PUSHPA DEVI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard Mr. Bindhyachal Singh along with Mr. Staya Prakash, learned counsel for the petitioner; Mr. Amit Shrivastava along with Mr. Sanjeev Nikesh, learned counsel for the State Election Commission and Mr. Ashok Kr. Choudhary, learned counsel along with Mr. Bhola Kumar, learned counsel for the respondent no. 5.

(2.) The petitioner has moved the Court being aggrieved by rejection of her nomination paper on the ground that his proposer who had a valid 'No Dues Certificate' was not competent on the day of scrutiny i.e., 11.05.2017 as his 'No Dues Certificate' issued by the Nagar Parishad, Bakhtiyarpur had been cancelled on the day of scrutiny.

(3.) Learned counsel for the petitioner submitted that the 'No Dues Certificate' in favour of the proposer, Ram Kumar Singh was issued on 29.04.2017 by the Executive Officer, Nagar Panchayat, Bakhtiyarpur which was duly attached with the nomination papers of the petitioner but on the date of scrutiny i.e., 11.05.2017, without there being any intimation to the petitioner or her proposer with regard to cancellation of the 'No Dues Certificate', the Returning Officer on his own informed the petitioner that since the 'No Dues Certificate' stood cancelled, the nomination paper of the petitioner also stood rejected. Learned counsel submitted that neither any order was served on the petitioner or her proposer with regard to cancellation of the 'No Dues Certificate' and requisite filed for obtaining such order has also not resulted in copy of the order being served on her proposer i.e., Ram Kumar Singh. Learned counsel submitted that the respondent no. 5 is the sole person whose nomination paper has been accepted and she is the wife of the erstwhile Vice Chairman of Bakhtiyarpur Nagar Parishad and thus, under the influence of her husband, the 'No Dues Certificate' granted by the Executive Officer of Bakhtiyarpur Nagar Panchayat has been cancelled, and that too, on the date of scrutiny and the most surprising part is that without copy being served on the petitioner or any intimation to him, the same stood communicated 'unofficially' to the Returning Officer without there being any 'formal' communication to him also. Learned counsel submitted that the 'No Dues Certificate' was issued after proper verification by the Tax Daroga of the Bakhtiyarpur Nagar Panchayat namely, Pappu Kumar and surprisingly Pappu Kumar is also nephew of respondent no. 5. Learned counsel submitted that the entire game plan was to somehow reject the nomination paper of all candidates and to declare the respondent no. 5 elected, very well knowing that once she is declared elected, the process to challenge such election would take long and in effect would frustrate the cause of democracy and also lead to gross injustice. Learned counsel for the petitioner submitted that he has also represented to the State Election Commission.