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Mira Devi vs The State Election Commission on 8 April, 2011

Patna High Court – Orders
Mira Devi vs The State Election Commission on 8 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.6087 of 2011
                                      MIRA DEVI .
                                         Versus
                      THE STATE ELECTION COMMISSION & ORS.
                                       -----------

2/ 08/04/2011 Heard learned counsel for the petitioner and

learned counsel for the State.

On the own showing of the petitioner on the

date that she filed her nomination i.e. 21.3.2011, her

resignation submitted on 11.3.2001 yet remained to be

accepted.

The submission of a resignation does not

tantamount to acceptance. Resignation is not a

unilateral but a bilateral process requiring its proper

acceptance.

It is more than apparent that the day that the

petitioner filed her nomination she was ineligible to do

so in absence of the resignation having been accepted

prior to that date.

There is no merit in this application.

The writ application stands dismissed.

KC                                      ( Navin Sinha, J.)
 

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