Petitioner, by this writ petition, challenges the order dated 02.08.2013 (Annexure 14) passed by the State Election Commissioner (respondent No 1) in Case No 41 of 2012 disqualifying the petitioner on the ground that he was, on the date he filed his nomination, he was in default of payment of house tax due to the Rafiganj Nagar Panchayat and, as such, he was disqualified to contest the election for the post of Ward Counselor and consequential orders passed therein declaring the post vacant in effect ordering fresh election. The contesting respondent (respondent No 10) has appeared, filed counter affidavit. State Election Commission has been represented and has been heard.

The sole issue, in the present case, is whether the order of the State Election Commission can be sustained in law or not. Shri S B K Mangalam, learned counsel appearing in support of the writ petition submits that it is not in dispute that prior to election, petitioner had filed an application to the Nagar Panchayat for being granted a no dues certificate. No dues certificate was duly granted which is Annexure 6 to the writ petition. It is also not in dispute that when he filed his nomination alongwith