DHARTI PAKAD MADANLAL AGRAWAL GWALIOR Vs. JINENDRA KUMAR JAIN BHOPAL

JUDGEMENT

(1.) By this petition, the petitioner has challenged the election to the Rajya Sabha held on 27-6-1980.

(2.) According to the petitioner, he wanted to contest the election for the Rajya Sabha and for that purpose had filed the nomination paper. He filed his nomination paper on 23-6-1980 after depositing the security amount as required. According to him, on 25-6-1980 when the nomination papers were scrutinized the Returning Officer rejected the nomination paper of the petitioner on the ground that it was not properly filled in as it did not bear the signature of the proposer. Order not filed with the petition.

(3.) The only ground urged in this petition by the petitioner is that Section 33(1) of the Representation of the People Act which requires the nomination paper to be signed by one proposer who is an elector of the Constituency is unconstitutional as under Article 84 of the Constitution a citizen of India who holds the necessary qualifications prescribed in this article is entitled to contest the election to either House of Parliament. According to the petitioner, what right has been given under Article 84 has been taken away by Section 33 (1) of the Representation of the People Act. The Parliament while enacting Section 33 (1), exercising powers under Art, 327 of the Constitution had no authority to deprive the citizen of his right, which, according to the petitioner, vested in him under Article 84 of the Constitution of India.