HURR MEHDI BAQRI Vs. CHIEF ELECTION COMMISSION OF INDIA
LAWS(ALL)-2014-4-82
HIGH COURT OF ALLAHABAD
Decided on April 02,2014

Hurr Mehdi Baqri Appellant
VERSUS
CHIEF ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

- (1.) The petitioner has sought a direction in the nature of mandamus commanding the respondents to consider his nomination paper for the forthcoming elections to the 16th Lok Sabha in relation to the 08, Sambhal Lok Sabha Election Constituency as valid.
(2.) On 25 March 2014, the Returning Officer notified that the scrutiny of the nominations would take place on 27 March 2014 between 11:00 a.m. and 3:00 p.m. The nomination paper of the petitioner was rejected on 27 March 2014 on the ground that the name of the petitioner was not found at Serial No. 800 in the electoral rolls of the constituency. The Returning Officer has observed that the petitioner was absent though he was informed that the scrutiny will commence at 11:00 a.m. on 27 March 2014. The petitioner filed an application for making a correction in the nomination paper. This application has been rejected by the Returning Officer for the reason that once the nomination paper had been rejected, a review of the order was not permissible in law.
(3.) According to the petitioner, the scrutiny was to take place between 11:00 a.m. and 3:00 p.m. on 27 March 2014 and at 2:40 p.m. on 27 March 2014, he submitted the application to the Returning Officer for correcting an error in the nomination paper. The petitioner stated that in his nomination paper, he had incorrectly stated that his name appears at Serial No. 800 of the electoral rolls whereas, in fact, his name appears at Serial No. 802.;


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