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1975 Supreme(MP) 10

M.L.MALIK, P.K.TARE
SHEO DAYAL – Appellant
Versus
K P RAWAT RETURNING OFFICER AND TEHSILDAR NARSINGHPUR – Respondent


Advocates Appeared:
A.G.DHANDE, GULAB GUPTA, K.K.ADHIKARI, V.S.Dabir,

JUDGMENT :

( 1. ) IN this petition under Article 226 of the Constitution of India the petitioner seeks a writ of Certiorari against the order of the Returning Officer (Respondent 1), dated 4-11 1974 (Petitioners Annexure-B) rejecting the petitioners nomination paper for Councillor ship from Ward No. 12 of Kareli Municipality as also the appellate order, dated 7-11-1974 (Petitioners annexure -D) passed by the Sub-Divisional Officer, Narsimhapur, upholding the order of the Returning Officer and dismissing the appeal on the ground that the present petitioner had not complied with rule 13 (2) of the Madhya pradesh Municipalities (Preparation, Revision and Publication of Electoral rolls, Election and Selection of Councillors) Rules, 1962.

( 2. ) THE petitioner and the second respondent, Jaganathsingh and one other candidate, who has not been joined as a party in the present writ petition, but who has filed an Election Petition, were candidates for Councillor ship of Ward No. 12, known as Lal Bahadur Shastri Ward. The second respondents nomination paper was found to be valid. The third candidates nomination paper was rejected in respect of which he has filed an Election Petition, which is







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