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2021 Supreme(P&H) 568

P.V.SANJAY KUMAR, ARCHANA PURI
Sahibee Anand – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Chetan Mittal, Senior Advocate assisted by Mayank Aggarwal, Advocate
For the Respondents: S.P.S. Tinna, Additional A.G.

JUDGMENT :

P.V. Sanjay Kumar, J.

CM-1970-CWP-2021

1. This application is ordered and Annexures P-7 to P-11 are taken on record.

CWP-2780-2021 (O&M).

2. The petitioner submitted his nomination to contest the election to the post of Councillor of the Municipal Corporation, SAS Nagar, Mohali, from Ward No. 12. His nomination was rejected by order dated 04.02.2021 passed by the Returning Officer, on the ground that it had not been signed by the proposer and was therefore incomplete.

3. The present writ petition was filed on 05.02.2021 assailing the aforestated order and seeking a direction to the Election Authorities to consider the petitioner's nomination after allowing him to rectify the defect therein. The case was taken up on 05.02.2021 itself and this Court took note of the fact that the nominations had not been finalized as on that date, inasmuch as the last date for withdrawal of candidature was fixed as 05.02.2021, in terms of the Election Notification dated 30.01.2021. It was in that situation that this Court passed an interim order.

4. This order was to the effect that the Election Authorities should receive and act upon the nomination filed by the petitioner, subject to the propose

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