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2013 Supreme(Pat) 944

RAMESH KUMAR DATTA
Jai Narain Pandit – Appellant
Versus
State Election Commission (Municipality) Through The State Election Commissioner, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner/s: Mr. Shashi Bhushan Kumar Mangalam Mr. Ravi Ranjan
For the State Election : Mr. Amit Shrivastava Commission, Bihar Mr. Girish Pandey
For Rest. Nos. 6 & 7 : Mr. Sanjay Kumar @ Manu

ORAL ORDER

Heard learned counsel for the petitioners and learned counsels for the State Election Commission and for respondent Nos. 6 and 7.

2. The petitioners, who are husband and wife, seek a direction upon the respondents to produce on record the letter dated 12.5.2012 issued by the State Election Commission and the letter dated 13.5.2012 issued by the District Election Officer, Municipality, Madhepura by which they had directed the respondent No.5, the Returning Officer, Madhepura Municipal Council Election, 2012 to reject the nomination paper of the petitioners which they had filed to contest Madhepura Municipal Council Election, 2012 for the post of Ward Councilors from Ward Nos. 19 and 26 respectively which was accepted by the Returning Officer on the date of scrutiny and symbol was also allotted to the petitioners. They further seek quashing of the order dated 13.5.2012 passed by the Returning Officer by which he had rejected the nomination papers of the petitioners on the ground that they had more than two living children.

3. The facts of this case are not in dispute. Briefly stated, both the petitioners had filed their respective nomination papers to contest the Municipal El




























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