SAROJ GOPAL Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) This Election Petition impugns the order dated 5th April, 2017 of the respondent No. 3 Shri R.C. Antil, Returning Officer, Ward No. 18-S, Milap Nagar, South Delhi Municipal Corporation (SDMC), Delhi rejecting the nomination filed by the petitioner for SDMC General Election - 2017 for SDMC Ward 18-S, Milap Nagar, Delhi. Needless to state the Election Petition is accompanied with an application for interim relief of stay of operation of the order dated 5th April, 2017 and to direct the respondent No. 3 to allow the petitioner to contest the election for the post of Councillor in Ward No. 18-S, SDMC, Milap Nagar, Delhi due to be held on 23rd April, 2017.

(2.) I have enquired from the counsel for the petitioner as to under which provision he has preferred this petition.

(3.) The counsel for the petitioner states that the petition has been preferred under Sec. 81 of the Representation of People Act, 1951 (RP Act).