SHIV KUMAR PRASAD SINGH Vs. SURENDRA PRASAD YADAV

JUDGEMENT

(1.) THIS case has been filed under Sections 80, 80A and 81 of the Representation of People Act, 1951 challenging the returning of the respondent Surendra Prasad Yadav as an elected member of the Bihar Legislative Assembly from 247 Belaganj Assembly Constituency which was held on 12.2.2000. Assembly election in respect of various constituencies in the State of Bihar was done in the early part of the year 2000. Accordingly, election was also held in respect of the impugned Assembly constituency, namely, 247 Belaganj Assembly Constituency. The programme of relevant dates for the said election was as follows : - The last date of filing of the nomination paper ''24.1.2000 Scrutiny of nomination paper by the Returning Officer ''25.1.2000 Last date for withdrawal of candidature 27.1.2000 Date of Poll ''12.2.2000 Date of counting of ballots ''25.2.2000 Date of declaration of final result ''26.2.2000

(2.) ACCORDING to the election petitioner he was an elector of the neighbouring Assembly constituency in the name and style of 246 Ghoshi Assembly Constituency (Jehanabad) and his serial number was 637 in the electoral roll part 200. It was also the case of the election petitioner that Sub -divisional Officer, namely, Tulsi Hazra of Tekari Sub -division of District Gaya was the Returning Officer on the basis of the notification issued by the Governor of Bihar. According to the election petitioner he alongwith 13 other candidates including the respondent Surendra Pd. Yadav had filed nomination papers on the last day of filing of nomination paper on 24.1.2000. As per provision of Section 33 of the Representation of People Act the time frame for filing of nomination paper was within 11 a.m. to 3 p.m. According to the election petitioner he had filed nomination paper within the time frame as per provision of the Act but still then on 25.1.2000 when scrutiny of nomination papers were held, his nomination paper was rejected as per Section 36(b)(2) of the Representation of People Act holding that the nomination paper of the petitioner was filed at 3 -10 p.m. i.e. beyond the prescribed period. In total 13 (thirteen) candidates whose nomination papers were accepted on scrutiny had fought out the election and ultimately the respondent Surendra Pd. Yadav was declared as elected from the Assembly Constituency. It is the further case of the petitioner that when his nomination paper was accepted on being filed within the time frame as contemplated under Section 33(1) of the Representation of People Act, a notification was issued as per provisions of the Act on that very date i.e. on 24.1.2000 under Form 3A as per Rule 7 which totally revealed that the petitioner 'snomination paper was filed within 3 p.m. but still then the nomination paper of the petitioner was illegally rejected by the Returning Officer, on the next date holding that it was filed beyond the period of time. As the petitioner 'splea is to set aside the election of Surendra Pd. Yadav the returned candidate, the present petition was filed under the provisions of the Act as mentioned above. The other candidates had not been made party to this election petition as no further prayer was made from the side of the petitioner for declaring him elected.

(3.) ON the basis of the pleadings of the parties the following issues were framed vide order dated 26.11.2001 : -