NARENDRAKUMAR CHANDULAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri A.D.Oza waives service for respondent No.1, Shri Siraj Gori learned AGP waives service for respondent No.2 and Shri V.M.Pancholi waives service for respondent No.3.

(2.) Petitioner-Shri Narendrakumar Chandulal Patel has filed this petition under Article 226 of the Constitution of India and challenged the impugned order dated 16.12.2006 (Annexure-D) passed by the Election Officer and order dated 18.12.2006 (Annexure-F) passed by the Commissioner ? respondent No.2.

(3.) It is the case of the petitioner that he is serving as an Assistant Teacher in Jaihind Vidhyalaya, Taluka Savli, District Vadodara. He submitted his application dated 12.12.2006. His name was proposed by one Shri Narendrabhai Vitthalbhai Patel, Assistant Teacher of Shri Seva Samaj Sharda Mandir School at Varnama of Vadodara District (Annexure-B is the nomination form). Voters' list published by the respondent-Board is at Annexure-C collectively, wherein at Sr.No.1821, name of Shri N.C.Patel is shown and the name of Shri N.V.Patel shown at Sr. No.2. At the time of scrutiny of forms, respondent No.1-Election Officer, rejected the nomination form of the petitioner by his impugned order dated 16.12.2006 (Annexure-D) on the ground that there was a breach of Rule 9(2)(ii) of the Gujarat Secondary and Higher Secondary Education Regulations, 1974. Aggrieved by the same, the petitioner filed an appeal on 18.12.2006 before the respondent No.2-Commissioner, which was rejected on the same day i.e. 18.12.2006 by the respondent No.2 by his impugned order dated 18.12.2006 (Annexure-F) on the ground that name of the candidate and his proposer were not there in the voters' list. Hence, the present petition.