DEVI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to quash the order passed by the respondent No. 3 Election Officer rejecting the nomination paper of the petitioner. It has been prayed that the petitioner's nomination paper may be declared as legal one and valid.

(2.) BRIEFLY stated the facts of the case as alleged by the petitioner are that he is the member of the respondent No. 2 Jodhpur Nagrik Sahakari Bank Ltd., Jodhpur (hereinafter referred to as the Bank) and also remained the Director of the respondent Bank. It is alleged that he filed two nomination paper for the post of member of Board of Directors on 17.11.1994 and 18.11.1994 in pursuance of the election programme issued by Notification dt. 10.11.1994 published in Rajasthan Patrika dt. 11.10.1994 (Anx.1). It is also alleged that his nomination paper was rejected in the scrutiny and the order of rejection was also not supplied. On enquiry he was informed that since he stands as a guarantor for M/s. S.V. Construction and certain dues are still lying with the Bank. Being aggrieved with the rejection of his nomination paper, the petitioner has filed this writ petition.

(3.) IN pursuance of the notice, the respondent No. 1 has filed reply on 3.12.1994 alongwith documents Anx. R/1 to 3 and respondent No. 2 filed reply on 25.11,1994 with documents Anx. R/2 -1 to 4. Rejoinder to the reply has been filed by the petitioner on 9.1.1995. As agreed by the learned Counsel for the parties, the matter is heard finally.