Deo Narayan Thanvi, J.—By this common order, the applications filed under Order 7 Rule 11 C.P.C. read with Section 80 of the Representation of People Act, 1951, hereinafter referred-to as “the Act” in both the Election Petitions by respondent No.1 Dr.Chandra Shekhar Baid, who was elected as a Member of the Twelfth Legislative Assembly for Rajasthan from Tara Nagar Constituency (21) on 04.12.2003 on the banner of Indian National Congress vide Annex.9, are being disposed-of.

2. Though the main grounds for declaring election to be void in both the Election Petitions are about improper rejection of nomination papers filed by the petitioners as contemplated under Sec. 100(C) of the Act and also not impleading the other contesting candidates as respondents by virtue of Section 82 of the Act but in Election Petition No.5/2004 filed by Bhanwar Singh, an additional ground of corrupt practice committed by respondent No.1, who is a returned candidate, has also been taken, as provided for in Section 100(B) of the Act. Legality of these grounds has been questioned through these applications as preliminary objections by respondent No.1 in the light of various provisions of the Act, which will be dealt with later on, but for the sake of convenience, facts in both these petitions are summarily narrated below:

ELECTION PETITION NO. 1/2004:

3. In this petition, the nomination form of petitioner Umarddin Bahleem was rejected vide Annex.5 on 15.11.2003 by the Returning Officer on the ground that he was convicted on 27.09.2003 in Cr. Case No.8/2000 by the Sessions Judge, Anti Corruption Cases, Bikaner, for the offences under Secs. 409, 467, 468 and 471 IPC and also under Sec. 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to one year’s imprisonment and a fine of Rs.1000/- in each of the offences and the sentences were ordered to run concurrently vide Annex.6 and his sentence was suspended by this Court in appeal vide order dt. 17.10.2003 Annex.7. Petitioner challenged the validity of this order of rejection of nomination form before this Court in S.B. Civil Writ Petition No.6505/2003 which was dismissed on 19.11.2003 vide order Annex.8 with the observation that such rejection of forms are part of cause of action, which is available in the Election Petition. It is alleged that one Banke Lal was convicted by Additional Sessions Judge No.2, Dholpur in Sessions Case No.267/2001 on 28.10.2002 and was sentenced to five years’ rigorous imprisonment and a fine of Rs.1000/- vide Annex.10. He filed appeal against the said order before this Court in Jaipur Bench and his sentence was suspended vide Annex.11 on 12.11.2002 and his conviction was also stayed for two months vide Annex.12 on 16.10.2003 on account of his intention to contest the election in Assembly. Accordingly, his nomination was accepted by the Returning Officer vide Annex.13 on 15.11.2003 from Dholpur (78) Assembly Constituency.

ELECTION PETITION NO. 5/2004:

4. In this petition also, the nomination of petitioner Bhanwar Singh was rejected vide Annex.5 dt. 15.11.2003 on the ground that he was convicted for various offences under Secs. 147, 452, 353 read with Section 149 of the Indian Penal Code by Judicial Magistrate, Tara Nagar in Criminal Case No.224/1993 on 25.01.2002 vide Annex.6 in connection with obstructing polling of Tara Nagar Constituency on 11.11.1993, where petitioner contested as a candidate of Janta Dal. All the sentences were ordered to run concurrently and the maximum sentence was of two years under Sec. 452 read with Sec.149 IPC. The appeal was filed before the learned Additional Sessions Judge, Rajgarh, Churu, where his sentence was suspended on furnishing bail bonds and during the pendency of appeal, the judgment was also stayed on 12.02.2002 vide Annex.7. He also filed writ petition before this Court for illegal rejection of nomination form being No.6535/2003 which was dismissed vide order dt. 19.11.2003 Annex.8 with the observation th

Click Here to Read the rest of this document