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2021 Supreme(P&H) 759

JASWANT SINGH, SANT PARKASH
Manjinder Kaur Cheema – Appellant
Versus
State Election Commission, Punjab – Respondent


Advocates Appeared:
Mr. Arshdeep Singh Kler, Advocate, for the Appellant; Mr. Suveer Sheokand, for the Respondent

ORDER

Jaswant Singh, J. - Vetitioner-Manjinder Kaur Cheema has filed the present writ petition challenging the order dated 04.02.2021 (Annexure P-5) passed by Returning Officer-cum-Tehsildar whereby her nomination papers as a Akali candidate for election as a Counsellor from Ward No. 15, to the Municipal Corporation, Kapurthala have been rejected on the ground that she is in illegal occupation of Government land.

2. Learned counsel for the petitioner has argued that the Returning officer has wrongly rejected the nomination papers of the petitioner as she is not in illegal occupation of any Government land. It is submitted that the building in which she is residing is owned by her father in law who had constructed it in the year 1985. It is further submitted that the land in question is maafi land and therefore the possession of petitioner's father in law cannot be said to be illegal. As far as issue of jurisdiction of this court to entertain the petition at this stage is concerned, it is submitted that the writ petition is very well maintainable in view of the law settled by Hon'ble Supreme Court in cases "Nandiesha Reddy Vs Mrs. Kavitha Mahesh", 2011(7) SCC 721; ''Election Commissio

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