TUKARAM Vs. NIRVACHAN ADHIKARI

JUDGEMENT

(1.) BY filing this writ under Articles 226/227 of Constitution of India, the petitioner seeks to assail the order dated 6-2-2001 (Annexure P-12) passed by Returning Officer, Ujjain, under Municipal Corporation Act, By impugned order, the Returning Officer has rejected the nomination paper of petitioner. Facts that led to filing of this writ need mention in brief.

(2.) AN election for Councillor for Ward No. 35 of Nagar Palika Nigam, Ujjain were announced. The Ward No. 35 was declared as a reserved constituency - earmarked for SC/st Community, for contesting election for the post of Councillor.

(3.) THE petitioner claiming to belong to Scheduled Tribe Community "halba" submitted his nomination paper on 26-9-2000, for contesting election for the post of Councillor from Ward No. 35. The respondent (Returning Officer) by his order dated 26-5-2000 (Annexure P-10) rejected nomination paper. The petitioner then felt aggrieved filed writ being W. P. No. 1175/2000 challenging the order rejecting his nomination. This Court by order dated 3-1-2000 (Annexuer P-11) allowed the writ and set aside the order of rejection. This Court while allowing the writ and setting aside the order of rejection, remanded the case for its reconsideration. After remand, the respondent again by impugned order dated 6-2-2001 (Annexure P-12) rejected petitioner's nomination. It is against this rejection, the petitioner has felt aggrieved and filed this writ.