AUTHORITY Vs. SHYAMDEO PRASAD

JUDGEMENT

(1.) Calling in question the legal propriety of the order dated 3.11.2009 passed by the learned Single Judge in CWJC No. 13474 of 2009, the Chief Election Officer has preferred this appeal under Clause-X of the Letters Patent.

(2.) The facts which are requisite to be stated for adjudication in this appeal are that the respondent no. 1 filed his nomination paper for contesting for the post of Chairman of Panchayat, Lodipur PACS in the district of Gaya alongwith three other candidates. The scrutiny of the nomination papers was done on 3.10.2009 and the nomination of all the three candidates were rejected by the Block Development Officer-cum-Returning Officer, Lodipur PACS. The nomination paper of the petitioner was rejected on the ground that he had dues payable to the Magadh Central Co-operative Bank, Gaya. Questioning the legal proposition of the said rejection, the writ petition was preferred wherein it was contended before the learned Single Judge that he had received the 'No Due Certificate' issued by the Assistant Manager, namely, Ashok Kumar, which he had filed alongwith his nomination paper. On 1.10.2009 said Ashok Kumar issued another certificate wherein it was mentioned that Rs. 5,000/- was due. The said certificate was filed by one Satyendra Singh, who allegedly belonged to the Village-Lodipur, Gaya. The writ petitioner was asked by the Assistant Returning Officer to clarify the position while the matter was pending before the Election Officer. An enquiry was made through the District Co-operative Officer about the "No Due Certificate'. On production of records it was cleared that on 5.10.2009 a certificate was granted by the Managing Director of the Magadh Central Co-operative Bank to the District Co-operative Officer clearly stating that there was no dues as against the petitioner. The certificate had been granted after verification of the records of the Bank. Despite the same the petitioner's candidature was rejected. As all the nomination papers were rejected, a re-election was directed.

(3.) It was urged before the learned Single Judge that the records would bear that the Managing Director of the Magadh Central Co-operative Bank had certified to the Returning Officer (B.D.O.) that the petitioner had no dues and in that view of the matter the candidature of the petitioner could not have been cancelled on that score. The learned Single Judge adverted to the factual issue and expressed the view that a 'No Due Certificate' was issued by the Assistant Manager, Mr.Ashok Kumar which led to rejection of the petitioner's nomination paper. The learned Single Judge repelled the submission of the State Election Authority whether the rejection of the nomination paper is correct or not is a question to be decided by the election tribunal in a duly constituted proceeding pertaining to election dispute. The learned Single Judge also declined to accept the submission of the respondent-election authority on the ground that it had now become a fait accompli in view of the fact that the nomination was erroneously rejected inasmuch as the Managing Director of the Bank himself had clarified that the certificate granted by the Assistant Manager was erroneous. Being of this view, the learned Single Judge held that there was no necessity of filing an election petition at all because the records of the Returning Officer clearly reveal that the petitioner was not a debtor to any Co-operative Society and an erroneous certificate was granted to cause harm to him. Thereafter, the learned Single Judge declared the nomination paper to be valid and directed that the election process for election of the Chairman of the said PACS would accordingly continue in accordance with law.