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2015 Supreme(P&H) 239

HEMANT GUPTA, LISA GILL
Sukhdev Singh Patwari – Appellant
Versus
State Election Commissioner, Punjab – Respondent


For the Petitioner:Mr. Satya Pal Jain, Senior Advocate, with M/s Dheeraj Jain & Vijay Kumar Chaudhary, Advocates.
For the Respondent Nos.1 & 2:Mr. Vinod S. Bhardwaj, Additional Advocate General, Punjab.
For the Respondent No.3:Mr. J.S.Bhandohal, Advocate.
For the Respondent No.4:Mr. H.S.Dhillon, Advocate.

JUDGMENT

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,

















































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