DEVENDRA PATEL versus RAM PAL SINGH & ORS.

Citation: [2013] 10 S.C.R. 291 · Decided: 06-09-2013 · Supreme Court of India · Bench: RAJENDRA MAL LODHA
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Judgment (excerpt)

[2013] 10 S.C.R. 291 
DEVENDRA PATEL 
v. 
RAM PAL SINGH & ORS. 
(Civil Appeal No. 7907 of 2013) 
SEPTEMBER 6; 2013 
[R.M. LODHA AND MADAN B. LOKUR, JJ.] 
A 
B 
Representation of the People Act, 1951 - s. 79(b) and 
82(b) - Person whose nomination rejected, whether can be 
considered as a 'candidate' for the purpose of s.82(b) - Held: 
C 
Where nomination of person is rejected on the ground of such 
person being disqualified, he is neither a duly nominated 
candidate nor he can claim to be duly nominated candidate, 
within the meaning of s. 79(b) ~ Therefore, he cannot be 
considered as 'candidate' for the purpose of s.82(b). 
D 
The question for consideration in the present appeal 
was whether the person whose nomination was rejected, 
must be considered as a 'candidate' for the purpose of 
s. 82(2) of the Representation of the People Act, 1951. 
Dismissing the appeal, the Court 
E 
HELD: The question whether a person is a 
'.candidate' for the purpose of Section 82(b) of 
Representation of the People Act, 1951 would depend on 
F 
whether he is a 'candidate' within the meaning of Section 
79(b). Since nomination of 'J' was, rejected as he was 
/ 
disqualified, he cannot be considered to be duly 
nominated as a candidate at the election. The expression 
"claims to have been duly nominated as a candidate at 
G 
any election" in Section 79(b) of the 1951 Act, would not 
take within its fold a person whose nomination has been 
rejected as being disqualified. Thus, where the 
nomination of a person is rejected by the returning officer 
291 
H 
A 
B 
c 
D 
E 
F 
292 
SUPREME COURT REPORTS 
[2013] 10 S.C.R. 
on the ground of such person being disqualified, such 
person is neither a duly nominated candidate nor he can 
claim to be duly nominated as a candidate. In view of this 
position, 'J' is not covered by the expression 'candidate' 
in either of the two categories within the meaning of 
Section 79(b). Therefore, 'J' cannot be treated as a 
'candidate' for the purpose of Section 82(b) of the 1951 
Act. [Paras 5, 8, 9 and 1 OJ [293-E; 294-D-F; 295-B-D] 
' Mohan Raj vs. Surendra Kumar Taparia and Ors. (1969) 
1· SCR 630 - distinguished. 
Mithilesh Kumar Sinha vs. Returning Officer for 
Presidentia/Election and Ors. AIR 1993 SC 20: 1992 (1) 
Suppl. SCR 651 - referred to. 
Case Law Reference: · 
(1969) 1 SCR 630 
distinguished Para. 9 
1992 (1) Suppl. SCR 651 
referred to 
Para 3 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
7907 of 2013. 
From the Judgment and Order dated 26.08.2010 of the 
High Court of Madhya Pradesh, Principal Bench at Jabalpur 
in Election Petition No. 16 of 2009. 
Saurabh Suman Sinha, Gaurav Agrawal for the Appellant. 
• 
Vikramjit Banerjee, S.S. Shamshery, V.M. Vishnu, R.C. 
Kohli for the Respondent. 
G 
.The Judgment of the Court was delivered by 
R.M. LODH~, J. 1. Leave granted. 
2. The only argument canvassed by the learned counsel 
for the appellant is that Jaswant Singh whose nomination was 
H 
rejected must be regarded as a 'candidate' for the purpose 
DEVENDRA PATEL v. RAM PAL SINGH & ORS. 
293 
[R.M. LODHA, J.] 
of Section 82(b) of the Representation of the People Act, 1951 
A 
(for short, '1951 Act') and since he has not been joined as a 
party respondent in the election petition although there is 
allegation of corrupt practice against him, the election petition 
is liable to be rejected. 
B 
3. The High Court has considered this question and, 
relying upon the decision of this Court in Mithilesh Kumar 
Sinha Vs. Returning Officer for Presidential Election & 
Others1, held that Jaswant Singh could not be regarded as a 
'candidate' as defined in Section 79(b) for the purpose of 
Section 82(b) and overruled the objection regarding non-joinder 
C 
of Jaswant Singh. 
4. The admitted fact is that Jaswant Singh's nomination 
was rejected by the returning officer as he w.as ·found to be 
disqualified. Jaswant Singh challenged the order of the returning 
D 
officer rejecting his nomination in a Writ Petition before the 
High Court, but that Writ Petition was not taken to the logical 
conclusion and it was dismissed. 
5. The question is, whether Jaswant Singh is a 'candidate' 
for the purpose of Section 82(b) ? The answer to this would 
depend on whether he is a 'candidate' within the meaning of 
Section 79(b). 
6. Section 79(b) reads as follows :-
"79. Definitions.? In this Part and in Part VII unless the 
context otherwise requires,-
(a) 
xx 
x 
E 
F 
(b) "candidate" means a person who has been
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