The proper procedures for nomination acceptance as outlined in the Representation of the People Act were followed, validating the election outcome.

JUDGMENT

Jayant Banerji, J.

The aforesaid election petition has been preferred under Sections 80, 80-A, 81 and 100 of the Representation of the People Act, 1951 seeking declaration of the election of the returned candidate from 368 Legislative Constituency, Mungra Badshahpur, District Jaunpur of Samajwadi Party, namely, Pankaj s/o Phoolchand, r/o Village-Chakanawabad, Post Barahata, District Jaunpur in Uttar Pradesh General Legislative Assembly Election-2022, as void on the ground that the nomination of the respondent, Pankaj, was wrongly and improperly accepted and two nomination forms of candidates namely, Dileep Rai Balwani and Sunita Devi were wrongly and improperly rejected. It is pertinent to mention at the outset that neither Dileep Rai Balwani nor Sunita Devi have been impleaded in this petition.

2. Briefly, it is stated in the petition that the election schedule for Uttar Pradesh General Legislative Assembly Election-2022 was announced by the Election Commission of India on 08.01.2022. On 14.02.2022, the petitioner attempted to submit his nomination form as independent candidate before the concerned Returning Officer but he refused to accept the nomination without the physical appearance of all the ten proposers, and directed the petitioner to produce the ten proposers and that is why the nomination form of the petitioner could not be submitted on 14.02.2022. On 16.02.2022, the Samajwadi Party changed its earlier election candidate Pankaj s/o Phoolchand (respondent no.1 herein) and designated Dileep Rai Balwani s/o Shyam Bali as the new election candidate for the aforesaid legislative constituency by issuing an authority letter to the concerned Returning Officer. On 17.02.2022, the petitioner submitted his nomination form as an independent candidate for the aforesaid legislative constituency along with all requisite papers and presence of ten proposers and the nomination receipt was issued by the concerned Returning Officer on the same day. Both the candidates of Samajwadi Party, firstly Pankaj s/o Phoolchand, and secondly, Dileep Rai Balwani s/o Shyam Bali, submitted their nomination forms before the concerned Returning Officer on 17.02.2022, which was the last date for submission of the nomination form till 3:00 p.m. On 18.02.2022, scrutiny of nomination forms was conducted and declaration of accepted and rejected nominations could not be made on 18.02.2022 till 8:00 p.m. even though such declaration of remaining 8 other legislative constituencies of the District Jaunpur, except the aforesaid legislative constituency, was made at 3:00 p.m. on that day. The declaration of accepted and rejected nomination was made at 9:00 p.m. at night for the aforesaid legislative constituency.

3. It is stated that the result of declaration of accepted and rejected nomination forms disclosed that the nomination form of Pankaj (respondent no.1) was wrongly and improperly accepted. Two nomination forms were allegedly wrongly and improperly rejected, firstly of Dileep Rai Balwani from Samajwadi Party and secondly, of Sunita Devi, who was an independent candidate. It is stated that the aforesaid nomination forms were accepted and rejected because the Returning Officer and other authorities were under pressure of high profile politicians.

4. It is stated that the nomination form of the respondent from Samajwadi Party was wrongly and improperly accepted because the father of the respondent was posted as Civil Judge in the Uttar Pradesh Judicial Service and it seems that there is 'doubtful' good relation between Phoolchand, who is the father of the respondent and the Returning Officer, which caused biased conduct by the Returning Officer. On 21.02.2022, after withdrawal of nomination form by some candidates, the pe