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7. The appellant was an employee of the Border Security Force and as such held office under the Government of India. The appellant was dismissed from service on 19.4.2017. He filed two nominations, one on 24.4.2019 and another on 29.4.2019. The nominations have been found to be invalid by the returning officer because they were not accompanied by a certificate to the effect that the appellant has not been dismissed for corruption or disloyalty to the State as required by Section 9(2) 1 read with Section 33 (3)2 of the Act.

8. Clause (6) of Part IIIA of Form 2A of the nomination paper contains a query whether the candidate was dismissed for corruption or for disloyalty while holding office under the Government of India or Government of any State. In the first nomination form filed by the appellant on 24.4.2019, the appellant stated ‘Yes’ against this query and disclosed the date of his dismissal as 19.4.2017. In the reply to the same query in the second nomination form filed by him on 1S. 9(2) :For the purpose of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact; Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person. 2 S. 33(3) :Where the candidate is a person who, having held any office referred to in (section 9) has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State.

29.4.2019, he stated ‘No’. The Returning Officer issued two notices on 30.4.2019 referring to the different answers in the two nominations. The notices further pointed out that the appellant had placed on record evidence that he was dismissed from the service of Government of India within five years before the date of the nomination. But that his nomination form was not accompanied by the requisite certificate. He was required to submit a certificate of the Election Commission to prove that he was not dismissed from service on the ground of corruption or disloyalty to the State as required under Section 9 (2) and Section 33 (3) of the Act. He was given time up to 11:00 am on the next day i.e. 01.05.2019 by both notices to furnish such a certificate from the Election Commission. This time was given in accordance with the provision of Sub-section (5) of Section 363 which allows a candidate to rebut any objection not later than the next day but one.

9. The appellant replied to the first notice stating that he had not been dismissed from service on the ground of corruption or disloyalty to the State without however, making any attempt to provide a certificate from the Election Commission to that effect. After receiving the second notice on the same date he sent a letter and also wrote an email in the evening of 30.5.2019 to the Election Commission asking for a certificate when the time to produce it was 3 S.36(5) : The returning officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control;