Vs.

Judges: Dr. A.S. ANAND, CJI., & B.N. KIRPAL, J.

Date of Judgment: Feb 25, 1999

Representation of the People Act, 1951

Rule 10(5) with Constitution – Article 324, 14 – Jurisdiction of Election Commission – Two persons filing papers as “official candidates” – In absence of communication, both treated independ-ent by Returning Officer by orders Date 20-1-95 – Said order affirmed by Commission on 25-1-95 – Letter by President of the party on 30-1-95 that Form B by one candidate was fraudulent – Commission, reviewing the earlier orders with out notice to said candidate and declaring the other as official candidate. Held that the same was illegal and without jurisdiction.

To avoid an election, it is necessary that cogent evidence is led in support of the charge. An election cannot be set aside on “presumption”, surmises or conjectures. Clear and cogent proof in support of the allegations is essential. (Para 7)