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1979 Supreme(MP) 16

G.L.OZA, G.G.SOHANI
ASHOK – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
M.Bhatnagar, S.L.GARG, T.N.SINGH

OZA J.

( 1 ) THIS petition has been filed by the petitioner who had filed a nomination paper for election to Ward No. 16 of the Ujjain Municipal Corporation. His nomination paper was scrutinized and ultimately accepted. According to the petitioner, the date fixed for withdrawal by the Collector, Ujjain, was 16th Oct. 1978 up to 3-0 P. M. The petitioner alleges that he went to the Supervising officer respondent No. 3 at 2 minutes past 3-0 P. M. but his withdrawal was not accepted as it was not done up to 3-0 P. M. on 16th Oct. , 1978. According to the petitioner, under Rule 17 of the Madhya Pradesh Municipal Corporation (Preparation, Revision and Publication of Electoral Rolls and Selection of councillors) Rules 1963 (hereinafter called "the Rules") a candidate should have been permitted to withdraw his nomination up to 23rd Oct. as what is provided in Rule 17 is that withdrawal is permissible up to a date which is fourteen days before the date of election. According to the petitioner, by refusal to accept the withdrawal the petitioner has been shown as a contesting candidate although the petitioner had decided to withdraw and consequently he has been declared as a defeated candidat























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