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2007 Supreme(P&H) 1387

RAJESH BINDAL, VIJENDER JAIN, M.M.KUMAR, JASBIR SINGH, RAJIVE BHALLA
Prithvi Raj – Appellant
Versus
State Election Commission, Punjab – Respondent


Judgment

VIJENDER JAIN, J.

1. We are called upon to answer, a reference, dated 30-6-2004, doubting, the correctness of the opinion, rendered by a Full Bench, in Lal Chand V/s. State of Haryana, 1998 (1) PLJ 577 : (AIR 1999 P&H 1).

2. In order to place the present controversy in its correct perspective, it would be necessary to briefly recapitulate the facts leading to the present reference.

3. Election to Municipal Council, Jalalabad, was notified. The petitioner filed his nomination papers as a candidate from Ward No. 12. His name appeared in the array of candidates. The State Election Commission deleted his name on the ground that his name had been deleted from the electoral roll. The petitioner approached this Court by way of this petition, praying for issuance of a writ in the nature of certiorari to quash the order, passed by the State Election Commission, Punjab. The petitioner asserted that though his nomination papers were validly accepted by the Returning Officer, the State Election Commissioner passed the impugned order deleting his name from the array of contesting candidates, on the ground that his name stood deleted from the electoral rolls.

4. The respondents raised a








































































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