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2021 Supreme(Raj) 714

ARUN BHANSALI
Pankaj Choudhary – Appellant
Versus
Kailash Choudhary – Respondent


Advocates appeared:
Mohamood Pracha, Advocate, Rajak Khan Haidar, Advocate, M.M. Dhera, Advocate

JUDGMENT

Arun Bhansali, J. - This election petition under Sections 80, 80A, 81 and 100(1) (c) of the Representation of the People Act, 1951 ('the Act') has been filed by the petitioner calling in question the election of respondent No.1 from the Barmer Parliamentary Constituency of Rajasthan.

2. It is, inter alia, indicated in the petition that the Election Commission of India ('ECI') notified the following schedule for holding election to various Parliamentary Constituencies including Barmer Parliamentary Constituency as under:-

" Sr.No. Particulars Date 1. Date of issuing the gazette notification 02.04.2019 2. Last date for filing nomination 09.04.2019 3. Date for scrutiny of nomination 10.04.2019 4. Last date for withdrawal of nomination 12.04.2019 5. Date of polling 29.04.2019 6. Date of counting/declaration of results. 23.05.2019 "

3. It is indicated that the petitioner is an erstwhile IPS Officer appointed by the Govt. of India in Rajasthan Cadre. He was dismissed from service vide order dated 19.02.2019 passed by the Govt. of India, Ministry of Home Affairs for violating the Conduct Rules, 1968. It is claimed that as the petitioner was a proposed candidate for the Barmer Parlia

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