Case Note & Summary
The petitioners, who were candidates for election to the Rajya Sabha from Karnataka, challenged the rejection of their nomination papers by the Returning Officer. The Returning Officer rejected the nominations on the ground that the proposers of the petitioners were not electors in the State of Karnataka, as required under Section 33(1) of the Representation of the People Act, 1951. The petitioners argued that the term 'constituency' in Section 33(1) should be interpreted broadly to include any elector in India, and that the rejection was arbitrary. The court, however, held that for Rajya Sabha elections, the constituency is the State, and the proposer must be an elector in that State. Since the proposers were not electors in Karnataka, the rejection was proper. The court dismissed the writ petitions, upholding the Returning Officer's decision.
Headnote
A) Election Law - Rajya Sabha Elections - Nomination - Proposer must be an elector in the State - Section 33(1) of the Representation of the People Act, 1951 - The petitioners' nomination papers were rejected by the Returning Officer on the ground that the proposers were not electors in the State of Karnataka. The court held that for Rajya Sabha elections, the constituency is the State, and the proposer must be an elector in that State. Since the proposers were not electors in Karnataka, the rejection was proper. (Paras 1-10) B) Election Law - Rajya Sabha Elections - Qualification of Proposer - Section 33(1) of the Representation of the People Act, 1951 - The court interpreted Section 33(1) to require that the proposer be an elector of the constituency. For Rajya Sabha, the constituency is the State, and therefore the proposer must be an elector in the State. The court rejected the argument that any elector in India could propose a candidate. (Paras 1-10)
Issue of Consideration
Whether the nomination papers of the petitioners were rightly rejected by the Returning Officer on the ground that the proposers were not electors in the State of Karnataka for the purpose of Rajya Sabha elections.
Final Decision
The court dismissed the writ petitions, upholding the rejection of nomination papers by the Returning Officer.
Law Points
- Nomination paper must be subscribed by a proposer who is an elector of the constituency
- Proposer must be an elector in the State for Rajya Sabha elections
- Rejection of nomination is proper if proposer is not an elector
- Section 33(1) of the Representation of the People Act
- 1951
- Section 100 of the Representation of the People Act
