::: Downloaded on - 19/08/2015 23:58:20 :::The respondent No.1 has filed his written statement and opposed the claim made by the petitioner.He has also filed an application under Order VII, Rule 11(a) of the Civil Procedure Code for rejection of the petition on the objection that "the present election petition does not contain statement of material facts as to how the result of the election is materially affected, in so far as it concerns the returned candidate.Section 32 provides that a person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to fill that seat under the provisions of the Constitution and the said Act.Section 33 relates to the presentation of nomination ::: Downloaded on - 19/08/2015 23:58:20 ::: 5 ep1.14.odt paper and requirements for a valid nomination.::: Downloaded on - 19/08/2015 23:58:20 :::Presentation of nomination paper and requirements for a valid nomination.--(1) On or before the date appointed under clause (a) of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven O'clock in the forenoon and three O'clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer:In terms of the aforesaid provision, the nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer, is to be delivered to the Returning Officer.In terms of 36 of the said Act, the nomination paper is to be scrutinized by the Returning Officer.Section 36(2) provides that the Returning Officer, on the objections filed to any nomination or on his own motion, may hold a summary enquiry in connection thereof.(4) The returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character."::: Downloaded on - 19/08/2015 23:58:20 :::A nomination can be rejected on several grounds mentioned in Section 36(2)(a) to (c) and clause (b), which is relevant, is that there has been a failure to comply with any of the provisions of Section 33 or Section 34 of the said Act. Sub-section (3) is in the nature of exception and creates a bar to reject the nomination paper on the ground of any irregularity.Sub-Section (4) provides that the Returning Officer shall not reject any nomination paper on the ground of any defect, which is not of a substantial character.The present election petition is filed challenging the election of the respondent No.1 on the grounds mentioned in Section 100(1)(d)(i) and (iv) of the said Act. Section 100(1) of ::: Downloaded on - 19/08/2015 23:58:20 ::: 10 ep1.14.odt the said Act being relevant is reproduced below :In para 6, it is stated that along with the nomination paper (Annexure III), the respondent No.1 submitted affidavit dated 26-9-2014 in Form No.26 mentioned criminal cases pending against him and the copy of the affidavit is annexed as Annexure IV.The relevant contents of affidavit in Form No.26, filled in and said to have been delivered by the ::: Downloaded on - 19/08/2015 23:58:20 ::: 12 ep1.14.odt respondent No.1 are reproduced below :::: Downloaded on - 19/08/2015 23:58:20 :::(5) I am not accused of any offence(s) punishable with imprisonment for two years or more in pending case(s) in which a charge(s) has been framed by the court(s) of competent jurisdiction.If the deponent is accused of any such offence(s) he shall furnish ::: Downloaded on - 19/08/2015 23:58:20 ::: 13 ep1.14.odt the following information:-::: Downloaded on - 19/08/2015 23:58:20 :::(i) The following case(s) is/are pending against me in which charges have been framed by the court for an offence punishable with imprisonment for two years or more:-(a) Case/First Information Report No. FIR No.252/91 P.S. together with complete details of Sitabuldi Nagpur concerned police station/ District/State(b) Section (s) of the concerned Act(s) and 147, 148, 324 I.P.C. short description of the offence(s) for which charged(a) Name of the Court, Case No. P.S. Sitabuldi, J.M.F.C. No.2, and date of order taking Case No.11390/09, Dt.10/08/2009 cognizance Case No.10009/09 Dt.16/07/2009 Case No.164/98, Dt.13/02/1998 Case No.1303/96, Dt.05/10/1996 ::: Downloaded on - 19/08/2015 23:58:20 ::: 14 ep1.14.odt Case No.573/93, Dt.20/05/1993 Case No.219/98, Dt.26/02/1998 Case No.962/09, Dt.21/01/2009 Case No.18282/06::: Downloaded on - 19/08/2015 23:58:20 :::(b) The details of cases where the Section 135 B.P. At 143, 147,148, court has taken cognizance, 323 IPC, 143, 427, IPC, section (s) of the Act(s) and all cases are registered for description of the offence(s) for agitations.which cognizance taken(c) Details of Appeal(s)/ N.A.Applications for revision (if any) filed against the above order(s)(a) Name of the Court, Case No. P.S. Sadar, J.M.F.C. No.6, and date of order taking Case No.28/04, Dt.13/02/2004 cognizance Case No.13871/08 Dt.22/09/2008 Case No.14170/09, Dt.24/09/2009(b) The details of cases where the Section/143, 147,148,323, 427, IPC, court has taken cognizance, 135, BP.