GANGA SHREE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission. The instant writ petition filed under Article 226 of the Constitution of India challenges the order dtd. 16/12/2025 passed by the Returning Officer, Municipal Council, Mau, District Bhind, (M.P.), whereby the nomination form submitted by the petitioner as a candidate for election to the post of Councillor, Ward No.4, Nagar Parishad, Mau, District Bhind, (M.P.), has been rejected on the ground that the petitioner had failed to submit the "No Electricity Dues Certificate" along with the nomination form by 11:30 AM on 16/12/2025.

(2.) Learned counsel appearing for the petitioner submits that the petitioner was the sole candidate whose nomination form was submitted for the post of Councillor, Ward No.4, Municipal Council, Mau, in the ongoing by-election of the said municipality. In the nomination form (Annexure-P/2) at Clause 6, there was a condition for the submission of a "No Electricity Dues Certificate," against which the petitioner has mentioned "no", as according to the petitioner, the requirement of submission of "No Electricity Dues Certificate" is applicable only to government employees or the persons who have held government offices earlier.

(3.) In support of his submissions, learned counsel for the petitioner places reliance on the circular dtd. 13/5/2024 (Annexure-P/10) issued by the Election Commission of India. Furthermore, the learned counsel submits that during the process of scrutiny of his nomination form, he was informed by the Returning Officer regarding the non-furnishing of the "No Electricity Dues Certificate". Therefore, the petitioner immediately obtained the same and submitted it before the Returning Officer. However, arbitrarily, vide Annexure-P/6, the same was declined to be accepted on the ground that no such certificate was submitted by the petitioner or his proposer by 11:30 AM on 16/12/2025, which was the prescribed date and thereby rejected his nomination form.