1978 Supreme(Del) 26
High Court Of Delhi
BHARAT BHUSHAN - Appellant
Versus
VED PRAKASH - Respondent
Election 1 of 1977
Decided On : 02/10/1978
Advocates Appeared:
A.C.SHUBH, C.L.CHAUDHRY, D.D.Chawla, R.P.Bansal
substantial character. As already pointed out S. 33 (1) requires that a nomination paper should be completed in all respects in the prescribed form giving the electoral roll number of the candidate which includes the name of the constituency, the serial number of the part and the serial number of the entry in that part. The candidate's name cannot be located in the roll unless these particulars are furnished. Under S. 35, the Returning Officer shall cause to be affixed a notice of the nomination containing description similar to those contained in the nomination paper, both of the candidate and of the proposer. Under R. 7 of the Conduct of Election Rules, 1961 the notice of nomination under S. 35 shall be in such one of the forms 3-A to 3-C as may be appropriate. Each of these forms require the tabulation of the electoral roll number of the candidate as well as of the proposer under separate columns. Mr. Bansal is not right in his submission that it is to be in Form 4 which does not require the particulars of electoral roll number. Form 4 is for the preparation of list of validly nominated candidates after the decision of scrutiny and is to be affixed under S. 36 (8) as per R. 8. The list of nominated candidates prepared under Para 11 of Chap. II of the Hand Book for Returning Officers is only for the purpose of sending it to the Chief Electoral Officer and Superintendent of State Government Press. Para 9 of the same chapter provides tor the publication on the notice board a notice of nominations in Form 3-A (S. 35 ). This notice is to be affixed after 3 P. M. each day and also on the last day of the filing of the nomination papers. The object of this information displayed at the notice board is to enable the other candidates/electors who might be interested in checking up the identity and eligibility of the candidates and proposers and to give them time to scrutinize and be ready to raise objections against the nomination papers. The legislature does not expect from the other candidates/electors to entail laborious search in the roll to find out the eligibility. It is humanly impossible to search the electoral rolls in a day or two, especially when the elections relate to a parliamentary constituency where the voters run into lakhs. The giving of a wrong electoral roll number in this case which is not in the nature of an inaccurate description, is the same as omission of the electoral roll number. In this case the other candidates would have come to know from the notice displayed on 18-5-1977 that Shri Devinder Kumar is an elector of a different constituency and he may have either filed along with the nomination papers or may produce at the time of scrutiny the requisite certified copy. The other candidates are only put to notice to check up whether that candidate is subject to a disqualification mentioned in S. 16 of the Representation of the People Act, 1950, otherwise the certified copy of an entry in the electoral roll has been made conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency. The objections can be raised only on the date of scrutiny before the Returning Officer. On the date of scrutiny, the intention of the legislature is that the other candidates/electors should be in a position to raise all possible objections before the scrutiny of a particular nomination starts. The legislature, therefore, required under S. 35 of the Act to affix a notice of nomination containing description similar to those contained in the nomination papers, both of the candidate and of the proposer. The Returning Officer can give the facilities for examining the nomination papers of all the candidates only on the date of scrutiny. For these reasons the completion of the nomination form in the prescribed form giving the name of the constituency the serial number of the part and the serial number of the entry in that part is not any empty formality. The object of the details to be men
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