IMPORTANT POINT
The failure to rectify substantial defects in a nomination paper justifies its rejection under the Representation of People Act, 1951.

ORDER :

Rakesh Mohan Pandey, J.

1.Respondent No.4/Returned Candidate has filed an application (I.A. No. 02/2024) under Order VII Rule 11 of the Civil Procedure Code (for short 'CPC') read with Section 86 of the Representation of People Act, 1951 (for short 'the Act, 1951') for dismissal of the election petition.

2.The facts of the present case are that the Second Phase of the General Election to the Legislative Assembly of the State of Chhattisgarh was notified on 21st October, 2023. The last date for submission of the nomination form was 30th October, 2023. The date of scrutiny of nomination papers was 31st October, 2023. 02nd November, 2023 was scheduled for withdrawal of nomination papers. The date of the Poll was 17th November, 2023 and the date of counting was 03rd December, 2023. The election petitioner is a voter for Legislative Assembly, Constituency Circle No. 11, Sitapur, District Surguja, Chhattisgarh and his name is mentioned at Serial No. 627, Epic No. MP/12/096/144354. He filed his nomination paper as an independent candidate for Legislative Assembly, Circle No. 10 Ambikapur, District Surguja on the last date of nomination i.e. 30.10.2023 at 02:30 PM and the receipt in this regard was issued to the petitioner. The petitioner has pleaded that he was asked by the Returning Officer to produce two proposers as the names of two proposers were missing from the nomination paper, but when he came along with two proposers, he was restrained from entering the office of the Returning Officer and later on, it was informed that there was no discrepancy with regard to proposers. On 30.10.2023 at about 05:15 pm, the Returning Officer issued a checklist raising certain objections in the nomination form. The mistakes were - (i) the name and number of State Legislative Constituency in Part 'B' point No. 3 were left blank; (ii) the election circle was not mentioned in Form 26; (iii) social media details were not given; (iv) details with regard to criminal cases were not mentioned; (v) status of government accommodation was not mentioned; (vi) details about government vehicles were not given and (vii) there was no declaration with regard to the photograph of election petitioner, and photograph and the name of election agent was also not mentioned. It is further pleaded that the petitioner approached the Returning Officer to rectify those mistakes, but he was not permitted to rectify the same and at the time of scrutiny, his nomination paper was rejected on 31.10.2023. It is mentioned in the rejection order that a notice was issued to the petitioner to rectify the mistakes or to submit a fresh affidavit, but he failed to submit a fresh affidavit and the defects are of a substantial nature, therefore, the nomination paper is rejected.

3.It is further pleaded by the petitioner that on 31.10.2023 at 11:10 am, the petitioner approached the Returning Officer to rectify the mistakes, but he was not permitted. It is pleaded that the petitioner made representations/complaints through e-mail to the respondent authorities on 30.10.2023; 31.10.2023 and 03.11.2023 for redressal of his grievances, but no heed was paid. It is also pleaded that Writ Petition (C) No. 4866/2023 was filed challenging the rejection of the nomination paper and said petition was dismissed as not maintainable vide order dated 10.11.2023. The election petitioner further pleaded that he collected documents under the Right to Information Act and thereafter filed this election petition on 16.01.2024 within limitation along with a security deposit of Rs.2,000/-.

4.Notices were issued to the respondents including returned candidate/respondent No. 4. An application has been filed by the returned candidate under Order VII Rule 11 of CPC read with Section 86 of the Act, 1951 for dismissal of the election petition on the ground that the election petitioner submitted his nomination paper on the last date i.e. 30.10.2023 at 02:30 pm just half an hour prior to the closing time. The Returni