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2014 Supreme(UK) 265

ALOK SINGH
BHUPENDRA SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Petitioner:Mr. B.D. Upadhayay, Sr. Adv. assisted by Mr. Sunil Upadhyay and Mr. Navin Tiwari, Advocates
For the Respondent Nos. 1 to 4: Mr. S.S. Chauhan, Dy. Adv. General
For the Respondent No. 5:Mr. B.C. Pande, Sr. Adv., with Mr. M.S. Pal, Sr. Adv. assisted by Mr. D.S. Mehta, Advocate

JUDGMENT

Hon’ble Alok Singh, J (Oral).

Mr. B.D. Upadhyaya, learned Senior Advocate, assisted by Mr. Sunil Upadhyaya, learned Advocate appearing for the petitioner, has handed over rejoinder affidavit of the petitioner in the Court, which is taken on record.

2. Present petition is preferred under Article 226 of the Constitution of India assailing the order dated 09.06.2014 passed by Returning/Election Officer, Block Betalghat, District Nainital, whereby nomination of the petitioner for the post of Member Kshettra Panchayat was rejected.

3. Brief facts of the present case, inter alia, are that in the State of Uttarakhand, three-tier Panchayat elections were notified and pursuant to the notification of three-tier Panchayat Election, District Election Officer, Nainital vide notification dated 28.05.2014 published election programme for different Blocks including the Block in question i.e. Betalghat, District Nainital. As per the notification/election programme dated 28.05.2014, Annexure No. 1 to the writ petition, nomination could be presented between 02.06.2014 to 05.06.2014 and 6th, 7th and 9th June, 2014 were fixed for scrutiny of the nominations, and 10.06.2014 was fixed for wit

























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