BHUSHAN PRASAD SINHA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard learned counsel for the petitioner; the State Election Commission and learned AC to AAG-8 for the State.

(2.) The petitioner is aggrieved by the rejection of his nomination paper for election to Ward No. 4 of Nagar Panchayat, Sherghati in the district of Gaya.

(3.) Learned counsel for the petitioner submitted that while filling up the nomination paper, though he was required to give 'No Dues Certificate' but inadvertently, the said 'No Dues Certificate' which was filed related to his wife and at the time of scrutiny, he had given an affidavit to the effect that the 'No Dues Certificate' in his favour shall be filed. Learned counsel drew the attention of the Court to the guidelines issued by the State Election Commission dated 27.02017, to contend that the duty of the Returning Officer at the time of filling of nomination paper is to ensure that as per the check list, all necessary papers are attached and clerical mistakes removed. It was submitted that the Returning Officer not having done that, the inadvertent mistake on the part of the petitioner was required to be condoned by giving him opportunity to file the 'No Dues Certificate' issued in his name at the relevant time. Learned counsel further submitted that the Court has directed for consideration of the nomination paper of Basanti Devi in C.W.J.C. No. 6727 of 2017, by order dated 04.05.2017 and the petitioner may also be given similar relief.