Rajasthan High Court today ordered the state election commission to amend candidate-declaration form suitably by providing separate columns for details of any offence and charges against the candidate, if any.
Justice Sangeet Lodha of the Jodhpur bench of the court, while disposing off a civil writ petition, filed by one Yash Middha, passed this order addressing a confusion in the existing nomination form due to absence of separate columns for furnishing the details regarding the cognisance of the offence being taken by the court and the charges being framed by the court of competent jurisdiction against the candidate in a pending criminal case, if any.
According to the petitioner's counsel Sanjeet Purohit, the petitioner had filed his nomination to contest the municipal election from Ward 21 of Sri Ganganagar.
"This form was rejected by the returning officer on the ground that cognisance had been taken and charges had been framed by a criminal court against the petitioner for offences under section 452 and 323/43 of IPC," said Purohit.
"Due to absence of separate columns for cognisance and framing of charges in the nomination form, the returning officer assumed the charges against the petitioner as framed and disqualified," argued Purohit adding that the petitioner had submitted a separate copy to the officer clarifying the difference.
But considering the claim of the petitioner disputed, as the copy was said to have been submitted by the petitioner after the scrutiny was over, Justice Lodha refused to allow the petition.
However, the judge considered it appropriate to pass an order for the election commission and the state government to mention separate columns for cognisance and framing of the charges, so as to avoid any confusion in future.
