Dipak Misra, J.

1. Calling in question the legal propriety of the order dated 3.11.2009 passed by the learned Single Judge in CWJC No. 13474 of 2009, the Chief Election Officer has preferred this appeal under Clause-X of the Letters Patent.

2. The facts which are requisite to be stated for adjudication in this appeal are that the respondent no. 1 filed his nomination paper for contesting for the post of Chairman of Panchayat, Lodipur PACS in the district of Gaya alongwith three other candidates. The scrutiny of the nomination papers was done on 3.10.2009 and the nomination of all the three candidates were rejected by the Block Development Officer-cum-Returning Officer, Lodipur PACS. The nomination paper of the petitioner was rejected on the ground that he had dues payable to the Magadh Central Co-operative Bank, Gaya. Questioning the legal proposition of the said rejection, the writ petition was preferred wherein it was contended before the learned Single Judge that he had received the No Due Certificate issued by the Assistant Manager, namely, Ashok Kumar, which he had filed alongwith his nomination paper. On 1.10.2009 said Ashok Kumar issued another certificate wherein i