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2013 Supreme(Pat) 256

R.M.DOSHIT, AHSANUDDIN AMANULLAH
Prafful Chandra Sudhanshu – Appellant
Versus
State Election Commission (Municipality) – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. S. B. K. Mangalam, Advocate Mr. Ravi Ranjan, Advocate Mrs. Chandani, Advocate
For the Respondent Nos.1-4:Mr. Amit Shrivastava, Advocate Mr. Girish Pandey, Advocate For the Respondent No.5:Mr. Santosh Kumar Sinha-2, Advocate

ORDER

1. Feeling aggrieved by the judgment and order dated 29th June 2012 made by the learned single Judge in C.W.J.C. No. 9061 of 2012, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute relates to election of a Councillor of Ward No.40, Danapur Nagar Parishad. Pursuant to declaration of the election programme, the appellant submitted his nomination for election as Councillor from Ward No.40, Danapur Nagar Parishad. After due scrutiny of the nomination papers, the nomination submitted by the appellant was accepted by the Returning Officer on 26th April 2012. The respondent no.5 raised objection against the acceptance of the nomination on 28th April 2012. The same having not been considered by the Returning Officer, he submitted his objection before the Bihar State Election Commission (hereinafter referred to as “the State Election Commission”). The State Election Commission, under its direction dated 29th April 2012, directed the Returning Officer to reconsider the nomination submitted by the appellant. On such reconsideration the said nomination was rejected on 29th April 2012. It is the decision of the Returning Officer to





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