IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13587 of 2009 MUNNA RAI @ SHASHIKANT RAI Versus THE STATE ELECTION AUTHORITY & OTHERS ----------- 2 14.10.2009 Heard learned counsel for the parties. Petitioner alleges that despite categorical certificate having been filed after obtaining from the Bank in question indicating that there is no outstanding dues against the present petitioner but at the time of scrutiny based on some kind of ledger entry produced by vested interest, the nomination paper of the petitioner has been rejected. The said ledger entry and evidence indicates that there are some outstanding dues against the petitioner since 2007. Contention of learned Senior counsel for the petitioner is that this has been done without giving any opportunity to the petitioner to explain such an objection. Secondly, the objection has been filed or raised by third person who is an interested person since his wife and his father are candidates in the election. The rejection of the nomination, therefore, is motivated action on behalf of the election officer. From perusal of the impugned order of rejection of nomination paper as well as pleadings made on behalf of the petitioner, the Court has no hesitation in recording that there are disputes which needs verification and adjudication. It is not an open and shut case where the arbitrariness in rejection of nomination paper is per say. - 2 - If that being so, the Court has difficulty in giving direction for allowing the petitioner to contest the election which is scheduled to be held on 16th October, 2009. But if the petitioner makes out a case of illegal rejection of nomination paper for extraneous reason, he has a good case for election petition which may be filed after the result is declared. This writ application is dismissed with the above liberty. RPS (Ajay Kumar Tripathi,J.)