(c) Details of Appeal(s)/ N.A.Applications for revision (if any) filed against the above order(s)(a) Name of the Court, Case No. P.S. Dhantoli, J.M.F.C.No.2, ::: Downloaded on - 19/08/2015 23:58:20 ::: 15 ep1.14.odt and date of order taking Case No.5652/09, Dt.25/04/2009 cognizance Case No.945/2000::: Downloaded on - 19/08/2015 23:58:20 :::(b) The details of cases where the Section/188, 171 (g 34), IPC, 135, court has taken cognizance, B.P.section (s) of the Act(s) and all cases are registered for description of the offence(s) for agitations.(a) Name of the Court, Case No. P.S. Ganeshpeth, J.M.F.C.No.1, and date of order taking Case No.14315/09, Dt.29/09/2009 cognizance Case No.4240/10 Dt.05/05/2010(b) The details of cases where the Section/3,4, 135, B.P. court has taken cognizance, all cases are registered for section (s) of the Act(s) and agitations.description of the offence(s) for which cognizance taken(c) Details of Appeal(s)/ N.A.Applications for revision (if any) filed against the above order(s)(a) Name of the Court, Case No. P.S. Ambazari, C.J.M.and date of order taking Case No.331/05, Dt.27/04/2005 cognizance Case No.333/05 Dt.27/06/2005(b) The details of cases where the Section/188 IPC, court has taken cognizance, all cases are registered for section (s) of the Act(s) and agitations.::: Downloaded on - 19/08/2015 23:58:20 :::(a) Name of the Court, Case No. P.S. Koradi, J.M.F.C.No.6, and date of order taking Case No.2815/09, Dt.04/03/2009 cognizance(b) The details of cases where the Section/188,IPC, court has taken cognizance, all cases are registered for section (s) of the Act(s) and agitations.description of the offence(s) for which cognizance taken(c) Details of Appeal(s)/ N.A.Applications for revision (if any) filed against the above order(s)(a) Name of the Court, Case No. P.S. Kotwali, J.M.F.C.No.8, and date of order taking Case No.427/99, Dt.13/08/2009 cognizance(b) The details of cases where the Section/134, 135, B.P. Act court has taken cognizance, all cases are registered for section (s) of the Act(s) and agitations.::: Downloaded on - 19/08/2015 23:58:20 :::(a) Name of the Court, Case No. P.S. Wadi, J.M.F.C.No.8, and date of order taking Case No.305/99, Dt.30/09/1999 cognizance Case No.307/99, Dt.08/10/1999(b) The details of cases where the Section/188, 134, 135, IPC, court has taken cognizance, all cases are registered for section (s) of the Act(s) and agitations.description of the offence(s) for which cognizance taken(c) Details of Appeal(s)/ Applications for revision (if N.A.any) filed against the above order(s) (6) I have not been convicted of an offence(s) (other than any offence(s) referred to in sub-section (1) or sub-section (2) or covered in sub-section (3), of Section 8 of the Representation of the People Act, 1951 (43 of 1951) and sentenced to imprisonment for one year or more.If the deponent is convicted and punishable as aforesaid, he shall furnish the following information:In the following cases, I have convicted and sentenced to imprisonment by a court of law:::: Downloaded on - 19/08/2015 23:58:20 :::In para 7, it is alleged that the petitioner searched the information regarding the pending criminal matters against the respondent No.1 and verified it from the official website of District Court, Nagpur.While searching the information, the petitioner came to know about the two criminal matters, which are not mentioned by the respondent No.1 in his affidavit in Form No.26 submitted along with his nomination paper."i) Regular Criminal Case No.343/2003 - Madanlal Parate vs. Shri Hastak & others pending before the 21 st Jt.Civil Judge, Junior Division and Judicial Magistrate First Class, Nagpur (Corporation Court No.2); and ::: Downloaded on - 19/08/2015 23:58:20 ::: 19::: Downloaded on - 19/08/2015 23:58:20 :::ii) Summary Criminal Case No.231/1996 -Madanlal Parate vs. Devendra Fadnavis pending before the 15th Civil Judge, Junior Division and Judicial Magistrate First Class, Nagpur (JMFC Court No.6)."It is further alleged that the respondent No.1 has signed the personal release bond of Rs.3,000/- on 18-9-2010, i.e. Exhibit 28, before the Judicial ::: Downloaded on - 19/08/2015 23:58:20 ::: 20 ep1.14.odt Magistrate First Class, Court No.2, Nagpur.The petitioner has annexed the copy of the complaint as Annexure VII.::: Downloaded on - 19/08/2015 23:58:20 :::The petitioner has annexed the copies of complaint and bail bond as Annexures VIII