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Pankaj Choudhary vs. Kailash Choudhary & Ors.

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Representation of People Act, 1951–Secs. 9(3) & 33(3)–Rejection of nomination paper on account of non-production of the certificate as provided by Sec. 33(2)–Petitioner was dismissed from service on account of violation of the provisions of the Conduct Rules, 1968–He was required to file a certificate issued by ECI to the effect that he has not been dismissed for corruption or disloyalty to State–Returning Officer had no option, but to reject his nomination–It is also not the case of the petitioner that such certificate was in existence on a relevant day–Returning Officer cannot postpone his decision nor make it conditional upon what may happen subsequent to that date–Merely because the ECI issued the certificate after the order passed by this Court, it cannot be of any consequence –Allegations of mala fide made against ECI cannot be examined in the instant petition–Interference declined.