M SHANMUGASUNDARAM Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) In this writ petition, the Petitioner seeks issuance of a writ of certiorarified mandamus calling for the records of the proceedings of the 5th Respondent dated 28th march, 2011, quash the same insofar as it relates to the Petitioner and to further direct the 5th Respondent to accept the nomination of the Petitioner for Nanguneri Constituency.

(2.) The ground of rejection so far as the Petitioner is concerned is that the election registration officer certificate was not produced. Further Form 2-B also was not produced before the Returning Officer.

(3.) Learned Counsel appearing for the Petitioner mainly contended that the ground of rejection of the nomination paper is the non-production of election registration officer certificate, which document is not of a substantial character. Learned Counsel further submitted that the Petitioner earlier file d writ petition being W.P. No. 7908 of 2011 seeking a direction upon the Respondent to include the name of the Petitioner in the electoral rolls of the Assembly Constituency and this Court, by order dated 25th march, 2011, directed the Respondents to consider the application of the Petitioner and to pass appropriate orders. According to the learned Counsel, in view of the aforesaid order, the 1st Respondent ought to have accepted the nomination paper.