MADHU KHANNA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Challenge in this petition filed under Articles 226/227 of the Constitution of India is to the order dated 12.2.2015, Annexure P.1 passed by respondent No.4 Returning Officer, Office of Deputy Commissioner, Hoshiarpur, whereby the nomination paper of the petitioner for contesting the election to Ward No.39, Municipal Corporation, Hoshiapur has been rejected by the respondents, being contrary to the provisions of Section 41 of the Punjab State Election Commission Act, 1994 (in short, "the Act"). Prayer has been made for directing the respondents to accept the nomination paper of the petitioner and allow her to contest the election on the basis of nomination papers as filed by her or in the alternative to stay the process of election of Ward No.39, Hoshiarpur during the pendency of the present petition.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner is resident of Hoshiarpur City. The Government of Punjab through Department of Local Government vide notification dated 2.2.2015 issued process to conduct general elections to six Municipal Corporations i.e. Pathankot, Phagwara, Hoshiarpur, Sahibzada Ajit Singh Nagar, Moga and Bathinda and also to conduct by-elections of some of the wards of the Municipal Corporations of Jalandhar and Patiala. As per notification, elections for all these municipal corporations are notified to be held on 22.2.2015. Respondent No.2 issued the programme for conduct of the election by issuing a notification dated 7.2.2015 as per detail below:-

(3.) Notice of motion was issued. Shri Vinod S. Bhardwaj, Additional Advocate General, Punjab has appeared and has produced the original record for perusal of the Court.