Prabhunath Singh vs Shri Janardan Singh Sigriwal on 20 August, 2015

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Patna High Court - Orders

Prabhunath Singh vs Shri Janardan Singh Sigriwal on 20 August, 2015

Bench: Ravi Ranjan

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Election Petition No.6 of 2014
                  ======================================================
                  Prabhunath Singh
                                                                       .... .... Petitioner/s
                                                  Versus
                  Shri Janardan Singh Sigriwal
                                                                      .... .... Respondent/s
                  ======================================================

                  CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
                  ORAL ORDER

25   20-08-2015

Having heard the parties, the following issues are framed for adjudication of the present election petition:-

(I) Whether the election petition as framed and filed is maintainable in the eye of law?

(II) Whether the election petition should be rejected for non-disclosure of material facts?

(III) Whether the election petition is fit to be rejected for non-compliance of the provisions of section 83 of the Representation of the People Act, 1951(hereinafter referred to as "the Act")? (IV) Whether the nomination paper filed by the respondent-returned candidate from Maharajganj Parliamentary Constituency suffers from non-compliance of the Patna High Court E.P. No.6 of 2014 (25) dt.20-08-2015 2 Constitutional provisions and the orders passed by the Election Commission under Article 324 of the Constitution of India founded on the law declared by the Apex Court under Article 141 of the Constitution of India regarding non-

disclosure, concealment and misinformation in the nomination paper regarding criminal antecedents? (V) Whether the nomination paper of the respondent-returned candidate being in non-compliance of the provisions of the Act and the Rules/orders made thereunder his election is fit to be declared void within the meaning of section 100(1)(d)(iv) of the Act?

(VI) Whether the affidavit filed by the sole respondent along with his nomination paper suffers from material defect because of non-disclosure, concealment and misinformation of his criminal antecedents in the affidavit in prescribed form including Form 26 along with his papers is substantial in nature and hence fit to be rejected which was improperly accepted within the meaning of section 100(1)(d)(i) of the Act?

Patna High Court E.P. No.6 of 2014 (25) dt.20-08-2015 3

(VII) Whether the respondent-returned candidate was an absconder in criminal cases and against him non-bailable warrant of arrest was pending at the time of election process and the date of filing of nomination paper till declaration of the result and hence, the election of the respondent-returned candidate is fit to be declared void?

(VIII) Whether the result of the election is materially affected in view of the respondent himself being the returned candidate in the election in question? (IX) Whether the election of the respondent-

returned candidate is fit to be declared to be void?

(X) Whether the election petition is entitled for any relief or reliefs in the present case?

Put up this case on the next assigned day. I.A. No. 5820 of 2015 This Interlocutory Application has been filed on behalf of the intervenor-respondent Chief Electoral Officer, Bihar, for impleadment in this matter for a limited purpose as by Patna High Court E.P. No.6 of 2014 (25) dt.20-08-2015 4 this Interlocutory Application he seeks release of the Electronic Voting Machines used during the election concerned from the custody of the District Electoral Officer for being used in the forthcoming election. It is submitted that there is no need of keeping the Electronic Voting Machines attached in this matter.

Learned counsel for election petitioner and the respondent also submit that the Electronic Voting Machines are not relevant for deciding the issue involved in the present matter.

Accordingly, this Interlocutory Application is allowed and the Chief Electoral Officer, Bihar, is impleaded as respondent no. 2 in this case for the limited purpose as stated above.

Having regard to the aforesaid discussion since admittedly there is no requirement of keeping the Electronic Voting Machines attached in this case, the same are ordered to be released from the custody of the District Electoral Officer in favour of the respondent no. 3.

(Dr. Ravi Ranjan, J) SC/-

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Patna High Court - Orders