DEOKI NANDAN PRASAD, J. - (1.) THIS election petition has been field for declaration that the election of Shri Yashwant Sinha to 13th Lok Sabha from 48 Hazaribagh Parliamentary Constituency in the general election 1999 be declared to be void.
(2.) BRIEFLY stated the facts are as follows: - - The President of India called upon the electors of the 48 Hazaribagh Parliamentary Constituency to elect one member to the Lok in its 1999 General Election for constituting 13th Lock Sabha. The Collector of Hazaribagh district was appointed as Returning Officer and the following dates were prescribed by the Election Commission of India for holding the aforesaid election: - - (a) Date for filing nomination: Between 21 -8 -1999 to 28 -8 -1999. (b) Date of scrutiny of nomination: 30 -8 -1999. (c) Date for withdrawal, if any, of nomination: 1 -9 -1999. (d) Date of polling if necessary: 18 -9 -1999. (e) Date for counting of votes: 6 -10 -1999 (f) Date of declaration of result: 7 -10 -1999. The petitioner, respondent and some other candidates had filed their respective, nomination before the Returning Officer within the prescribed dates and one scrutiny, the nomination of the respondent and other candidates the returning Officer. The polling was held accordingly and counting of votes took place on the appointed dates. The respondent (Shri Yashwant Sinha) was declared to be elected to the 13th Lok Sabha from the 48' Hazaribagh Parliamentary Constituency. It is further stated that on 27 -8 -1999 at the time of filing nomination, the assistant Returning Officer handed over a notice to the petitioner for filling up a proforma supported by an affidavit that the petitioner was not sufferings from any disqualification as laid down in Section 8 of the Representation of People Act, 1951 (hereinafter referred to as 'the Act'). The petitioner was required to submit the document immediately and positively before 11 a.m. on 30 -8 -1999 (time and date fixed for scrutiny). After filing her nomination of 27 -8 -1999 the petitioner came back to her home at Ranchi and she decided to file the aforesaid form duly filled in and also the affidavit as required. On 30 -8 -1999 the petitioner's Car broke down on its way from Ranchi to Hazaribagh near Ranchi Road Railway Station at Ramgarh and inspite of her best efforts, she could not reach Hazaribagh at the time of scrutiny. The Returning Officer by his Letter No. 362/ Election dated 2 -9 -1999 informed the petitioner that her nomination was rejected on the ground of non -filing of the information and the affidavit. The aforesaid letter of the Returning Officer reads as under: .........[vernacular ommited text]...........
(3.) IT is stated that the affidavit is not an integral part of the prescribed nomination paper and, therefore, the order of the Returning Officer rejecting the nomination paper is illegal and contrary to the provision of Section 36 of the Act. The Returning Officer empowered to reject the nomination papers only on the grounds as mentioned under Section 36(2) of the Act. The petitioner is fully qualified to be chosen for the seat of Parliament and she has not been convicted for committing any offence and, therefore, the rejection of the nomination paper without having any basis is improper and contrary to the provision of the Act. Hence, the election of the respondent be declared to be void.;