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In Form B submitted by Bachan Singh the numberination of the election petitioner Kamal Sharma was rescinded and it was specifically mentioned that the Congress Party had changed its candidate and had numberinated Bachan Singh as its official candidate.
The schedule for holding the elections was as under Filing of numberination papers 27.1.2000 to 3.2.2000 Scrutiny of numberination papers 4.2.2000 Last date for withdrawal of candidature 7.2.2000 Allotment of Symbols 7.2.2000 after 3.00 p.m. Date of polling, if necessary 22.2.2000 Counting of votes 25.2.2000 The appellant Ram Phal Kundu filed his numberination paper as a candidate of Indian National Lok Dal Party hereinafter referred to as Lok Dal Party .
Shri Bhupinder Singh Hooda had number denied his signature on the authorisation Form B in favour of Bachan Singh in the affidavits filed by him on 4th and 5th February, 2000 and the same having been filed subsequent to 3.00 p.m. on the last date of filing of the numberination paper were of numberconsequence.
Shri Bhupinder Singh Hooda filed an affidavit dated 4.2.2000 before the Returning Officer that the election petitioner Kamal Sharma was the only person numberinated as a candidate of the Congress Party and any other unsealed authorisation letter of the party submitted by someone else was number valid.
It may be mentioned at the very outset that the election petitioner Kamal Sharma impleaded the returned candidate Ram Phal Kundu as the sole respondent and numberother person was joined as party to the election petition.
In para 25 of the petition it is pleaded that there was numberproper authorisation by the Congress Party in favour of Bachan Singh as the Form B submitted by him did number companytain the seal of the party and on account of wrongful rejection of the numberination paper of the election petitioner Kamal Sharma, the election of Ram Phal Kundu was vitiated.
Accordingly, the election of the appellant Ram Phal Kundu was set aside and the Election Commission was directed to hold a fresh election.
The appellant Ram Phal Kundu companytested the election petition on the ground, inter alia, that though the election petitioner produced Forms A and B before the Returning Officer that he is the numberinee of the Congress Party, but subsequently Bachan Singh produced Forms A and B that he had been numberinated by the Congress Party as a candidate for 50 Safidon Assembly Constituency.
The election petitioner then filed a petition before the Chief Election Commissioner, New Delhi on 6.2.2000, who by order dated 7.2.2000 set aside the order dated 5.2.2000 passed by the Returning Officer and directed him to companyduct a fresh scrutiny at 10.00 a.m. on 8.2.2000.
The numberination paper of Bachan Singh as a candidate of the Congress Party was accepted.
During the companyrse of scrutiny proceedings on 4.2.2000 it was revealed that another candidate, namely, Bachan Singh had also filed his numberination paper at 2.50 p.m. on 3.2.2000 claiming himself as a candidate set up by the Congress Party.
Though there is number even a whisper against the appellant Ram Phal Kundu and the entire allegations are against Bachan Singh but he was number arrayed as a party to the election petition.
The scrutiny proceedings were adjourned to 5.2.2000.
Shri Bhupinder Singh Hooda then companymunicated to the Returning Officer, 50 Safidon Assembly Constituency the name of the election petitioner Kamal Sharma as an approved candidate of the Congress Party in Form B. The election petitioner filed his numberination paper as a candidate of Congress Party at 12.20 p.m. on 3.2.2000 before the Returning Officer.
The numberination paper of election petitioner was filed along with requisite forms at 12.20 p.m. on 3.2.2000 whereas Bachan Singh had filed his numberination paper at 2.50 p.m. on 3.2.2000 and had submitted Forms A and B. Thereafter.
It is further pleaded that the letter of Shri Bhupinder Singh Hooda said to have been submitted on 4.2.2000 before the Returning Officer, is of numberconsequence and companyld number be taken into companysideration in view of paras 13 and 13A of the Symbols Order which provide that the numberice in writing in Form B regarding the declaration of the official candidate has to be made and submitted before the Returning Officer up to 3.00 p.m. on the last date of filing numberination papers and number thereafter.
The Central Election Committee of the party vide Press release dated 2.2.2000 selected him as its candidate for the said Constituency.
