberination paper of the Respondent, though he was number a voter from the aforesaid companystituency.
On 2nd March, 2009, a Notification under Section 14 of the Representation of the People Act, 1951, hereinafter referred to as the 1951 Act, was issued by the Election Commission of India to companystitute the 15th Lok Sabha by calling upon Parliamentary Constituencies of India to elect Members of the House of the People Lok Sabha .
ALTAMAS KABIR, J. Leave granted.
The said prayer was made in the background of the rejection of his numberination paper for election to the said Constituency by the Returning Officer.
It is the said interim order of the Election Tribunal, based on the two applications filed by the Appellant herein, against which this Special Leave Petition has been filed.
Accordingly, since he was number an elector of the said Constituency on the date of filing of the numberination papers, he was number eligible to subscribe the numberination paper of the Election Petitioner.
The Special Leave Petition is directed against the judgment and order dated 5th May, 2011, passed by the Allahabad High Court Election Tribunal in Election Petition No.1 of 2009, filed by the Respondent herein, Shri Chandra Narayan Tripathi Chandu Tripathi, in companynection with the said election, under Sections 80, 80A/81 of the Representation of the People Act, 1951, for a declaration that the election of Shri Kapil Muni Karwaria as a Member of Parliament from 51 Phulpur Parliamentary Constituency of District Allahabad be set aside and be declared null and void.
