R.C.LAHOTI - (1.) THIS is an appeal under Section 116A of the Representation of the People Act, 1951 preferred by a candidate, who, though successful at the polls, has lost in the election petition before the High Court. For the sake of convenience, the parties shall be referred to as they were arrayed in the election petition filed before the High Court.
(2.) MOHINDER Nath Sofat, the defeated candidate, filed an election petition putting in issue the election of Smt. Krishna Mohini, the returned candidate, alleging improper rejection of the nomination papers of Sarveshri Pritam Chand and Mohan Singh and also that the result of election insofar as it concerns the returned candidate having been materially affected by the improper acceptance of nomination paper of Jagdish Chander Bhardwaj. The two grounds were covered by Section 100(1)(c) and Section 100(1)(d)(i) of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act', for short). Both the pleas have prevailed with the learned Designated Election Judge of the High Court of Punjab and Haryana. The election petition has been allowed and the election of the returned candidate set aside. Legislative Assembly elections including for 14-Solan Constituency of Himachal Pradesh Vidhan Sabha were held in the months of January and February, 1998 as per the programme notified by the Election Commission of India. Nomination papers were to be filed between 28-1-1998 and 4-2-1998 (both days inclusive). Scrutiny of nomination papers was to take place on 5-2-1998. Last date for withdrawal of candidature was 7-2-1998 up to 3 p.m. Allotment of symbols was to take place after 3 p.m. on 7-2-1998. Date of polling was 28-2-1998. Counting of ballots was to take place on 2-3-1998. The petitioner filed his nomination as a candidate of Bhartiya Janta party, a registered and recognised political party. The respondent filed her nomination as a candidate of Indian National Congress (I), a registered and recognised political party. One Pritam Chand son of Bahadur Ram, filed his nomination (Ex.P.W. 1/P) as a candidate of Shiv Sena (a registered unrecognised political party). On the date of scrutiny, his nomination was rejected by the Returning Officer by an order passed as under :- "Since the nomination of main candidate has been accepted, he being substitute candidate, his nomination papers are rejected."
(3.) ONE Mohan Singh son of Shiv Ram had filed his nomination (Ex.P.W. 1/R) as a candidate of Himachal Vikas Congress (a registered unrecognised political party). His nomination was also rejected by the Returning Officer by an order passed as under :- "The main candidate since has been accepted hence his nomination is rejected." Jagdish Chander Bhardwaj (P.W. 2) had filed his nomination (Ex.P.W. 1/N) as a candidate of Communist Party of India (CPI). The date and time of presentation of nomination as endorsed on his nomination paper are "4-2-1998" and "12.45 p.m." The Oath Form (Ex. P.W. 1/0) bears the date and time of the Oath having administered by the Returning Officer as "4-2-1998" and "12.44 a.m.".;