LexSHALIGRAM SHRIVASTAVA versus NARESH SINGH PATEL
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SHALIGRAM SHRIVASTA VA A v. NARESH SINGH PATEL DECEMBER 19, 2002 (R.C. LAHOTI, B~IJESH KUMAR AND H.K. SEMA, JJ.] B Election Laws : Representation of People Act, 1951: c Sections 36 and 8-Scrutiny of nominations-Candidate failing to fill up proforma prescribed by Election Commissio~Returning Officer rejecting nomination paper al the time of scrutiny-High Court upholding the rejection-Held: Returning Officer was within his rights in rejecting nomination paper since 110111i11ation paper suffered from defect of substantial character. D Section 36(2)-Scrutiny of nomination papers-Power of Returning Officer and scope of inquiry-Discussed. Election Commission issued instructions that at the time of filing nomination papers, candidate should also fill up prescribed proforma. This was with a view to seek information to ascertain at the time of scrutiny as to E whether the candidature is valid in the light of the provisions of Section 8 of the Representation of People Act, 1951. A candidate did not fill up the proforma, but tiled an alTKlavlt to the effect that the information in the proforma was correct Returning Officer rejected the nomination papers at the time of scrutiny. High Court upheld the rejection. Hence the present appeal. F Dismissing the appeal, the Court HELD: I.I. At the time of scrutiny of the nomination papers under Section 36 of the Representation of People Act, 1951, in the light of section 8 of the Act providing for disqualification which a person may incur on being G convicted, the Returning Officer is entitled to satisfy himself that a candidate is qualified and not disqualified. It is one of his statutory duties. Section 36(2) also statutorily authorises him to hold an enquiry on his own motions, though summary in nature. Returning Officer furnishes a proforma to the candidates to be filled on affidavit and filed on or before the date and time fixed for scrutiny s~ H 586 SUPREME COURT REPORTS [2002) SUPP. 5 S.C.R. A of the nomination paper. Therefore, providing a proforma, eliciting necessary and relevant information in the light of Section 8 of the Act to enquire as to whether the person is qualified and not disqualified, is an act or function fully covered under Section 36(2) of the Act. Returning Officer is ·authorized to seek such information to be furnished at the time of or before scrutiny. If the B candidate fails to furnish such information and also absents himself at the time of scrutiny of the nomination papers, is obviously avoiding a statutory enquiry being conducted by the Returning Officer under Section 36(2) of the Act. It is bound to result in defect of a substantial character in the nomination. (594-E-H; 595-A( C 1.2. The bald declaration furnished in Form 2-B prescribed under Rule 4 of the Conduct of Elections Rules, 1961 for the nomination that the candidate is qualified and not disqualified is not at all sufficient to scrutinize the nomination paper from the angle of Section 8 of the Act. Such declaration in the nomination paper may only be a mere basic statement necessary to fill up the nomination paper but it contains no information or facts relevant for D the purposes of scrutinising the nomination paper in the light of Section 8 of the Act which falls in Part II of the Act. (598-B-q 1.3. Power which vests in the Returning Officer is not dependent upon any instructions issued by Election Commission, therefore, it is not necessary to enter into the controversy ·as to whether the instructions issued by the E Election Commission are in exercise of its power under Article 324 or not. Election Commission by its letter brought to the notice of Returning Officers certain decisions of different High Courts iri regard to disqualification under Section 8 of the Act. It was further desired that such a scrutiny be made by the Returning Officers looking to the menace of criminalisation of politics. F Barring the fact that the instructions apprised the Returning Officers of the position under law in the light of Section 8 of the Act which implies that he is authorized to seek necessary information for the purpose. Since such information is necessary and rele\'ant for the purpose of scrutiny of the nomination paper under Section 36(2), in the light of Section 8 of the Act, it can well be furnished on a format provided to the candidate by Returning G Officer and it becomes his duty to furnish such information so that a Retur
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