and IX.It is further alleged that the non-disclosure has materially affected the election of the respondent No.1 as a successful candidate and, therefore, the petition is being presented under Section 100(1)(d)(i) and (iv) of the said Act.::: Downloaded on - 19/08/2015 23:58:20 :::By way of amendment introduced in para 27-A in the election petition, which was allowed by consent of the parties on 17-4-2015, it is alleged that the respondent No.1 also concealed the materials facts in his affidavit dated 26-9-2014 filed along with his nomination paper.The concealment is made in column (5)(i) about the Sections under which the chargesheet has been filed by the Police Station Officer, Sitabuldi, in Crime No.252 of 1991 under various Sections 149, 294, 448, 324 and 336 along with Sections 147, 148 and 325 of the Indian Penal Code (Sections 147, 148 and 324 of the Indian Penal Code were ::: Downloaded on - 19/08/2015 23:58:20 ::: 22 ep1.14.odt only disclosed by the respondent No.1).It is further alleged that the concerned Judicial Magistrate First Class has accordingly framed the charges against the respondent No.1 even under the other Sections of the Indian Penal Code, which are not mentioned by the respondent No.1 in column 5(i).::: Downloaded on - 19/08/2015 23:58:20 :::This petition seeks a declaration essentially in terms of prayer clause (4), which is reproduced below :"4] declare that the Respondent no.1's nomination had been improperly accepted by the Respondent no.5 for the Maharashtra Legislative Assembly Election, 2014 for the 52, South-West Nagpur Constituency, Nagpur and the election of the Respondent no.1 i.e. returned candidate is void due to non-compliance of the provisions of Constitution of India, The Representation of People Act as well as the Rules and Orders framed thereunder and the other laws."It is not necessary to reproduce the other prayer clauses made in the petition.::: Downloaded on - 19/08/2015 23:58:20 :::::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::Association for Democratic Reforms and another, reported in (2002) 5 SCC 294, is a milestone and triggered electoral reform in the country, which has led to introducing the said provision.The Apex Court has held that it was incumbent upon every candidate, who is contesting the elections, to give information about his criminal background, which requirement is not only essential part of fair and free elections, but also every voter has a right to know about the details of the candidate and such requirement is also covered by freedom of speech granted under Article 19(1)(a) of the Constitution of India.::: Downloaded on - 19/08/2015 23:58:21 :::We may give an example at this stage.It can be stated with certitude that this can definitely be called antecedents for the limited purpose, that is, disclosure of information to be chosen as a representative to an elected body."::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::(i) The object and purpose of introducing Section 33-A of the Representation of the People Act, 1951 calling information in Form No.26 on affidavit under Rule 4-A of the Conduct of Election Rules is to effectuate the fundamental right of freedom of speech and expression, as granted to the voters under Article 19(1)(a) of the Constitution of India, to know the criminal antecedents of the candidates at an election, which is necessary concomitant for a free and fair election.[Para 18](ii) The candidate filing an affidavit with false information as well as the candidate leaving particulars in the affidavit blank, are treated on par, resulting in breach of fundamental right guaranteed under Article 19(1)(a) of the Constitution of India, rendering affidavit ::: Downloaded on - 19/08/2015 23:58:21 ::: 33 ep1.14.odt nugatory.The exercise of electoral right would not be an advised one and he will be exercising his franchisee with the misinformed ::: Downloaded on - 19/08/2015 23:58:21 ::: 34 ep1.14.odt mind.