- (1.) This appeal is directed against the order of the High Court of Delhi and Himachal Pradesh in Election Petition No 3 of 1967. That petition related to the election to the Himachal Pradesh Legislative Assembly during the last General Election, from 9-Arki Assembly Constituency.
(2.) The only ground taken in the petition was whether the nomination of the respondent was improperly rejected. The respondent had filed his nomination for the election in question on January 20, 1967. He had filed two nomination papers. The scrutiny took place on January 2, 1987. At the time of the scrutiny, the respondent was not present, his nomination papers were rejected by the Returning Officer. The election took place in February. 1967. The two contesting candidates were the appellant and Hari Das the Congress nominee. The appellant succeeded by a margin of about 8,000 votes. After the results of the election were announced, the respondent filed an election petition with which we are now concerned.
(3.) The only ground taken in the election petition as mentioned earlier was that his nomination papers were improperly rejected. In rejecting the nomination papers of the respondent the Returning Officer observed as follows : "Shri Madan Lal, resident of Village Parhech, P. O. Ghanahatti, District Mahasu filed two nomination papers before me on 20th January 1967 which bear serial Nos 5 and 6. According to the entry in the nomination paper serial No 5 Shri Anant Ram proposer has been shown to be entered at serial No. 383 of 13 of the electoral rolls for 9-Arki Assembly Constituency. From the comparison with the final copy of electoral rolls for this constituency, at serial No. 383 of part 13 the name of Shrimati Phullu wife of Shri Nirjal Singh has been entered. As such this entry in the nomination paper is wrong. As regards nomination paper bearing serial No. 6 the candidate has shown his name to be entered at serial No. 504 of part 2 of the Electoral rolls for 9-Arki Assembly Constituency. From the comparison with the aforesaid entry in the final copy of the electoral rolls at the aforesaid serial No. of the aforesaid part one Shrimati Darshnoo wife of Shri Ghanaya Ram has been entered. Hence this entry in the nomination paper bearing serial No. 6 is incorrect. At the time of scrutiny neither Shri Madan Lal nor his proposer or election agent nor any one authorised on his behalf was present so that he could be given an opportunity for correcting these entries. This candidate while presenting his nomination papers claimed to be the substitute candidate of the Indian National Congress who have put up Shri Hari Dass as their only candidate. In view of the aforesaid circumstances it cannot be ascertained whether Shri Madan Lal is an elector in any Assembly Constituency of Himachal Pradesh or that his proposer Shri Anant Ram is an elector in the 9-Arki Assembly Constituency. Shri M R. Gupta, Advocate the person authorised on behalf of Shri Hari Dass was informed to convey to Shri Madan Lal that he can approach me any time upto 3.00 P. M. today for correcting these entries. Shri Madan Lal has not turned up as yet. It is now 15 minutes past 3.00 P. M. In these circumstances there is no alternative but to reject both these nomination papers as the candidate does not seem to be interested in correcting these entries and filing proper and valid nomination papers. These orders are passed- ex parte since Shri Madan Lal has not cared to turn up. Announced. Sd/- R. C. GUPTA, (21-2-67) Returning Officer, 9-Arki Assembly Constituency.";