ASHWANI KUMAR Vs. THE STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard Mr. S.B.K. Mangalman, learned counsel for the petitioner; Mr. Amit Shrivastava along with Mr. Girish Pandey, learned counsel for the State Election Commission and Mr. Kinkar Kumar, learned SC-9 for the State.

(2.) The petitioner has moved the Court seeking the following reliefs:

(3.) The petitioner along with respondent no. 7 and three others had filed nomination papers for the election to the post of Ward Councillor from Ward No. 28 of Biharsharif Municipal Corporation. On scrutiny held on 28.04.2017, all five nomination papers were accepted and upon one candidate withdrawing her candidature, the list of contesting candidates was published on 02.05.2017 and symbol was also allotted to the contesting candidate on 005.2017. On the date of scrutiny i.e., 28.04.2017 itself, the respondent no. 7 filed compliant before the State Election Commission alleging that the petitioner had not disclosed in his affidavit, filed along with the nomination papers, that there were three criminal cases pending against him and further that he was also a voter at Serial No. 131 of Territorial Constituency No. 5 under Gram Panchayat Raj Jamsari. The State Election Commission after notice to the parties and the District Magistrate, Nalanda passed order on 05.05.2017 and directed for rejection of the nomination paper of the petitioner.