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Judgment
S.S. Dani, J.—Rule, returnable forthwith. Heard Counsel
The Petitioner had filed nomination paper to get himself elected to the village panchayat of Kakadhira from Ward No. 3. His nomination paper is rejected on the ground that he has mentioned wrong serial number from the voters'' list.
It seems that the Petitioner has mentioned Serial No. 997. In fact, his name appears at Serial No. 996. As the Petitioner is a valid voter, merely because he has wrongly entered the serial number, nomination paper should not have been rejected on technical ground. The ratio of decision in Ram Awadesh Singh Vs. Smt. Sumitra Devi and Others, squarely applies in this case.
Hence, order rejecting the Petitioner''s nomination paper is set aside. We hold that the nomination paper of the Petitioner is valid for election to ward *No. 3 of village panchayat, Kakadhira. Election to proceed accordingly.
If the date for allotment of symbol is over, then, irrespective of the choice made by the Petitioner, the Returning Officer will be at liberty to allot any symbol to the Petitioner. The Counsel for the Petitioner states that the Petitioner is willing to contest the election as per the symbol allotted to him by the Returning Officer.
Rule made absolute accordingly. No order as to costs.