YASH MIDDHA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 12.11.14 of the Returning Officer rejecting the nomination paper filed by the petitioner for contesting the election as Member from Ward No.21 of Municipal Council, Sri Ganganagar, on the ground that he is disqualified to contest the election by virtue of provisions of Section 24(iii) of Rajasthan Municipalities Act, 2009 ( for short "the Act").

(2.) The relevant facts are that the State Election Commission, Rajasthan, issued notification dated 7.11.14 for intended elections of various municipalities including the Municipal Council, Sri Ganganagar. As per the programme notified, the nominations were to be filed during the period from 7.11.14 to 11.11.14. The date for scrutiny of the nomination was fixed as 12.11.14. The last date for withdrawal of the candidature was fixed as 14.11.14 and the date and hours of polls, if necessary, is fixed as 22.11.14.

(3.) The petitioner being aspirant to contest the election as Member from Ward No.21 of Municipal Council, Sri Ganganagar filed his nomination form in the prescribed proforma alongwith the requisite declaration/undertaking and affidavit on 10.11.14. On the date fixed for scrutiny of the nomination papers, the Returning Officer examined the nomination papers. The petitioner's nomination paper has been rejected by the Returning Officer on the ground that since cognizance has been taken and charges have been framed by criminal court of competent jurisdiction against the petitioner for offences under Section 452 & 323/34 IPC, he is disqualified to contest the election by virtue of provisions of Section 24(iii) of the Act.