AIR 2017 ORISSA 171

Orissa High Court

Hon'ble Judge(s): Biswanath Rath , J

(A) Orissa Municipal Corporation Act (11 of 2003) , S.88— Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats and Conduct of Election) Rules (2003), R.28(2) - Election petition - Election to post of corporator - Illegal acceptance of nomination papers - Discrepancy in candidate's name at different places like nomination paper, affidavit and transfer certificate - No clarification given on discrepancies during filing of nomination - Returning officer not empowered to make understanding of their own during scrutiny of nomination paper - Acceptance of nomination papers contrary to materials available on record - Directions issued for fresh election. (Para 7) (B) Orissa Municipal Corporation Act (11 of 2003) , S.88— Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats and Conduct of Election) Rules (2003) , R.28(2)— Election petition - Scrutiny of nomination papers - Election officer ought to take decision depending on availability of facts regarding discrepancies in candidate's name - In absence of clarification, nomination is liable to be rejected - Election officer either not noticing serious discrepancy or illegally accepting nomination - Election of candidate, illegal. AIR 1968 SC 929, AIR 2002 SC 241, AIR 2003 SC 3693,....