- (1.) Rule 26 of the Appellate Side Rules is dispensed with on the prayer of the learned Advocate appearing on behalf of the petitioner so far as the private respondents are concerned. The petitioner submits that he has sent copies of the writ petition to the private respondent nos. 6, 7 and 8 only day before yesterday by speed post and he has filed an affidavit of service to that effect annexing the postal receipts and such affidavit is taken on record.
(2.) The only grievance of the petitioner is that he went to submit the nomination form but he was obstructed by some persons at the school premises and his nomination form was snatched. Even he was assaulted during such incidence. The petitioner lodged a complaint on 21st August, 2016 and also on 24th August, 2016 being Annexures P2 and P3 to the writ petition. It is submitted that the election is scheduled to be held on 4th September, 2016. The petitioner submits that he had no occasion to submit the nomination paper in spite of best effort to do so and unless an order is passed directing the concerned authority to supply another nomination form to the petitioner he will be prejudiced to contest the election. This Court is informed that the respondent no.4 is the authority to supply the nomination form to the petitioner as per Rule 28 of the Rules for Management of Recognized Non-Government Madrasah (Aided and Unaided), 2002. Having regard to the nature of the allegation and the submissions made on behalf of the petitioner and after hearing the learned Advocate appearing for the State, this Court directs the respondent no.4 to supply a separate nomination form to the petitioner by 12.30 p.m. tomorrow on production of a plain copy of this order and if the petitioner submits, the same should be accepted by the said respondent no.4 by 4 p.m. tomorrow (2.9.2016).
(3.) Since no one appears on behalf of the Teacher-in-Charge of the concerned school and other private respondents, the learned Advocate for the petitioner is directed to communicate this order forthwith to the private respondents. With the above directions, the writ petition is disposed of. Let a plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the learned Advocate appearing for the petitioner on usual undertaking.;