Case Note & Summary
The appellant, an elector in the Shivaji Nagar Assembly Constituency, intended to contest a bye-election for the Jaoli Assembly Constituency in Maharashtra. He applied for a certified copy of the electoral roll entry containing his name, which he needed to file his nomination paper. The certified copy he received indicated a publication date of 31.1.1984, while the latest electoral roll was published on 29.1.1985. The Returning Officer rejected his nomination paper, stating that the certified copy was outdated and he failed to comply with the provisions of the Representation of the People Act, 1951. The appellant's subsequent attempt to submit a more recent certified copy was made after the rejection order was issued. The High Court upheld the rejection, leading the appellant to appeal to the Supreme Court. The Supreme Court found that the Returning Officer acted improperly by rejecting the nomination based on his own information regarding the electoral roll's status without verifying it. The court emphasized that the certified copy produced was valid and met the requirements of the Act. It ruled that the rejection of the nomination paper was unreasonable and declared the election of the first respondent void under section 100(1)(c) of the Act. The court allowed the appeal and set aside the High Court's judgment, ordering that the parties bear their own costs (Paras 1076-1078).
Headnote
A) Election Law - Nomination Paper Rejection - Grounds for Rejection - Representation of the People Act, 1951, Sections 33(5), 36(7) - The Returning Officer improperly rejected the appellant's nomination paper on the basis of an outdated certified copy of the electoral roll. The court held that there is no requirement for the certified copy to state the dates of publication of the electoral roll, and the rejection was unjustified as the appellant complied with the statutory requirements (Paras 1076-1078).
Issue of Consideration
Whether the rejection of the appellant's nomination paper was justified under the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and declared the election of the first respondent void under section 100(1)(c) of the Representation of the People Act, 1951. The court directed that the parties bear their own costs.
Law Points
- Electoral rights
- statutory compliance
- certified copies
- electoral rolls
- election petitions
