N.K.JAIN, J. - (1.) BY this writ petition under Article 226 of the Constitution of India the petitioner seeks to quah the order (verbal) passed by the respondent No. 3 by which the nomination paper of the petitioner was rejected.
(2.) BRIEFLY stated the facts of the case are that the petitioner is the member of Jodhpur Nagrik Sahakari Bank Ltd., Jodhpur (respondent No. 2), As the term of the Board of Directors has already expired, by notification dated 10.11.94 (Annex. 1) published in daily newspaper 'Rajasthan Patrika'. election of Board of Directors was declared. Pursuant to the election programe. the petitioner filed his nomination paper. After scrutiny, on 18.11.94, the nomination paper of the petitioner was rejected on the ground that in his account Rs. 500/ - was not maintained for two years. This writ petition is directed against the rejection of the nomination paper. This writ petition has been filed on 21.11.94. While issuing notice on 25.11.94, this Court ordered that in the meantime the petitioner would be permitted to contest and participate in the election, which was postponed to 29.11.94 instead of 26.11.94 subject to the result of the writ petition. It was also ordered that the result be not declared. In pursuance to the notice, the non -petitioner No. 1 filed reply on 3.12.94 along with Annex, Rule /1 declaration filed by the petitioner alongwith nomination form and Annex. Rule /2 petitioner's back -account. An application under Article 226(3) of the Constitution was also filed to vacate the stay order dt. 25.11.94. Rejoinder to the reply has also been filed on 5.12.1994. It was also ordered that this case will be heard along with S.B. Civil Writ Petition No. 5394/94 Devi Chand v. State of Raj. and Ors. and petition No. 5381/94 Nirmal Nahar v. State of Raj. and Ors.
(3.) AS agreed by the learned Counsel for the parties, the matter is heard finally.;