PRADEEP KANT, J. - (1.) THIS writ petition challenges the acceptance of the nomination paper of opposite party no. 5 by the Returning Officer for being a candidate for member of Legislative Council of 9 Raebareli Local Authority Constituency.
(2.) THE elections for Member of Legislative Council for Raebareli Local Authority Constituency was notified and the last date for filing nomination papers was 20.12.09. By the last date, four persons, namely, the petitioner, Dinesh Pratap Singh, Raja Rakesh Pratap Singh, opposite party no. 5 and one Dinesh Singh, filed nomination papers. Leaving aside other facts, the relevant point is that the opposite party no. 5 while filing his nomination paper alongwith an affidavit in the proforma, which was prescribed, he did not give the correct details of the pending criminal cases against him.
(3.) THE case of the petitioner is that there was a criminal case pending against the opposite party no. 5 being Case Crime No. 87 of 2002, P.S. Hazratganj, Lucknow under Sections 420, 406, 467, 469, 47, 120-B and 504 IPC, in which chargesheet has been submitted by the Chief Judicial Magistrate and summons had also been issued to opposite party no. 5. Further case is that despite service of summons upon opposite party no. 5 and he having full knowledge of the criminal case, he deliberately did not mention about the said case in the prescribed column of the affidavit and thus, he filed incomplete nomination paper deliberately. There was another case, namely, Case Crime No. 340 of 1999 under Section 307, P.S. Kaisarbagh, Lucknow, which is also said to have been concealed but during the course of arguments, Dr. L.P. Misra stated that he does not press the objections filed by one Rakesh Singh with respect to the aforesaid criminal case and confines his case only with respect to the other criminal case, namely, Case Crime No. 87 of 2002. The petitioner filed objections against the nomination of opposite party no. 5, clearly indicating the pendency of the aforesaid case, asserting that he has deliberately concealed material facts in the nomination paper, therefore, his nomination paper is liable to be rejected.;