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2014 Supreme(SC) 987

JAGDISH SINGH KHEHAR, ARUN MISHRA
Duni Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :J.S. Attri, Senior Advocate, Sumeet Prakash (For Rameshwar Prasad Goyal, Advocate.
For the Respondent:Suryanarayana Singh, AAG, Ms. Pragati Neekhra, Vivek Sharma (For Kaushal Yadav), Advocates.

JUDGMENT

Jagdish Singh Khehar, J. - Leave granted.

2. The issue, which is subject matter of consideration in the instant appeal, relates to the validity of the election of the appellant-Duni Chand as Pradhan, Gram Panchayat, Ghanala, Sub-Tehsil Sandhol, District Mandi, Himachal Pradesh. Nomination papers in the aforesaid election were to be submitted from 13th to 15th December, 2010. In the election programme issued vide notification dated 4.12.2010 (by the State Election Commission, Himachal Pradesh), 16.12.2010 was fixed for scrutiny of the nomination papers. It is not a matter of dispute, that the appellant submitted his nomination papers well in time on 15.12.2010. It is therefore apparent, that the submission of nomination papers was in conformity with the election programme.

3. The case set up against the appellant was, that his nomination papers were liable to be rejected on scrutiny. Insofar as the instant aspect of the matter is concerned, the assertion against the appellant was, that an ejectment order from government land was rendered against the appellant, by the Assistant Collector, 2nd Grade, Sandhole, on 12.4.2010. It was pointed out, that the above ejectment order rend





























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