- (1.) This petition has been filed for quashing the order dated 1 January 2016 (Annexure No. 1 to the writ petition) passed by the District Magistrate, Ghazipur/Returning Officer for rejecting the nomination paper submitted by the petitioner for election of Adhyaksh of the Zila Panchayat, Ghazipur and to permit the petitioner to contest the election scheduled to be held on 7 January 2016. A further relief that has been claimed is that the respondents should not declare Dr. Virendra Yadav -Respondent No. 5 as the Adhyaksh of the Zila Parishad during pendency of the writ petition.
(2.) It is stated that the petitioner was elected as a member of the Zila Panchayat, Ghazipur. He filed his nomination for the post of Adhyaksh of the Zila Parishad. The District Magistrate, Ghazipur, however, rejected the nomination paper of the petitioner by order dated 1 January 2016. The said order mentions that the nomination paper was being rejected for the reason that the petitioner had not enclosed the receipt of the security amount with the nomination papers.
(3.) Learned counsel for the petitioner has submitted that the petitioner had not only deposited the security amount in the Treasury but has also enclosed the receipt with the nomination paper and, therefore, the finding recorded to the contrary in the impugned order is incorrect. In this connection learned counsel for the petitioner has placed before the Court the treasury challan as also the representation dated 1 January 2016 that was filed by the petitioner before the State Election Commission.;