Full Judgment Text
CA @ SLP(C)No.3829/2011
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7907 OF 2013
(arising out of S.L.P. (CIVIL) No. 3829 OF 2011)
DEVENDRA PATEL Appellant (s)
VERSUS
RAM PAL SINGH & ORS. Respondent(s)
J D G M E N T
R.M. LODHA, J.
Leave granted.
2. The only argument canvassed by the learned
counsel for the appellant is that Jaswant Singh whose
nomination was rejected must be regarded as a
'candidate' for the purpose of Section 82(b) of the
Representation of the People Act, 1951 (for short,
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'1951 Act') and since he has not been joined as a party
respondent in the election petition although there is
allegation of corrupt practice against him, the
election petition is liable to be rejected.
3. The High Court has considered this question
and, relying upon the decision of this Court in
Mithilesh Kumar Sinha Vs. Returning Officer for
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Presidential Election & Others , held that Jaswant
1
AIR 1993 SC 20
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Singh could not be regarded as a 'candidate' as defined
in Section 79(b) for the purpose of Section 82(b) and
overruled the objection regarding non-joinder of
Jaswant Singh.
4. The admitted fact is that Jaswant Singh's
nomination was rejected by the returning officer as he
was found to be disqualified. Jaswant Singh challenged
the order of the returning officer rejecting his
nomination in a Writ Petition before the High Court,
but that Writ Petition was not taken to the logical
conclusion and it was dismissed.
5. The question is, whether Jaswant Singh is a
'candidate' for the purpose of Section 82(b) ? The
answer to this would depend on whether he is a
'candidate' within the meaning of Section 79(b).
6. Section 79(b) reads as follows :-
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“79. Definitions. ─ In this Part and in Part
VII unless the context otherwise requires,-
(a) x x x
(b) “candidate” means a person who has
been or claims to have been duly
nominated as a candidate at any
election;
(c) x x x
(d) x x x
(e) x x x
(f) x x x”
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7. Section 82(b) reads as under :-
─
“82. Parties to the petition. A petitioner shall
join as respondents to his petitioner ─
(a) x x x
(b) any other candidate against whom
allegations of any corrupt practice
are made in the petition.”
8. In our opinion, in view of the admitted
position that Jaswant Singh's nomination was rejected
as he was disqualified, he cannot be considered to be
duly nominated as a candidate at the election. Learned
counsel for the appellant submits that his contention
is founded on the expression “claims to have been duly
nominated as a candidate at any election” in
Section 79(b) of the 1951 Act. The expression “claims
to have been duly nominated as a candidate” would not
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take within its fold a person whose nomination has been
rejected as being disqualified. Such person cannot
claim to be duly nominated as a candidate when he is
not qualified to contest election. In view of this
position, Jaswant Singh is not covered by the
expression 'candidate' in either of the two categories
within the meaning of Section 79(b).
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9. Learned counsel for the appellant relies upon
a decision of this Court in Mohan Raj Vs. Surendra
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Kumar Taparia & Ors. in support of his contention.
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Mohan Raj was a case where one R.D. Periwal who was
duly nominated candidate but withdrew his nomination
later was not joined as a party in the election
petition though allegations of corrupt practice against
him were made. This Court held that a candidate who is
duly nominated continues to be candidate for the
purpose of Section 82(b) in spite of withdrawal. There
is an important difference between that case and this
case. In that case, R.D. Periwal was duly nominated
candidate but he withdrew later, whereas here Jaswant
Singh's nomination was rejected as he was found to be
disqualified. For this crucial and compelling
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difference, the statement of law in Mohan Raj has no
application. Where the nomination of a person is
rejected by the returning officer on the ground of such
person being disqualified, in our view, such person is
neither a duly nominated candidate nor he can claim to
be duly nominated as a candidate.
2
(1969) 1 SCR 630
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10. The High Court did not commit any error in not
treating Jaswant Singh as a 'candidate' for the purpose
of Section 82(b) of the 1951 Act.
11. Appeal is dismissed with no order as to costs.
........................J.
( R.M. LODHA )
NEW DELHI; ............................J.
SEPTEMBER 6, 2013 ( MADAN B. LOKUR )
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