Bhupinder Singh Dhillon, G.C. Mittal, JJ. - (1.) In this petition under Articles 226/227 of the Constitution of India, order of the Returning Officer dated April 2, 1980, rejecting the nomination paper of the Petitioner, is sought to be quashed. After hearing the learned Counsel for the parties, we find that the impugned order is without jurisdiction. Admittedly, Zone No. 9 is a Zone where, the Societies have to elect their representatives. The nomination paper of an individual who represents a particular Society cannot be rejected on the ground that the said individual was not an active member. The relevant point would be whether the society, who is the voter, is an active member or not. The individual only represents the Society. In this view of the matter, the order of the Retuning Officer is without jurisdiction and the same is hereby quashed.
(2.) In view of the fact that the nomination paper of the Petitioner has been rejected illegally, therefore, the election from Zone No. 9 cannot take place according to the schedule The Returning Officer is directed to fix the election programme in accordance with law afresh.;