The question that has come up for consideration in this case is whether Returning Officer is justified in rejecting the petitioner's nomination under Rule 35(3)(e)(ii) of the Co-operative Societies Rules, since nomination was not attested by an Advocate/Gazetted Officer.

2. Ext. P.1 is the election notification dated 17-8-98 published by the Returning Officer. The notification specifically says that the candidate has to submit nomination paper along with the affidavit duly attested. Registrar has also issued a circular insisting attestation of the affidavit by an Advocate/Gazetted Officer/Rectification Officer.

3. Petitioner's nomination was scrutinised by the Returning Officer on 27-8-1998. On scrutiny it was found that nomination was not filed in compliance with Rule 35(3)(c)(ii) of the Co-operative Societies Rules and was rejected. Aggrieved by the same petitioner has filed this writ petition.

4. The main contention raised by counsel for petitioner is that attestation by Advocate/Gazetted Officer is not a mandatory requirement. Counsel submitted there is no dispute with regard to the identity of the person and nobody has objected in submitting his nomination. Counsel submi