- (1.) THIS is an application by Shri Brij Sunder Sharma under Article 226 of the constitution of India for a writ of certiorari, against the Election Tribunal, Jaipur, and 8 others, for. setting aside its order dated 30th April, 1956, and also for prohibition against the said Tribunal directing it not to forward its order dated the 30th April, 1956, to the Election Commission. In the alternative, writ of mandamus or any other appropriate writ, direction or order under Article 226 of the constitution against the said Tribunal for setting aside the said order has been prayed for. It has further been prayed in the alternative that under Article 227 of the Constitution the said order be quashed.
(2.) THE circumstances leading to this petition are as noted below: (2a) In November, 1953, a bye-election was held to fill in a seat of the rajasthan Legislative Assembly from the Sironj constituency in district kotah, Shri Abhinna Hari, respondent No. 2, Shri Madan Lal Agarwal, respondent no. 3, Shri Kesri Mal Jain, respondent No. 4 and Shri Brij sunder Sharma, the petitioner before us, filled in their, nomination papers and at the time of scrutiny of the said papers the nomination paper of Shri Abhinna Hari was rejected and the election was consequently contested by the three remaining candidates. Shri Brij sunder Sharma was declared successful at the election, by means of a gazette notification or the 23rd November, 1954. Shri Abhinna Hari (hereinafter to be referred as respondent No. 2) then filed an election petition on the 5th of February, 1954, before the Election Commission, delhi, which was forwarded to the Election Tribunal Jaipur for disposal. The Tribunal framed a number of issues out of which the following issues are relevant for the purposes of this petition: issue No. (2)--Whether the petitioner's nomination was improperly injected and the rejection has materially affected the result of the election. Issue No. 7 (a)--Whether Shri Bakshi, Executive Engineer. Irrigation at bundi, toured the constituency at the instance of respondent No. 1 towards the end of September and beginning of October, 1953. in order to further the prospects of respondent No. 1 in the bye-election issue No. 15 (a)--Whether respondent No. 1 fed about 400 workers during the election and the expenses of their feeding have not been shown in the return of election expanses filed by him. Issue No. 15 (b)--If so, what is the effect on the result of the election. Issue No. 16 (a)--Whether 4 community kitchens at Sironj and one each at Despua-Kharg, Anantpura, Ghatal, Lateri and Unarsi-tal, were started by respondent No. 1 to feed his workers numbering in all about 400 and these expenses should have been included in the return of election expenses filed by the respondent. Issue No. 16 (b)--Whether travelling allowances were paid by the respondent to his workers of which the list has been filed by the petitioner and these expenses should have been shown in the return of election expenses.
(3.) RESPONDENT No. 2 was not an elector in Sironj constituency but he was an elector in Ladpura constituency in the district of Kotah. He presented 4 nomination papers to the Returning Officer on or before the 5th October, 1953, the date for the filing of the nomination papers In column No, 8 of the three nomination papers the Serial No. of respondent No. 2 of 1951 Electoral Roll of Ladpura constituency was mentioned and in the 4th nomination paper the same Serial No. was repeated but the description of the electoral roll was not given. The Electrol Roll of Kotah district was first prepared in the year 1951 which remained in force till the 17th of September, 1953, when a new electoral roll of 1952 was prepared and published and which was the electoral roll in force at the time of the filing of the nomination papers during this election. The contest between the parties relating to Issue No. 2 centred round the entry in Col. 8 of the 4th nomination paper which is Ex. P-2a on the record of the Election Tribunal and will be hereinafter referred to as Ex. P-2a, and which may be translated into english as noted below: "8. Serial number of the candidate in the electo-No. 3834 - Bhimganjmandi Ward No. 1 ral roll of the constitu-ency in which his name is included. Kotah (A certifiedcopy of the electoral roll of 1951 annexed. " This nomination paper Ex. P-2a was rejected on grounds which will appear from the copy of the order of the Returning officer given below: this is a fact that Shri Abhinna Hari has filled in column No. S of the nomination paper wrongly and any correction would have been allowed as to the entries at the time of presenting his nomination by the returning Officer under Section 33 (5) (A) of the Representation of the people Act, 1951. He wants to have corrected this entry at the time of, scrutiny. He has quoted no provision of law nor I have come across any under which any correct-ton of nomination paper Can be allowed at this stage. Even if this candidate would have been allowed to correct his nomination paper at the time of presenting it before me he could not have corrected his nomination paper in time. This mistake came to his notice the very day and he tried to improve over his previous nomination Papers by giving serial numbers Of the proposer and seconder according to Electoral Roll of 1952. I therefore, hold that this mistake of filing serial number in column 8 from the electoral rolls not in operation is a substantial defect. Every man of ordinary prudence knew that the electoral Rolls of 1952 have been finally published and have come in force. This nomination paper is, therefore, rejected. ";