Lok Pal Singh, J.

Present election petition is instituted under Article 329 of the Constitution of India read with Section 80 / 81 of the Representation of the People Act, 1951.

2. Brief facts of the election petition are that the Election Commission of India issued a Notification on 20th January 2017, for conducting the election of Assembly Constituencies in State of Uttarakhand, by means of aforesaid Notification the election schedule was notified as under :

-27th January 2017, last date for making nomination;

-30th January 2017, for scrutiny of nomination papers,

-1st February 2017, last date for withdrawal of candidatures;

-15th January 2017, date for polling

-15th March 2017, the date before which the election process be completed.

3. The name of election petitioner was enlisted in the electoral roll of 2017-18 in regard to 23, Doiwala Legislative Assembly Constituency and she was fully eligible to contest the election in said constituency.

4. She submitted her nomination paper on 27th January 2017 to the Returning Officer as an independent candidate along with the ten electorals of 23, Doiwala Legislative Assembly Constituency and also deposited the requisite fee. The respondent nos. 1 to 11 also submitted their nomination forms. It is contended that as per the guidelines and rules framed by the Election Commission of India, it was the duty of the Returning Officer to point out the defect if any in nomination paper. An allegation has been made that the election petitioner, who earlier belongs to the Indian National Congress, she was the suitable candidate, but the respondent no. 6 Sri Heera Singh Bisht succeeded to become the candidate of Indian National Congress, at that point of time the Government was of INC in State of Uttarakhand and the Returning Officer was under the influence of respondent no. 6, the Returning Officer rejected the nomination form of the petitioner for non-signing format 2-Kha Part 3 and Part 2 and declaration and other papers.

5. The election in the State of Uttarakhand for Legislative Assembly were held on 15.02.2017 and result was declared on 11.03.2017, whereby Sri Trivendra Singh Rawat (respondent no. 1 herein) was declared elected as Member of Legislative Assembly of Doiwala constituency.

6. In the election petition the order of rejection of the nomination paper of the petitioner dated 30.01.2017 and consequential order dated 01.02.2017 have been challenged and a prayer has also been made that the election of returned candidate Sri Trivendra Singh Rawat from 23, Doiwala Legislative Assembly Constituency be declared void and the Election Commission of India be directed to notify afresh election for the aforesaid constituency.

7. In election petition allegations have been made that the Returning Officer has worked at the instructions of Sri Heera Singh Bisht, who was the candidate of the then ruling party in the State and the Returning Officer extended his unusual obligation towards the ruling party, i.e., Indian National Congress and illegally and arbitrarily rejected the nomination form of the election petitioner, otherwise there was no such defect which cannot be cured.

8. The cause of action to file the election petition has been described in paragraph 28 of the election petition. The contents of paragraph 28 of election petition are extracted hereunder :

“That the cause of action arose in favour of the petitioner while the respondent no. 3 Returning Officer rejected her nomination form and further on the day when her representation was rejected by respondent no. 2 and on that day when the respondent no.3 was declared a winning candidate from Diowala seat and the cause of action is still continuing.”

9. Initially, the Election Commission of India; State Election Commission of Uttarakhand; Returning Officer of 23 Vidhan Sabha Doiwala / SDM Doiwala, Dehradun; Sri Trivendra Singh Rawat; Sri A. Hameed; Sri Heera Singh Bisht; Sri Gajendra Singh; Sri Balvendra Singh Negi; Smt. Shikha Negi; Sri Subhas