SHYAM SAKHI Vs. STATE ELECTION COMMISSION U P

JUDGEMENT

(1.) By this writ petition, the petitioners seek a writ of certiorari quashing the publication of the election programme for holding the election for the post of Kshetra Panchayat published in the newspaper dated 22.7.2000.

(2.) The facts, in brief, are that the programme of elections for Kshetra Panchayat (BDC) was notified to be held in the month of June, 2000 as per the following programme : Last date for filing of 1/2.6.2000 1 nomination papers. Scrutiny and disposal of 4/5.6.2000 2 objection to the .nomination papers. Last date for with 6.6.2000 3 drawal of nominations. Publication of final list of 6.6.2000 4 the contesting candidates after withdrawal. The petitioners and certain other persons submitted nomination papers, the details of which have been mentioned in paragraphs 3 and 4 of this writ petition. It appears that the Assistant Returning Officer rejected the nomination papers of certain other candidates and the petitioners were declared as elected from their respective wards as unopposed. The petitioners have annexed as Annexures- 1 and 2 to the writ petition the proforma duly signed by the Assistant Returning Officer declaring the petitioners as elected unopposed.

(3.) It appears that subsequently the persons, whose nominations were rejected, submitted objections before the Returning Officer. The matter was referred to the District Magistrate. The District Magistrate reported the matter to the Election Commission on 25.6.2000. The Election Commission passed the order dated 26.6.2000 holding that by playing fraud and by wrongful means, the nomination papers have been rejected or accepted at the Instance of influential persons and directed that the fresh election should be held. In pursuance of the instructions issued by the Election Commission, the fresh notice has been published in the Daily Newspaper 'Aaj' dated 22.7.2000 inviting nomination papers from the candidates on the date mentioned in the said newspaper. The petitioners are challenging the action of the respondents in holding fresh election by filing the instant petition.