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Court allows aspirant to file papers after deadline

india Updated: May 04, 2011 00:36 IST
Sanjeev K Ahuja
Sanjeev K Ahuja
Hindustan Times
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Rajender Pathak, an aspirant from ward number 18 is the only candidate who will file his nomination on Wednesday. The last date for filing the papers was May 2.

Pathak, a lawyer, was denied permission to file papers on May 2 as he had not annexed a no-objection certificate (NOC) by the Municipal Corporation of Gurgaon (MCG).

The MCG had, reportedly, denied Pathak the NOC as he had not paid his house tax. He, later, moved court.

Civil judge Surya Chand Kant on Tuesday directed the state election commission to accepted Pathak's nomination at 11am on Wednesday.

“Section 8(l) of the Municipal Corporation Act, 1984, says if a person fails to pay his arrears, a notice should have been served to him. And within three months of receiving the notice, he should pay the arrears to the corporation. But no such notice was served to me by the civic body,” Pathak said.

He filed a suit for permanent and temporary injunction against the state election commission and commissioner. He also sought permission to file his nomination after the last date, on the ground that it is the fundamental right of a person to contest the elections.