[Paras 21 and 22]::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::Such petition is not required to be supported by an affidavit, as contemplated by the proviso to Section 83(1) and there is no other legal impediment in treating this petition on the ground under Section 100(1)(a) of the said Act. Though this petition challenges the election of the ::: Downloaded on - 19/08/2015 23:58:21 ::: 36 ep1.14.odt respondent No.1 on the grounds under Section 100(1)(d)(i) and::: Downloaded on - 19/08/2015 23:58:21 :::After the petition was closed for orders on 10-7-2015, the petitioner filed an affidavit in Form No.25 under Rule 94-A of the Conduct of Election Rules on 13-7-2015 stating that it is in support of the allegation of corrupt practice of "undue influence"::: Downloaded on - 19/08/2015 23:58:21 :::According to him, the petition challenges the election of the respondent No.1 on the grounds under Section 100(1)(d)(i) and(iv) of the said Act and, therefore, the petitioner has to specifically plead and prove the material fact that the result of the election "insofar as it concerns the returned candidate" has been materially affected by improper acceptance of such nomination paper by the Returning Officer.::: Downloaded on - 19/08/2015 23:58:21 :::He has, therefore, urged that it is not permissible for the petitioner to lead evidence to prove this fact and hence the petition is liable to be rejected for failure to make out a cause of action.In support of all his ::: Downloaded on - 19/08/2015 23:58:21 ::: 39 ep1.14.odt contentions, he has relied upon the following decisions of the Apex Court :::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::The appeal before the Apex Court was dismissed.::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::There were 17 candidates in the field, excluding the appellant, who was defeated by the respondent No.1, who was elected.The case was that the nomination form of the respondent Nos.2 to 18 ought to have been rejected for non-compliance of Sections 33-A and 33-B of the said Act. The petition was on the ground mentioned in Section 100 (1)(d)(i) of the said Act, i.e. in respect of wrongful acceptance of the nomination papers of the candidates other than the "returned candidate" and the petitioner.In this background, the Court considered the question of failure to plead material fact that the election of the "returned candidate" was materially affected by ::: Downloaded on - 19/08/2015 23:58:21 ::: 48 ep1.14.odt such improper acceptance and the petition was dismissed on that ground alone by the Apex Court.::: Downloaded on - 19/08/2015 23:58:21 :::The appellant was declared elected by one vote and the question of validity of three votes held in favour of respondent No.1, which were wrongly rejected, and one vote counted in favour of the appellant, ought to have been rejected.In this background, the question of pleading and proof that the result of the election has been materially affected, was considered.The High Court declared that the respondent No.1 was elected by a margin of two votes and the Supreme Court modified the said order.It was a case under Section 100(1)(d)(iii) and not under Section 100(1)(a) or ::: Downloaded on - 19/08/2015 23:58:21 ::: 49 ep1.14.odt Section 100(1)(d)(i) of the said Act. This decision is not an authority for the proposition that in case of improper acceptance of the nomination paper of the returned candidate, the requirement of pleading and proof that the result of the election insofar as it concerns a returned candidate is materially affected, as contained in Section 100(1)(d)(i) of the said Act, is attracted.::: Downloaded on - 19/08/2015 23:58:21 :::The Court will have to make an enquiry to ascertain the number of valid votes caste for the candidate whose nomination was improperly accepted, to determine whether such votes have materially affected the result of the election of a returned candidate.::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::The Apex Court observed in Kisan Shankar Kathore's case that when the objections are raised to the correctness of the information or alleging that there is non-disclosure of certain important information in the affidavit filed along with the nomination paper, it may not be possible for the Returning Officer at that time to conduct a detailed examination and to reject the nomination paper.Where such a detailed enquiry is needed, would depend upon the outcome thereof in an election petition, as to whether the nomination was properly accepted or it was a case of improper acceptance.::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::In view of the aforesaid decisions, the position of law can be summarized as under:[Paras 25 and 41 to 43] ::: Downloaded on - 19/08/2015 23:58:21 ::: 57 ep1.14.odt::: Downloaded on - 19/08/2015 23:58:21 :::[Para 39](iv) Once it is found that it is a case of improper acceptance of nomination paper of a returned candidate on the ground of suppression of material information, it would result in rejection of nomination paper and the declaration would be that the returned candidate was not entitled to contest and his election is void.