Case: Dilip Kumar Gon Vs. Durga Prasad Singh

1. Durga Prasad Singh, respondent herein; Khatir Ali and Abdul Hamid, filed their nomination papers before the Returning Officer for contesting the election to the Bihar Legislative Assembly from 147- Jamtara Assembly Constituency (General). The date for scrutiny of the nomination papers was February 9, 1972. The Returning Officer rejected the nomination papers of Khatir Ali and Abdul Hamid ignoring the objections that were raised on their behalf. Durga Prasad Singh was declared duly elected.2. The appellant, an elector of the Constituency, filed an Election Petition challenging the election of Durga Prasad Singh inter alia on the ground that the nomination papers of Abdul Hamid and Khatir Ali had been improperly rejected. A learned single Judge of the High Court, who tried the petition, decided that issue against the petitioner, and in consequence, dismissed the petition. Hence this appeal.

Reasoning: 7. In our opinion, in the circumstances of the case, the rejection of the nomination papers of Abdul Hamid was manifestly erroneous. The High Courts view that in scoring out only the word Jan-Jati (tribe) and leaving the word Jati (caste) untouched in the aforesaid column of the nomination form, Abdul Hamid had failed "to comply with the requirement of the law on the subject" was entirely misconceived. It overlooked the fact that the Jamtara Constituency was a General Constituency, and the seat for which the candidates wanted to contest the election was not a Reserved seat. Section 33 (2) of the Representation of the People Act, 1951, or any other statutory provision does not enjoin upon a candidate who is contesting the election for a General Seat, and not for a Reserved Seat, to specify in his declaration his caste or tribe. Further, the Returning Officer appearing as R. W. 2, had clearly admitted that at the time of the scrutiny of the nomination papers, he was aware that Abdul Hamid was not a member of the Scheduled Caste and that he had deposited Rs. 250/- as security. The omission to strike off the column in the printed nomination form relating to Scheduled Caste/Tribe did not amount to a defect in the eye of law, much less was it a defect of a substantial character, warranting rejection of the nomination papers.In the light of what has been said above, we would, reverse the finding of the High Court and hold that the nomination papers of Abdul Hamid were improperly rejected by the Returning Officer.