RAMESHWAR Vs. ASST RETURING OFFICER GRAM

JUDGEMENT

(1.) Heard Shri K. L. Sethi, learned counsel for the petitioner and Shri S. S Samvatsar, learned Dy. Government Advocate for the respondents, on the question of admission.

(2.) This petition has been filed under Articles 226/227 of the Constitution of India, challenging the rejection of the nomination form of the petitioner by the returning officer for Gram Panchayat Kohadiya, Block Nalkheda, District Shajapur, which was to be held on 17-2-1989 (now the elections stayed by the Division Bench of Jabalpur Bench). According to the petitioner, the State Government had declared the programme for holding the elections for Sarpanch and Gram Panchayats. Accordingly, elections of Gram Panchayat Kohadiya were also lo be held. The petitioner was a candidate for the aforesaid elections. Therefore, he filed a nomination form. Alongwith the nomination form he also filed a "No Dues" Certificate from Gram Panchayat, Manasa, which is Annexure P-2. The scrutiny of the nomination forms was held on 19-1-1989. At the time of the scrutiny, on the basis of some letter from the Collector (Panchayat) Shajapur dated 18-1-1989, that an amount of Rs 21.700/- is recoverable from the petitioner, therefore, the nomination form was rejected.

(3.) In the reply filed to the show cause notice, the returning officer has stated that the "No Dues" Certificate submitted by the petitioned was in respect of Panchayat, however, the Government dues were against the petitioner. Therefore, his nomination form was rejected.