Heard learned advocate for the petitioner and learned AGP for the respondent nos. 1 & 2. Though served none appears for respondent no.3.
Learned advocate for the petitioner invited Court's attention to the advertisement and contended that the production of certificate qua local residency which is unfortunately termed as 'domicile' is not forming part of the documents and hence there cannot be any information to the candidate for filing said document. The column in the application form contains requirement of holding shop in that area and that itself should have been sufficient to indicate the fulfillment of requirement of petitioner being local resident. However the appellate authority has rejected the appeal only on ground of deficiency of petitioner in not supplying certificate in question. He submitted that, therefore, petitioner may be permitted to approach the appellate authority once again with all these contentions and prayer for re-considering the appeal without being influenced by appellate authority's earlier order impugned in this petition.
Learned AGP submits that there cannot be any objection to this. However as the Court is not inclined to quash the appellate authority's order, let there be specific direction to the authority so as to earmark its area of consideration on the representation.
This Court is of the considered view that the petitioner deserves to be granted liberty to approach the appellate authority with all the averments & contentions in respect of the certificate in question, and if the petitioner approaches the authority within 10 days from today, the appellate authority is hereby directed to pass speaking order, and while passing the order, in case the appellate authority is satisfied with regard to petitioner's claim to be fulfilling of the requirements, then, the authority may not feel impeded in passing order in his favour on account of present order impugned in this petition. In other words the appellate authority is at an absolute liberty to decide the representation in light of the submission that may be canvassed without being influenced by earlier order or withdrawal of this petition.
In view of above, petitioner's advocate seeks permission to withdraw the petition. Permission as sought for his granted. Petition is disposed of as withdrawn, with a liberty to file fresh petition in case of difficulty in future. Notice discharged. No costs. Direct service permitted.
[ S.R. BRAHMBHATT, J ] /vgn Top