The Returning Officer accepted the numberination paper of Bachan Singh as candidate of Congress Party and rejected that of Kamal Sharma.
Shri Bhupinder Singh Hooda also wrote to the Chief Election Commissioner, New Delhi that Kamal Sharma was the only officially approved candidate of the Congress Party.
The Returning Officer, thereafter, gave numberice to election petitioner Kamal Sharma, Bachan Singh and Shri Bhupinder Singh Hooda, who appeared before him and stated that Form B furnished by Bachan Singh was number issued by his approval and that the election petitioner was the only authorised candidate of the party.
A further prayer was made that the Election Commission be directed to hold a fresh election to the said Assembly Constituency.
The election was held on 22.2.2000 as scheduled and the appellant Ram Phal Kundu secured the highest number of valid votes and was declared to have been elected.
However, the Returning Officer passed an order at 4.30 p.m. on 8.2.2000 dismissing the objection raised by the election petitioner and allotted the Symbol of the Congress Party to Bachan Singh.
After trial of the petition, the High Court allowed the election petition on the ground that the numberination paper of Kamal Sharma was wrongly rejected.
numberfurther numberice in Form B was received by the Returning Officer.
The result of the election was declared on 25.2.2000 and out of 85,742 valid votes polled, the appellant Ram Phal Kundu secured 45,382 valid votes and was declared as elected.
Kamal Sharma then filed an election petition under Sections 80, 81 read with Section 100 of the Act for setting aside the election of the appellant Ram Phal Kundu and for declaring his election as void.
Shri Motilal Vora, General Secretary of the party issued Form A in the name of Shri Bhupinder Singh Hooda, President, Haryana Pradesh Congress Committee as the authorised person to intimate the names of the candidates to be set up by the party in the election.
The Form B submitted by the election petitioner is dated 2.2.2000 whereas the Form B submitted by Bachan Singh at 2.50 p.m. on 3.2.2000 wherein Shri Bhupinder Singh Hooda had himself mentioned that the candidature of the election petitioner Kamal Sharma was rescinded is dated 3.2.2000.
The case set up by Kamal Sharma in the election petition is as follows The election petitioner applied to the Congress Committee for sponsoring his name for 50 Safidon Assembly Constituency to companytest the election as a candidate of the said party.
The Returning Officer companymitted a grave illegality in overlooking another essential requirement of law that Form B submitted by Bachan Singh had number reached the office of the Chief Electoral Officer, Haryana within the prescribed time limit.
The election petitioner was the only official candidate of the Congress Party as Forms A and B submitted by him along with his numberination paper were duly signed and stamped by the seal of the party, whereas Form B submitted by Bachan Singh did number bear the seal of the party and was companysequently invalid.
The respondent Kamal Sharma and Bachan Singh, both filed their numberination papers claiming to be candidates of Indian National Congress Party hereinafter referred to as Congress Party .
The scrutiny proceedings were companyducted by the Returning Officer on 5.2.2000, who after hearing companynsel for the parties, wrote out a hand written order dismissing the objection filed by the election petitioner Kamal Sharma and rejecting his numberination paper.
The Election Commission of India issued a numberification on 24.1.2000 calling upon the electors of Haryana to elect 90 members to the Haryana Vidhan Sabha including that from 50 Safidon Assembly Constituency Distt.
The numberice in Form B as per amended Clause 13 of Election Symbols Reservation and Allotment Order, 1968 hereinafter referred to as the Symbols Order is required to be produced before the Returning Officer before 3.00 p.m. and there is numberrequirement that the same should also reach or produced before the Chief Electoral Officer.
P. MATHUR,J. This appeal under Section 116A of the Representation of the People Act, 1951 hereinafter referred to as the Act has been preferred by the returned candidate Ram Phal Kundu against the judgment and order dated 8.5.2003 of High Court of Punjab and Haryana by which the election petition preferred by Kamal Sharma was allowed and the election of the appellant from 50 Safidon Assembly Constituency to the Haryana Vidhan Sabha was set aside and a direction was issued to the Election Commission of India to hold a fresh election for the said companystituency.
