The single bench of Rajasthan High Court headed by Justice VS Siradhana has issued notices to Congress General Secretary and Rajasthan in-charge Gurudas Kamat, former Congress state president Dr. Chandra Bhan, Returning officer Ramganj Mandi, Congress candidate Babulal Meghwal who lost the poll, District election officer, chief election officer Rajasthan and the winning BJP candidate Chandrakanta Meghwal.
The notices were issued on an election petition filed by Babulal Meghwal (advocate), challenging the improper acceptance of the nomination paper filed by Babulal Meghwal, son of Nandlal for the assembly elections, for Congress Party for Ramganjmandi constituency in Rajasthan.
According to the counsel for the petitioner, Kaleem Ahmad Khan, improper acceptance of the nomination paper filed by a candidate amounts to violation of Section 100 of the Representation of the People Act 1951. He further stated that at the time of scrutiny, such incomplete nomination paper must be rejected by the returning officer, exercising the power delegated to him under Section 36 of the said Act. In such a case, the High Court can set aside the result of the election conducted in the constituency as a whole. Kaleem Ahmad Khan is State Secretary General of the Association for Protection of Civil Rights (APCR).
The petitioner said that in the assembly election of 2013, Babulal Meghwal S/O Nandlal filed nomination papers as a Congress candidate. He was issued a symbol from Congress Party, which is a registered and recognised national party. As per provision of election symbols (Reservation and Allotment) order 1968, the name of step-in candidate must be proposed by the candidate, but he submitted the Form B, issued by the state president of his party, leaving blank the prescribed performa including the name of step-in candidate as well as his own address. This incomplete Form B, ought not to be accepted by the returning officer, but the provisions of the Act were ignored as well as the rule not followed. All the respondents have been issued notices returnable up to 25th of March 2017.
[The writer is Media Secretary, Jamaat-e-Islami Hind, Rajasthan]