In this petition, election of the returned candidate viz. the respondent to the M.P. Legislative Assembly Constituency No. 143, Silwani has been called in question on the ground of improper rejection of the nomination paper, as contemplated in clause (c) of sub-section (1) of S. 100 of the Representation of the People Act, 1951 (for short 'the Act'). The petitioner has sought declarations to the effect that (a) the order dated 8-12-2008 passed by the Assistant Returning Officer was illegal and (b) election of the respondent to the Constituency is void.

2. The corresponding calendar was notified as under -

(1) Last date for filing of nomination papers 7-11-2008

(2) Scrutiny of nomination papers 8-11-2008

(3) Withdrawal of nomination papers 10-11-2008

(4) Date of election 27-11-2008

(5) Declaration of results 8-12-2008

3. Indisputably on 11-8-2008, the petitioner's nomination paper, a copy of which has been tendered in evidence as Exhibit P-1, was rejected for the reason that he, being an elector of a different constituency namely M.P. Legislative Assembly Constituency Udaipura No. 140, had failed to submit a copy of the electoral roll of that constituency or certification from ERO of