DR. JAGANNATH CHOUDHURY AND 2 ORS. Vs. THE RETURNING OFFICER-CUM-SECRETARY, ORISSA STATE BOARD OF HOMEOPATHIC MEDICINE AND ORS.

JUDGEMENT

(1.) THE Homeopathic practitioners are to be elected to the State Board of Homeopathic Medicine under the Orissa Homeopathic Act, 1956 (Act VIII of 1957). The Petitioners and Opposite parties Nos. 3 to 12 and Borne other persons filed nomination on 6 -1.1968. Out of 33 nomination papers, 23 were rejected. In all there were 19 candidates. The nomination papers of 9 candidates were rejected. So ten returned uncontested. The Petitioners are amongst the persons whose nomination papers were rejected. The nomination papers of these three Petitioners were rejected on one of the common grounds that their signatures under the declaration to be given in the nomination papers and the signatures of the proposers and seconders were not genuine. The nomination of Petitioner No. 1 was rejected on an additional ground that he made the security deposit in cash through an agent and not in person. It is against the order rejecting their nomination, the writ application has been filed.

(2.) THERE is no provision under the Orissa Homeopathic Act, 1956 (hereinafter to be referred as the Act) or in the Criminal Homeopathic Rules, 1960 (hereinafter to be referred as the Rules) that security deposit is to be made by the candidate himself. The column in the Form of the nomination paper (Form B) is to the following effect:

(3.) WE accordingly quash the order rejecting the nomination papers of the Petitioners and declare the election of opposite parties Nos. 3 to 12 as void. A writ of certiorari be accordingly issued. The writ application is accordingly allowed, but in the circumstances, there will be no order as to costs.