Ramcharan vs. Anupriya Patel

Court No. - 36

Case :- ELECTION PETITION No. - 18 of 2019

Petitioner :- Ramcharan Respondent :- Anupriya Patel And Another Counsel for Petitioner :- In Person

Hon'ble Mrs. Sunita Agarwal,J.

The election petition has been filed on the ground of improper rejection of the nomination paper of the election petitioner ie: under Section 100(1)(c) of the Representation of the People Act 1951. The report of rejection of nomination paper is disputed by the election petitioner with the assertion that two nomination papers dated 25.4.2019 and 29.4.2019 were filed with the requisite affidavits in the prescribed proforma but the Returning Officer had illegally with malafide intention to provide benefit to the winning candidate namely respondent no.1 herein, had rejected the same on 25.4.2019 and 29.4.2019. The rejection of nomination paper amounts to adoption of the corrupt practices in election so as to benefit the winning candidate.

Notice of election petition shall be issued to respondent nos.1 and 2 by ordinary process as well as by registered post in terms of Rule 6 of Chapter XV-A of the Allahabad High Court Rules,1952 returnable at an early date. Publication be also made in terms of Clause (b) of Rule 6 of Chapter XV-A of the Rules.

Learned counsel for the petitioner has to take steps, accordingly.

On or before the next date fixed, the respondents shall appear and answer the claim and if they wishes to put up the defence, they shall file their written statement together with a list of all documents whether in their possession or power or not upon which they intends to rely as evidence in support of their defence, in terms of Rule 5 of Chapter XV-A of the High Court Rules. In default of appearance being entered on or before the date fixed the election petition may be heard and determined in their absence as per the procedure in Rule 6 as contained in Chapter XV-A of the Allahabad High Court Rules, 1952.

List this matter on 28.8.2019 at 3:00 p.m.

Order Date :- 31.7.2019 Harshita