PANKAJ SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions. CM-2390-CWP-2021 Allowed as prayed for, subject to all just exceptions. Main petition

(2.) This writ petition under Articles 226/227 of the Constitution of India has been filed, inter alia, seeking cancellation of impugned order dated 04.02.2021 for FORM No. 22 (Annexure P-7), passed by respondent No.5, wherein, the name of the petitioner does not figure in the list of genuine nominated candidates; and to declare the petitioner entitled to contest the elections.

(3.) Learned counsel for the petitioner states that order dated 04.02.2021 was deliberately not made available to the petitioner and has been issued to him only yesterday under the influence of local MLA of the rival Indian National Congress, whereas, the petitioner comes from Shiromani Akali Dal. Further states that the order has been passed without considering the receipt dated 25.01.2021 (Annexure P-5), which depicts that the petitioner has been regularly paying the taxes due to him as well as copy of letter issued by the Municipal Council, Sirhind dated 06.10.1989 (Annexure P-12) and map (Annexure P-13), which clearly reflect that the structure was raised after due permission of the competent authority.