KITABI SRI YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard.

(2.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution, with a prayer to quash the order, Annexure P-1, whereby petitioner's nomination is rejected. The petitioner is resident of Ward No.7 and registered as voter of said ward at serial no. 362 of the voter list. The petitioner filed her nomination paper for the office of councilor for Ward No.5 of Nagar Parishad Akoda. The said nomination paper was rejected on the ground that on perusal of nomination form, it is gathered that she has shown her to be resident of Ward No.5, which is factually incorrect.

(3.) Learned counsel for the petitioner submits that admittedly, the petitioner inadvertently committed a clerical error while mentioning Ward No.5 in the form, Annexure P-1. However, in the affidavit and other documents filed along with form, she has rightly mentioned the name of ward , i.e., Ward No.7. Thus, the clerical error should have been ignored and form should not have been rejected on this ground. Reliance is placed on rule 28 (4) of M.P. Nagar Palika Nirvachan Niyam, 1994 (hereinafter called as "Rules"). Thus, the singular contention of Shri Padhariya is that the returning officer has committed an error in rejecting the nomination on a clerical error and such error was not substantial in nature.