Mst. SAMEERI vs THE DEPUTY COMMISSIONER, KASLJR AND Ss
This matter concerns a petition for leave to appeal against a High Court order dismissing a challenge to the restoration of a candidate's nomination papers for a local council election. The core legal questions were whether the appeal before the Deputy Commissioner was time-barred, whether it was improperly instituted due to the absence of a certified copy of the original order, and whether the Deputy Commissioner failed to conduct an inquiry into the genuineness of signatures on the nomination papers. The High Court had dismissed the petitioner's challenge, noting that the Assistant Commissioner failed to provide the required copy of the rejection order to the respondent or the Deputy Commissioner, as mandated by the Punjab Local Councils (Election) Rules, 1979. Furthermore, the High Court found that the Assistant Commissioner had rejected the nomination papers without conducting any inquiry. The Supreme Court upheld the High Court's decision, finding no grounds for interference, as the procedural failures by the Assistant Commissioner justified the Deputy Commissioner's intervention. The judgment affirms that procedural lapses by election officials can invalidate the rejection of nomination papers.
- Does the failure of a Returning Officer to provide a copy of an order rejecting nomination papers invalidate the rejection?
- Can an election appeal be entertained if the original order was not accompanied by a certified copy due to the official's failure to provide one?
- Is a Returning Officer required to conduct an inquiry before rejecting nomination papers based on allegations of bogus signatures?
- Rule 15(5), Punjab Local Councils (Election) Rules, 1979
- Rule 15(b), Punjab Local Councils (Election) Rules, 1979
ORDER
M. S. H. QURESHI, J.-Petitioner Mst. Sameeri and respondent Mst. Nazeeran Bibi had filed nomination papers for a woman's seat in Union Council, Padana, Tehsil Chunian, District Kasur. In the result of the scrutiny, the nomination papers of the respondent were rejected by the Assistant Commissioner/Returning Officer, on 6-5-1982, but on appeal the order was set aside and her nomination papers were restored by the Deputy Commis--sioner on 9-5-1982. The petitioner challenged the order of the Deputy Commissioner in Writ Petition No. 1772 of 1982 but the same was dismissed in limine on 16-5-1982. The election was held on 19-5-1982, in which the respondent was successful.
2. In this petition seeking 'leave to appeal from the order of the High Court. It has been urged that the appeal before the Deputy Commissioner had been barred by time, that it bad not been properly instituted as it was not accompanied by certified copy of the order appealed against and that the Deputy Commissioner had made his impugned order without hold in an proper inquiry into the genuineness of the signatures on the nomination papers. All these grounds had been taken before the High Court and rejected the first two for the reason that the Assistant Commissioner had not furnished copy of his order to the respondent as required by sub-rule (5) of Rule 15 of the Punjab Local Councils (Election) Rules, 1979, nor had he submitted a copy thereof to the Deputy Commissioner as required by sub-rule (b)'of the said Rule. On the third point, the High Court held that the Assistant Commissioner bad himself conducted no inquiry and had without recording satisfaction proceeded to reject the 'respondent 's nomination papers merely upon an objection raised before him that they "seem to be bogus"
3. After hearing learned counsel, we are satisfied that the situation calls for no interference with the view taken by the High Court. The petition is dismissed.