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2021 Supreme(P&H) 786

JITENDRA CHAUHAN, VIVEK PURI
Harpal Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Jagmohan Singh Bhatti, Advocate, for the Appellant; Mr. Suveer Sheokand, Addl. Advocate General, Punjab, for the Respondent

ORDER

Vivek Puri, J. - The matter has been taken up through video-conferencing in the light of the pandemic Covid-19 situation and as per instructions.

2. Reply has been circulated through E-mail in the Court today and the same is taken on record.

3. We have heard learned counsel for the parties and perused the record.

4. The petitioner has assailed the order dated 04.02.2021 (Annexure P/2) passed by the Returning Officer vide which his nomination papers as a candidate for Ward No. 20, S.A.S. Nagar (Mohali) have been rejected.

5. On 16.01.2021, the Punjab Election Commission had announced the schedule for elections and bye-elections of eight Municipal Corporations and 109 Municipal Councils and Nagar Panchayats. The filing of nomination papers commenced on 30.01.2021. The nomination papers of the petitioner have been rejected on 04.02.2021 on the score that his proposer, namely, Lakhbir Singh was not enrolled as a voter in the constituency from which the petitioner had sought to contest the election. The proposer was enrolled as a voter in Ward No. 22 and consequently, the nomination papers submitted by the petitioner have been rejected.

6. It has been argued by the learned counsel for t

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