Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 100(1) (c) Representation of the People Act Rejection of nomination papers 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951-Section 100(1) (c)-Rejection of nomination papers of appellant by Returning Officer on the ground that they were filed after the closing time on last date fixed-High Court dismissing the Election Petition-Correctness of-Held, on facts and evidences, nomination papers have been filed before the expiry of due date fixed-Returning Officer has committed fraud by making interpolations in the nomination papers of the appellant-Hence, allowing the appeal, the election of the respondent declared void-Election Symbols (Reservation and Allotment) Order, 1968. Election Commission of India issued a notification for holding elections in State Legislative Assembly. Appellant and respondent filed their nominations for contesting election in a particular Constituency. The appellant filed four sets of nomination papers. The nomination papers were rejected by the Returning Officer on the ground that they were submitted by the appellant at 4.10 pm on 23.1.2002 i.e. beyond the closing time of 3.00 pm fixed on the last date for filing of the nomination papers. The appellant could not contest the election and the respondent was declared to be elected from the Constituency. The appellant filed an Election Petition under sections 80 and 81 of the Representation of the People Act, 1951 challenging the election of the respondent to the State Legislative Assembly contending that he filed four sets of nomination papers along with Forms A and B as prescribed by the Election Symbols (Reservation and Allotment) Order, 1968 before the Returning Officer on 22.1.2002 itself i.e. a day prior to the last date fixed for filing nomination papers; that the Returning Officer, after scrutiny of the nomination papers, informed the appellant that the same were valid and passed orders in Hindi on all the nomination papers to the effect "after scrutiny found valid"; that while he was on his way back to his Constituency form the office of the Returning Officer, when he was informed that the Returning Officer has rejected his nomination papers, he immediately returned and found the office of the Returning Officer closed; that, thereafter, he immediately made complaints to observer, Chief Election Commissioner and other authorities about the illegal arid improper rejection of his nomination papers by the Returning Officer; and that he later received an official communication from the Returning Officer intimating him that his nomination papers were rejected on the ground that Forms A and B were filed at 4.10 pm on 23.1.2002. The appellant stated in his pleadings that the Returning Officer had made interpolations by adding the Hindi word "Aa" before the word "vaidh" •. The respondent contended before the High Court that the Returning Officer rightly rejected the nomination papers of the appellant on the ground that Forms A and B were filed after the closing time of the last date fixed for filing nominations. The High Court, after appraisal of oral and documentary evidence, dismissed the election petition of the appellant. Hence this appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 294 |
Petitioner | Anil Baluni |
Respondent | Surendra Singh Negi |
SCR | [2005] Supp. (1) S.C.R. 595 |
Judgement Date | 2005-07-14 |
Case Number | 6521 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |