Mr. Hemant Gupta, J.: - Challenge in the instant writ petition is to an order dated 12.02.2015 (Annexure P-2), whereby the nomination paper of the petitioner for contesting the elections from Ward No.47 of Municipal Corporation, SAS Nagar, was rejected. The petitioner has also claimed a writ in the nature of mandamus directing the Returning Officer - respondent No.2 to reconsider and accept the nomination paper of the petitioner for elections in respect of Ward No.47 of Municipal Corporation, SAS Nagar.

2. The brief facts leading to the present writ petition are that on 07.02.2015, the State Election Commission published a Schedule of the elections to the various Municipal Corporations of Punjab including that of Municipal Corporation, SAS Nagar. The last date for filing nominations was 11.02.2015, whereas the scrutiny of nominations was to be held on 12.02.2015. On 11.02.2015, the petitioner submitted his nomination paper from Ward No.47, Municipal Corporation, SAS Nagar, as a candidate set up by the Shriomani Akali Dal. However, the nomination paper submitted by the petitioner was rejected on 12.02.2015. The reasoning recorded by the Returning Officer – respondent No.2, when translated, reads as under:

“I, Navjot Kaur, PCS, Additional Chief Administrator, GMADA -cum- Returning Officer, Municipal Corporation Mohali, District SAS Nagar, during the scrutiny of the nomination papers of candidates on 12.02.2015 in accordance with the Punjab State Election Commission Act, 1994, have found from scrutiny off the nomination papers of Sh. Sukhdev Singh Patwari S/o Late Sh. Bhag Singh, Flat No.2732-C, Sector – 70, that the number of the Voter List which is mentioned in Form 20, does not match with the general election of 2015 of Ward No.47 of Municipal Corporation, SAS Nagar and neither does the Booth No. (Part No.) match. Whereas, it has been clearly mentioned in Form No.20 by the candidate that my name is registered at Sr.No.748 of Part No.212 of Electoral Roll for Municipal Corporation Constituency No.47 and name of the proposer Sh. Shobha Goria is registered at Sr. No.740, Part No.212 of the Electoral Roll for Municipal Corporation Constituency No.47. Whereas, Constituency No.47 has only 2 parts. On scrutiny, it was found that the name of the candidate Sh. Sukhdev Singh Patwari and proposer Smt. Shobha Goriya is not registered at Sr. Nos.748 and 740 of any Part (Booth), which Voter List has been prepared for General Election 2015 of Municipal Corporation, SAS Nagar. Because of vote number not being clear, the nomination papers of candidate Sh. Sukhdev Singh Patwari, Ward No.47 is rejected.”

3. The petitioner has averred that the petitioner as well as his proposer are duly registered as voters at Sr.Nos.748 and 740 respectively in the Voter List for the Elections to the Vidhan Sabha, however, in the new Voter List prepared for the Municipal Corporation Elections, the petitioner and his proposer are also registered as voters at Sr. Nos.1146 and 1135 respectively. The details of their vote numbers and the Constituency find mention in the Electoral Rolls of the Municipal Corporation, which have been prepared from the Vidhan Sabha Elections List itself. Therefore, mentioning of Sr. Nos.748 and 740 instead of Sr. Nos.1146 and 1135 in the nomination paper would merely be a clerical mistake, which is not substantial in character and is liable to be corrected. Therefore, the rejection of nomination paper is illegal and be set aside.

4. This Court on 20.02.2015 directed the Returning Officer – respondent No.2 to accept the nomination form of the petitioner and permit him to contest the elections scheduled for 22.02.2015. It was also directed that the result of elections pertaining to this Ward shall not be declared and the same be produced in a sealed cover. Pursuant to such directions, the result was produced before this Court in a sealed cover on 27.02.2015. It was found that the petitioner – Sukhdev Singh Patwari has polled 852 v