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Ghaziabad: Court cancels candidature of councillor over discrepancies

By, Ghaziabad
Jan 31, 2025 11:43 PM IST

The court also found discrepancies in the documents submitted by the runner-up candidate who had petitioned the court to be declared as the winner from ward 35

A Ghaziabad court has directed action against the returning officer after the court found discrepancies in the nomination documents submitted by the councillor elected from ward 35 during municipal body elections that concluded in May 2023.

The court has now asked the district election officer to peruse all candidature papers and declare a competent candidate as elected from ward 35. (Sakib Ali/HT Photo)
The court has now asked the district election officer to peruse all candidature papers and declare a competent candidate as elected from ward 35. (Sakib Ali/HT Photo)

The court also found discrepancies in the documents submitted by the runner-up candidate who had petitioned the court to be declared as the winner from ward 35.

The directions were issued by additional district judge Indu Dwivedi on a petition filed by runner-up candidate Pintu Singh, who, along with seven others, contested the 2023 councillor elections from ward number 35 -- Akbarpur-Behrampur.

In his petition, Singh contended that the results from ward 35 must be cancelled or set aside on account of discrepancies and he should be declared the winning candidate instead. He also called for action against the election officials concerned. But the court found discrepancies in his nomination papers as well and said he cannot be declared a winner either.

The court has now asked the district election officer to peruse all candidature papers and declare a competent candidate as elected from ward 35.

In the May 2023 elections, both Chaudhary and Singh contested as independent candidates and Chaudhary secured 1,494 votes while runner-up Singh secured 1,471 votes.

The court said Chaudhary’s affidavit did not provide correct details, no-dues certificate or complete details of moveable and immovable assets. Also her name appeared in two places in the voters’ list, which is in contravention of the Municipal Corporation Act.

The court also said Singh wanted to be declared the winner, but documents submitted by him had several discrepancies as well. Several columns in Singh’s affidavit were left blank; there was no details of his spouse and dependents; and the properties in his wife’s name were mentioned as his.

“The election of Ritu Chaudhary from ward 35 of Akbarpur-Behrampur is nullified. The district election officer is directed to review the nomination papers of candidates, except respondent number 1 (Ritu Chaudhary), and declare a competent candidate as elected. The district magistrate is directed to take action against the returning officer for not performing the duties properly,” the court order issued on January 29, said.

“The petitioner has requested declaring him as elected, but the evidence indicates that the petitioner did not fill in complete details in the affidavit... In such a case, the petitioner cannot be declared an elected candidate,” the order said further.

“We will analyse the documents in which shortcomings were found and will file an appeal before the high court,” Chaudhary said on Friday.

Pintu Singh did not respond to repeated calls for a response.

The returning officer is supposed to check all relevant documents submitted by candidates during the scrutiny stage. But these discrepancies went unchecked and the court has now directed the district magistrate to take action against the returning officer.

“We will comply with the different directions given by the court in the order, and act accordingly,” district magistrate Deepak Meena said.

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