The signature of a candidate on a nomination paper is an essential requirement of the rules and its absence is a substantial defect, rendering the nomination invalid.

Chainani, C.J.

1. The facts giving rise to this petition are briefly these. The general elections for electing councillors of the Poona Municipal Corporation are to be held on 23rd September 1962. The last date for filing nomination papers was 3ist August 1962, 5th September 1962 was fixed as the date for scrutiny of nomination papers. The petitioner and opponent No. 2 had filed nomination papers from Ward No. 4. Opponent No. 2 submitted three nomination papers Nos. 32, 33 and 34. These nomination papers did not bear his signature. An objection was, therefore, raised that as opponent No. 2 had not signed the nomination papers, as required by Clause (c) in Sub-rule (2) of Rule 9 of the Election Rules contained in the Schedule Jo the Bombay Provincial Municipal Corporations Act, the nomination papers were invalid. The Municipal Commissioner, who is the Returning Officer, heard all the parties and thereafter overruled the objection. In his opinion two points arose for consideration:

(1) Whether willingness of the candidate to accept the nomination must be signified by his signature only and in no other manner.

(2) If signature is not obligatory and a candidate may express his willingness in some other manner, whether Shri Mithapalli has clearly expressed his willingness to accept the nomination. On the first point the Municipal Commissioner took the view that the signature of the candidate is required for the purpose of knowing whether he is willing to accept the nomination, that although it is advisable that the candidates willingness should be signified by signature, it would be adequate if the purpose is fulfilled in some other manner and that consequently the mere absence of the signature of the candidate would not by itself invalidate the nomination, if the candidate has signified his willingness unambiguously in some other manner. On the second point the Municipal Commissioner took into consideration the facts that opponent No. 2 had himself obtained three blank nomination papers from the Municipal Commissioner and had personally signed on the counterfoils for having received the blank forms, that he himself had paid the deposit of Rs. 100 on 31st August 1962 as required by Election Rule No. 10, that the receipt for this amount had been issued in his name and that opponent No. 2 had personally handed over three nomination papers to the Municipal Commissioner. In his opinion these facts clearly indicated that he was not only willing, but even anxious to accept the nomination and to stand for the election. The Municipal Commissioner, therefore, held the nomination of opponent No. 2 to be valid. The order passed by him is being challenged before us in this petition.

2. In order to consider the various arguments which have been advanced before us, it is necessary to refer to the relevant provisions of the Bombay Provincial Municipal Corporations Act and the Rules. Section 14 of the Act states that elections of councillors shall be held in accordance with the rules. Sub-section (1) of Section 16, in so fat as it is material, provides that if the validity of any election is questioned, whether by reason of the improper rejection by the Commissioner of a nomination ......... any person enrolled in the municipal election roll may, at any time within, ten days after the result of the election has been declared, submit an application to the Judge for the determination of the question. One of the grounds on which the election may, therefore, be questioned is that the Commissioner had improperly rejected a nomination paper- or nomination papers. Section 403 lays down the procedure, which is to be followed in an election inquiry Sub-section (3), in so far as it is material, states , that if, after making such inquiry as he deems necessary, the Judge finds that ......... the result of the election has been materially affected by the improper acceptance or rejection of any nomination or by reason of the fact that any person nominated