LexANIL BALUNI versus SURENDRA SINGH NEGI
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ANILBALUNI A v. SURENDRA SINGH NEGI JULY 14, 2005 [R.C. LAHOTI, CJ., G.P. MA THUR AND P.K. BALASUBRAMANY AN, JJ.] B Representation of the People Act, 1951-Section JOO(/) (c)-Rejection of nomination papers of appellant by Returning Officer on the ground that they were filed after the closing time on last date fvced-High Court dismissing C the Election Petition-Correctness of-Held, on facts and evidences, nomination papers have been filed before the expiry of due date fixed- Returning Officer has comm.itted fraud by making interpolations in the nomination papers of the appellant-Hence, allowing the appeal, the election of the respondent declared void-Election Symbols (Reservation and Allotment) Order, 1968. D Election Commission of India issued a notification for holding elections in State Legislative Assembly. Appellant and respondent filed their nominations for contesting election in a particular Constituency. The appellant filed four sets of nomination papers. The nomination papers were rejected by the Returning Officer on the ground that they were submitted by the appellant E at 4.10 pm on 23.1.2002 i.e. beyond the closing time of3.00 pm fixed on the last date for filing of the nomination papers. The appellant could not contest the election and the .respondent was declared to be elected from the Constituency. The appellant filed an Election Petition under sections 80 and 81 of the F Representation of the People Act, 1951 challenging the election of the respondent to the State Legislative Assembly contending that he filed four sets (lf nomination papers along with Forms A and B as prescribed by the Election Symbols (Reservation and Allotment) Order, 1968 before the Returning Officer on 22.1.2002 itself i.e. a day prior to the last date fixed for G filing nomination papers; that the Returning Officer, after scr~tiny of the nomination papers, informed the appellant that the same were valid and passed orders in Hindi on all the nomination papers to the effect "after scrutiny found valid"; that while he was on his way back to his Constituency form the office 595 H • 596 SUPREME COURT REPORTS [2005] SUPP. l S.C.R. A of the Returning Officer, when Ire was informed that the Returning Officer has rejected his nomination papers, he immediately returned and found the office of the Returning Officer cl~ed; that, thereafter, he immediately made complaints to Observer, Chief Election Commissioner and other authorities about the illegal arid improper rejection of his nomination papers by the B Returning Officer; and that he later received an official communication from the Returning Officer intimating him that his nomination papers were rejected on the ground that Forms A and B were filed at 4.10 pm on 23.1.2002. The appellant stated in his pleadings that the Returning Officer had made interpolations by adding the Hindi word "Aa" before the word "vaidh" •. C The respondent contended before the High Court that the Returning Officer rightly rejected the nomination papers of the appellant on the ground that Forms A and B were filed after the closing time of the last date fixed for filing nominations. The High Court, after appraisal of oral and documentary evidence, dismissed the election petition of the appellant. Hence this appeal. D Allowing the appeal, the Court HELD: 1.1. The specific statement of PW-1 and PW-2 is that the appellant had been declared to be the. official candidate of the political party on 17.1.2002 and Forms A and B were given to the appellant on 19.1.2002. Form B, which was issued in favour of the appellant also bears the date E 19.1.2002. The respondent has lead absolutely no evidence 'to show that there was any doubt or dispute in the Party high command regarding the candidature . of the appellant on account of which Forms A and B could not have been given to the appellant on 19.1.2002 or till the_ time when he filed his nomination papers on 22.1.2002. In such circumstances, it does not appeal to reason that F though he had been declared as the official candidate of the political party and had been given Forms A and Bon 19.1.2002, yet he would not file the same along with his nomination papers on 22.1.2002 and would choose to file the same subsequently on 23.1.2002, which was the last date. (603-D, E, F) 1.2. In the List of Nominated Candidates prepared according to G Paragraph 30.1 of Handbook for Returning Officers and sent to the Elect
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