Pradeep Nandrajog, J.

1. Jaspal Singh was a contesting candidate for the election to the Delhi Legislative Assembly held in December 2003. He contested from Tilak Nagar Assembly Constituency (AC-14). Sudarshan Khatri claims to be a voter in the said Assembly Constituency. One S. Ranjit Singh son of late Gopal Singh R/o 20B/78A, Tilak Nagar, New Delhi had filed a nomination paper to contest the ensuing elections from said Assembly Constituency. Vide order dated 15.11.2003 the returning officer rejected the nomination paper filed by S. Ranjit Singh by passing the following order:

I have examined the nomination paper in accordance with Section 36 of The Representation of the People Act, 1951 and decided as follows:

Nomination paper examined with its enclosures and following deficiencies noted:

(i) Affidavit as prescribed by ECI not complete and not attested by Notary on all the pages and verification also unattested.

(ii) In affidavit on form 26, candidate did not declare in para 2 whether he is/not convicted of an offence.

On the above ground, nomination paper is rejected.

2. No evidence has been recorded in the election petitions for the reason learned Counsel for the parties conceded that the issue may be decided treating that order dated 15.11.2003 as noted hereinabove was indeed passed by the returning officer as also that the affidavit filed by S. Ranjit Singh did not comply with the requirement of para 2 of the affidavit prescribed as per Form No. 26 prescribed under Rule 4A of the Conduct of Elections Rules 1961. Learned Counsel for the parties jointly submitted that the issue may be decided with reference to Section 100(1)(c) of the R.P. Act 1951 as per which the election of a returned candidate is liable to be declared void on account of an improper rejection of a nomination paper filed by a person desirous of contesting the election.

3. The controversy between the parties needs to be adjudicated with reference to the provisions of Section 33, 33A and Section 36 of the R.P. Act 1951 read with Rule 4A of the Conduct of Elections Rules 1961 and Form 26 prescribed under the Rules pursuant to Rule 4A aforesaid.

4. At the outset it may be noted that Section 33A of the R.P. Act 1951 was inserted in the statute book by Act No. 72 of 2002 with effect from 24.8.2002. The said Section reads as under:

33A . Right to information.-

.(1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made there under, in his nomination paper delivered under Sub-section (1) of Section 33, also furnish the information as to whether:

.(i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction;

.(ii) he has been convicted of an offence other than any offence referred to in Sub-section (1) or Subsection (2), or covered in Sub-section (3), of Section 8 and sentenced to imprisonment for one year or more.

.(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under Sub-section (1) of Section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in Sub-section (1).

.(3) The returning officer shall, as soon as may be after the furnishing of information to him under Sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under Sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.

5. Section 33 of the R.P. Act 1951 as amended by Act No. 27 of 1956 reads as under:

33: Presentation of nomination paper and requirements for a valid nomination.-

(1) On or before the date appointed under Clause (a) of Section 30 each candidate shall, either in person or by his proposer, between the hours of eleven