- (1.)In this appeal, the question that is required to be determined is whether the High Court by the order impugned was justified in invalidating the election of the appellant who was elected as a member of Bihar Legislative Assembly in the election held on 10.7.2003.
(2.)Bereft of unnecessary details, the facts which are essential to be stated are that the respondent filed his nomination paper along with fifty others to enter into the contest as the member of Bihar Legislative Council from 20-Saharsha-cum-Medhepura-cum-Supaul Local Authority Election Constituency. The Returning Officer, while accepting the nomination papers of all the candidates, rejected the nomination paper of the respondent on the ground that he had not filed the relevant electoral roll which was required to be done, for he belonged to another constituency.
(3.)After the election was over, the respondent instituted Election Petition No. 4 of 2003 in the High Court of Patna seeking a declaration that rejection of his nomination paper was incorrect and inappropriate, and hence, the election of the elected candidate was void. Challenge to the rejection was based on two counts, namely, that he had filed the requisite voters' list as contemplated under Section 33(5) of the Representation of the People Act, 1951 (for brevity, 'the Act') and second, the Returning Officer, at the time of scrutiny, had not pointed out the defect to him for which he was deprived of the opportunity of rectifying the mistake.