MOHAMMAD SADIQUE Vs. DARBARA SINGH GURU
LAWS(SC)-2016-4-46
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 29,2016

MOHAMMAD SADIQUE Appellant
VERSUS
DARBARA SINGH GURU Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 116A of The Representation of the People Act, 1951, is directed against judgment and order dated 07.04.2015, passed by High Court of Punjab and Haryana at Chandigarh, in EP No. 1/2012, whereby Election Petition filed by respondent has been allowed, and election of the appellant from 102-Bhadaur (Scheduled Caste) Assembly Constituency in Punjab, has been set aside.
(2.) Brief facts of the case are that General Elections were held to Punjab Legislative Assembly, in January, 2012. Last date of filing of nomination papers was 12.01.2012. Date for scrutiny of nomination papers was 16.01.2012. And polling was held on 30.01.2012. The counting of votes was done on 06.03.2012, in which appellant was declared elected.
(3.) Election Petitioner (respondent herein) filed his nomination papers as a candidate of Shiromani Akali Dal. The appellant was a candidate from Indian National Congress. There were other 17 candidates in the fray. Seven independent candidates withdrew their candidature, as such, only 12 were left in the field. Since Bhadaur constituency was reserved for Scheduled Castes, only the candidates belonging to Scheduled Castes were qualified to contest the election under Section 5 (a) of The Representation of the People Act, 1951 (hereinafter "RP Act").;


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