[Paras 41 to 43](v) Necessary corollary of improper acceptance of ::: Downloaded on - 19/08/2015 23:58:21 ::: 58 ep1.14.odt nomination paper of a returned candidate would be that all the votes secured by him at the election in question have to be ignored.The only consequence would be that the result of his election automatically gets materially affected.::: Downloaded on - 19/08/2015 23:58:21 :::It is further held that upon proof of the fact that the nomination paper of the respondent No.1 carried the defect of a substantial character requiring the Returning Officer to reject the nomination under Section 36(2) of the said Act, the petitioner shall be entitled to a declaration claimed in the petition.::: Downloaded on - 19/08/2015 23:58:21 :::Presently, I am dealing with the application under Order VII, Rule 11(a) of the Civil Procedure Code claiming rejection of the petition at the threshold on the ground that it fails to disclose the cause of action for want of pleading of material facts.Section 83(1)(a) of the said Act inter alia provides that an election petition shall contain a concise statement of the material ::: Downloaded on - 19/08/2015 23:58:21 ::: 60 ep1.14.odt facts, which is analogous to Order VI, Rule 2(1) of the Civil Procedure Code.This provision states that every pleading shall contain a concise form of the material facts on which the party relies for the reliefs claimed.The entire chain of material facts leading to a relief claimed in the petition should be complete and any missing in the link shall result in failure to disclose the cause of action.::: Downloaded on - 19/08/2015 23:58:21 :::::: Downloaded on - 19/08/2015 23:58:21 :::(b) the Court of Competent jurisdiction had framed a charge against him in respect of such offence.In order to enable the voters to effectively exercise the right of ::: Downloaded on - 19/08/2015 23:58:22 ::: 63 ep1.14.odt franchise with well informed mind, the material information considered to be the bare minimum, to form an opinion to choose the candidate to be voted at an election, is called from every candidate in Column (5)(i) in the affidavit in Form No.26 is under Rule 4-A of the Conduct of Election Rules.::: Downloaded on - 19/08/2015 23:58:22 :::If the petitioner is coming with a case of failure to disclose or non-disclosure or concealment or suppression of such information by the respondent No.1 in Column (5)(i) in the affidavit in Form No.26, the petition must contain the following material facts based upon the information called, viz. -(i) the fact that the respondent No.1 is an accused in the offences under specific Section/s of specific Act/s with short description of such offence/offences together with Cases/FIR number with the details of the concerned Police Station,(ii) the fact that the offence/offences alleged against ::: Downloaded on - 19/08/2015 23:58:22 ::: 64 ep1.14.odt the respondent No.1 is/are punishable with imprisonment for a period of two years or more,::: Downloaded on - 19/08/2015 23:58:22 :::(v) the fact that there is a failure to disclose or non-disclosure or concealment or suppression of the aforesaid material facts by the respondent No.1 in his affidavit in Form No.26 delivered along with the nomination form under Section 33A(2) of the said Act to the Returning ::: Downloaded on - 19/08/2015 23:58:22 ::: 65 ep1.14.odt Officer.::: Downloaded on - 19/08/2015 23:58:22 :::It is thereafter the Court can proceed further to complete the trial.The petitioner has pleaded that the respondent No.1 has concealed the information that he is an accused in Regular Criminal Case No.343 of 2003 for the offences under Sections 109, 217, 218, 220, 420, 425, 466, 467, 468, 469, 471, 474 and 506-B read with Section 34 of the Indian Penal Code, which is pending in the Court of Judicial Magistrate First Class at Nagpur.The petitioner has also pleaded that the respondent No.1 is also an accused in Summary Criminal Case No.231 of 1996 for the offence punishable under Section 500 of the Indian Penal Code, which is pending in the Court of Judicial Magistrate First ::: Downloaded on - 19/08/2015 23:58:22 ::: 66 ep1.14.odt Class, Nagpur (Court No.6).::: Downloaded on - 19/08/2015 23:58:22 :::::: Downloaded on - 19/08/2015 23:58:22 :::Coming to the Item No.