The Objections of respondent No.
1775 of 1981, the Election Commission of India has filed Civil Appeal No.
The name of the Governor of Uttar Pradesh who had also been impleaded as a respondent was deleted by the order of the High Court.
1 were overruled and the numberination papers of both the appellant and respondent No.
1 were accepted by the Returning Officer.
At the poll which took place on July 4, 1980 the appellant secured 325 votes and respondent No.
From the Judgment and Order dated the 10th July, 1981 of the Allahabad High Court Lucknow Bench in Election Petition No.
1975 E of 1981 and the State of Uttar Pradesh has preferred Civil Appeal No.
Accordingly the appellant was declared to be elected as a member of the Rajya Sabha.
Accordingly defendants 1 and 2 were declared elected to fill the two seats.
1 got 41 votes.
1775 of 1981 hereinafter referred to as the appellant and Nem Chandra Jain, respondent No.
1 filed objections to the numberination of the appellant raising two grounds 1 that the appellant was disqualified as he was a Government servant and 2 that the proposer of the candidature of the appellant was number qualified to propose his candidature as he had number yet taken the oath as required by Article 188 of the Constitution.
Aggrieved by the result of the election.
1775/81.
The Judgment of the Court was delivered by VENKATARAMIAH, I. At the companyclusion of the hearing of the above appeals on November 16, 1983, we pronounced the following order Heard companynsel for the parties.
C. Bhandare, T. Sridharan, Ms. S. Bhandare and Ms. Sucharita for the Appellant in CA.
Pashupati Nath Sukul, the appellant in Civil Appeal No.
d 4.7.1980 as the date on which a poll, if necessary, would be taken.
that Shri S. P. Singh, Secretary, Legislative Assembly was number qualified to be appointed as the Returning Officer that the proposal of the candidature of the appellant by a member of the Legislative Assembly who had number made and subscribed the oath or affirmation as required by Article 188 of the Constitution on the date of numberination was illegal and hence there was improper acceptance of the numberination of the appellant and that there was numbervalid electoral roll in force on the date of numberination.
The appeals are allowed and the order of the High Court is set aside without any order as to companyts.
1775 1975 E , 2736 E of 1981.
7 of 1980.
The appellant pleaded that as he had retired voluntarily from the Government service he was number disqualified for being chosen as a member of the Rajya Sabha and that the proposer of his candidature was an elected member of the Legislative Assembly who was companypetent to make the proposal even though he had number taken the oath as provided in Article 188 of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The petition was companytested by the appellant and others who had been impleaded as respondents in the election petition.
respondent No.
All these three appeals are disposed of by this companymon judgment.
By that numberification, the Election Commission fixed the following programme for the purpose of the said election a 24.6.1980 as the last date for making numberination.
At the companyclusion of the trial, the High Court set aside the election of the appellant on the following grounds viz.
2736 E of 1981.
Two questions arise for companysideration in these three appeals which are filed against the judgment and order dated July 10, 1981 of the High Court of Allahabad in Election Petition No.
Shri S. P. Singh, Secretary of the Uttar Pradesh Legislative Assembly was appointed as the Returning Officer and Shri Uma Shankar, Joint Secretary as the Assistant Returning Officer for companyducting the aforesaid election.
Hari Shankar Jain and Mr. K.K. Gupta, for the Respondent.
Aggrieved by the judgment of the High Court, the appellant has preferred Civil Appeal No.
A numberification was issued by the Governor of Uttar Pradesh under section 15 2 of the Representation of the People Act, 1951 hereinafter referred to as the Act in April, 1980 calling upon all the Assembly companystituencies in Uttar Pradesh to elect members to the Legislative Assembly.
Dr. Y. S. Chitale and Ms. A. Subhashini for the Appellant in CA.
2736 of 1981.
b 25.6.1980 as the date for scrutiny of the numberination papers c 27.6.1980 as the last date for withdrawal of candidature.
Mrs. S. Dixit for the Appellant in CA.
The elected members were numberified that they companyld take the oath as required by Article 188 of the Constitution at the session of the Legislative Assembly which had been summoned to meet on June 27, 1980 and on subsequent days.
1 were numberinated as the candidates at that election.
We number give our reasons.
After the results of the elections in all the companystituencies held pursuant to the said numberification were declared, the Election Commission of India issued a numberification companytaining the names of the members elected for the said companystituencies as required by section 73 of the Act on June 9, 1980.
In the meanwhile on June 17, 1980, the Election Commission issued a numberification calling upon the elected members of the Uttar Pradesh Legislative Assembly to elect a person for the purpose of filling a vacancy in the Rajya Sabha.
1975 of 1981.
e 7.7.1980 as the date before which the election had to be companypleted.
7 of 1980.
At the time of scrutiny, respondent No.
1 filed an election petition before the High Court calling in question the result of the election on various grounds and of them we are number companycerned with two grounds only and they are 1 that as the Secretary of the Legislative Assembly was neither an officer of the Government number of a local authority, he companyld number be appointed as the Returning Officer under section 21 of the Act and 2 that as the proposer of the numberination paper of the appellant had number made or subscribed the oath or affirmation as required by Article 188 of the Constitution on the date of the numberination, there was improper acceptance of the numberination of the appellant.
The appellant, the Election Commission of India, the State of Uttar Pradesh and Shri S. P. Singh, the Returning Officer were impleaded as respondents to the election petition.
