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2021 Supreme(P&H) 776

SANJAY KUMAR, ARCHANA PURI
Mohit Yadav – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Tejeshwar Singh, Advocate, for the Appellant, Mr. S.P.S. Tinna, Additional Advocate General, Punjab, for the Respondent.

ORDER

Sanjay Kumar, J. (Oral).

CM-2182-CWP-2021

1. This application is ordered and Annexures P-14 to P-16 are taken on record.

Main case

2. The petitioner submitted his nomination to contest the election to the post of Councilor of the Municipal Council, Nayagaon, Tehsil Kharar, District SAS Nagar, from Ward No. 21. His nomination was rejected by the Returning Officer, vide order dated 04.02.2021, on the ground that his proposer did not affix his signature in the nomination paper.

3. The present writ petition was filed on 08.02.2021. Significantly, the election schedule put in place under the Notification dated 30.01.2021 required fmalization of the candidates to be undertaken on 05.02.2021, being the last date for withdrawal of candidature. The writ petition was therefore filed after the fmalization of the candidates.

4. However, reliance was placed by the petitioner on the interim order dated 05.02.2021 passed by this Court in CWP No. 2780 of 2021, titled 'Sahibee Anand V/s. State of Punjab and others'. No doubt, that was also a case where the rejection of the nomination paper was on the ground that the proposer had not affixed his signature in the nomination paper, but the distinguis

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