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1953 Supreme(All) 271

MOOTHAM, SAPRU
Prabhakar Yajnik – Appellant
Versus
Dist. Magistrate, Bulandshahr – Respondent


Advocates:
S.N. Kacker, for Applicant; V.K.S. Chaudhari, for Opposite Party.

Judgement

MOOTHAM, J :- This is a petition under Art. 226 of the Constitution.

2. A general election to the Anupshahr Municipal Board will be held in the course of the next few days and the petitioner, who is at present the Junior Vice-Chairman of the Board, is desirous of becoming a candidate for the office of President. He duly filed his nomination papers, but on the 26th September last respondent No. 4 lodged an objection before the Electoral Registration Officer alleging that the petitioner was not entitled to stand as a candidate on the ground that his name was improperly included in the municipal electoral roll. A summary enquiry was held by the Electoral Registration Officer, the third respondent, who by an order of the 2nd October 1953, upheld the objection and directed that the petitioners name be removed from the municipal electoral roll. On the 6th October, 1953, the petitioners nomination paper was rejected by the Returning Officer, who is respondent No. 2, on the ground that the petitioners name did not appear in the municipal electoral roll.

3. The petitioner now comes to this Court with a three-fold prayer, for a writ in the nature of certiorari to quash the order of th



































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