JAGDISH BHURA Vs. CHHATTISGARH STATE ELECTION COMMISSION

JUDGEMENT

(1.) Validity of the order dated 19.2.2019 passed by the learned Single Judge in WPC No.4555/2019, dismissing writ petition challenging rejection of nomination paper filed by petitioner/ appellant for contesting election from Pratapdev Ward No.11 of Municipal Corporation, Jagdalpur, has been questioned in this writ appeal.

(2.) Facts of the case, in nutshell, are that on 25.11.2019 the State Election Commission declared election programme for Municipal Corporation, Jagdalpur, according to which, last date for submission of nomination paper was 6.12.2019. The date for scrutiny of nomination papers was fixed as 7.12.2019 and 9.12.2019 was fixed as last date for withdrawal of nomination paper. On 6.12.2019 petitioner/appellant filed his nomination paper for contesting election on the post of 'Councillor' from Pratapdev Ward No.11, Jagadalpur. On 7.12.2019, which was the date fixed for scrutiny of nomination papers, an objection to the validity of nomination paper of petitioner/appellant was raised by another contesting candidate namely Yashwardhan Rao by stating that appellant has not produced 'no dues certificate' issued in his name by Municipal Corporation, Jagdalpur and thus his nomination paper is liable to be rejected. On raising such an objection, petitioner/appellant submitted his written reply. The Returning Officer, upholding the objection, rejected the nomination paper of petitioner/appellant vide order dated 7.12.2019 by holding that submission of no-dues certificate by a candidate contesting election along with his/her nomination paper is necessary, but the petitioner instead of annexing such a certificate of his own name, has annexed the certificate issued in the name of his mother Smt. Ilawati Bhura and thus, the nomination paper of petitioner/ appellant contains a defect.

(3.) Rejection of nomination paper by the Returning Officer was challenged by petitioner/appellant in a writ petition before the High Court on the grounds mentioned therein. The learned Single Judge, upon hearing both the sides, dismissed the writ petition and upheld the rejection of nomination paper by the impugned order.