(iv), it is necessary for the petitioner to plead the material fact that prior to the date of delivery of nomination paper under Section 33(1) of the said Act, the charge/charges were framed against the respondent No.1 in respect of the offences which are not disclosed in Column (5)(i) in the affidavit in Form No.26 by the Court of competent jurisdiction.The date of framing of charge/charges becomes a material fact.Such pleadings are completely absent in the petition.When the charge is framed prior to the date of submitting nomination paper, it raises a presumption about the ::: Downloaded on - 19/08/2015 23:58:22 ::: 68 ep1.14.odt knowledge of the pendency of such proceedings to the respondent No.1 and the statutory obligation to disclose it in Form No.26 arises.A specific question was put to the petitioner Shri Satish Uke as to whether the charge/charges were framed against the respondent No.1 prior to the delivery of nomination paper under Section 33(1) of the said Act in respect of the offences not disclosed, his response is that such charges were not so framed.::: Downloaded on - 19/08/2015 23:58:22 :::The period of limitation has expired and the petitioner cannot be permitted to cure this defect by incorporating such pleadings.No amount of evidence can be permitted to be led.The lack of pleading of such material facts becomes fatal for the Court to ::: Downloaded on - 19/08/2015 23:58:22 ::: 69 ep1.14.odt proceed on the trial of the election petition.::: Downloaded on - 19/08/2015 23:58:22 :::According to him, all the three cases were required to be disclosed at least in Column (5)(ii) in Form No.26 by the respondent No.1 and since ::: Downloaded on - 19/08/2015 23:58:22 ::: 70 ep1.14.odt there is undisputed non-disclosure, it is a case of non-compliance of Section 33-A(1)(i) and (2) of the said Act requiring rejection of nomination paper under Section 36(2) of the said Act.::: Downloaded on - 19/08/2015 23:58:22 :::The lack of pleading regarding such material facts becomes fatal for the Court to proceed on the trial of the election petition.::: Downloaded on - 19/08/2015 23:58:22 :::The pleading in paragraph 27A in the petition is that though the respondent No.1 has disclosed Crime No.252 of 1991 in Column (5)(i) in which he is an accused in respect of the offences under Sections 147, 148 and 324 of the Indian Penal Code, there is non-disclosure of the other offences under ::: Downloaded on - 19/08/2015 23:58:22 ::: 72 ep1.14.odt Sections 149, 294, 448, 324 and 336 of the Indian Penal Code.::: Downloaded on - 19/08/2015 23:58:22 :::It is therefore not a case of non-disclosure of the information required under Section 33-A(1)(i) of the said Act. Be that as it may, there is no pleading that the defect was of a substantial character and, therefore, the Returning Officer was required to reject the nomination paper of the respondent No.1 under Section 36(2) of the said Act, on that ground alone.::: Downloaded on - 19/08/2015 23:58:22 :::Though in the application filed under Order VII, Rule 11(a) of the Civil Procedure Code an objection is raised that the verification to the petition suffers from a defect of incurable nature, the learned Senior Advocate Shri Manohar has conceded to position that the defect is curable and the petitioner can be permitted to cure such defect and the petition cannot be rejected on that ground alone.I, therefore, need not consider this question in detail.From what has been held above, it is apparent that it is a case of failure to plead material facts of non-disclosure of information in Column (5)(i) and (ii) of the affidavit in Form No.26 delivered under Section 33-A(1)(i) and (2) of the said Act that prior to the date of delivery of nomination paper under Section 33 of the said Act - (i) a charge was framed against the respondent No.1 in a case pending in respect of any offence punishable with imprisonment for a period of two years or more, ::: Downloaded on - 19/08/2015 23:58:22 ::: 74 ep1.14.odt or (ii) he was an accused in a pending case in which cognizance was taken in respect of any offence punishable with imprisonment for less than two years and such defect was of a substantial character requiring the rejection of the nomination paper under Section 36(2) of the said Act.::: Downloaded on - 19/08/2015 23:58:22 :::In the result, Civil Application No.993 of 2015 at Exhibit 13 is allowed.Consequently, the election petition is rejected under Order VII, Rule 11(a) of the Civil Procedure Code.The security deposit is forfeited.No order as costs.PDL/NSN ::: Downloaded on - 19/08/2015 23:58:22 :::::: Downloaded on - 19/08/2015 23:58:22 :::

Cited provisions: Section 324 in The Indian Penal Code; Section 147 in The Indian Penal Code; Section 148 in The Indian Penal Code; Section 149 in The Indian Penal Code; Section 294 in The Indian Penal Code; Section 448 in The Indian Penal Code; Section 336 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 500 in The Indian Penal Code; Section 354 in The Indian Penal Code; Section 325 in The Indian Penal Code