RAKESH KUMAR versus SUNIL KUMAR

RAKESH KUMAR versus SUNIL KUMAR

The refusal by the Returning Officer to grant an opportunity to the respondent and rejection of his nomination paper without allowing time to rebut a suo motu objection was an arbitrary and illegal exercise of discretion under Section 36(5) of the Representation of People Act, 1951; it was obligatory to grant such time, and the failure rendered the election void.

Parties
Appellant: Rakesh Kumar; Respondent: Sunil Kumar
Jurisdiction
India
Judgment Date
09 February 1999
Procedural Posture
Civil Appeal / Appeal From Single Judge Decision on Election Petition
Outcome
Appeal dismissed
Legal Topics
Nomination Paper Scrutiny, Opportunity to Rebut Objection, Arbitrary Exercise of Discretion by Returning Officer, Representation of People Act 1951
Election Law Nomination Paper Scrutiny Opportunity to Rebut Objection Arbitrary Exercise of Discretion by Returning Officer Representation of People Act 1951

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Parties

Rakesh Kumar

Appellant

Sunil Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From Single Judge Decision on Election Petition

Legal Issues

  1. 1 Whether refusal by Returning Officer to grant opportunity to rebut objection and rejection of nomination paper was arbitrary and illegal
  2. 2 Scope of Section 36(5) of the Representation of People Act, 1951 after amendment to Section 33(1)
  3. 3 Requirements for valid nomination under Representation of People Act

Ratio Decidendi

The refusal by the Returning Officer to grant an opportunity to the respondent and rejection of his nomination paper without allowing time to rebut a suo motu objection was an arbitrary and illegal exercise of discretion under Section 36(5) of the Representation of People Act, 1951; it was obligatory to grant such time, and the failure rendered the election void.

Court Disposition

Appeal dismissed

Orders

  • Election petition allowed
  • Election of appellant set aside