at 5p.m. on 3/10/2019 and in fact such a list of valid nominations was published excluding the name of the respondent no.4 on the ground that he has been disqualified by order dated 13/8/2019. It is submitted that the Returning Officer had no power to republish the list of valid nominations that too on 7/10/2019, which was not the date for finalization of the valid list of nomination. It is submitted that the election programme once notified is sacrosanct and no deviation from the same was permissible to be made. The learned counsel also submitted that once the list of valid nominations was finalized on 3/10/2019, the subsequent grant of stay by this Court on 4/10/2019 cannot be the basis for validating the nomination of the fourth respondent. For this purpose reliance is placed on the decision of the Supreme court in the case of K. Prabhakaran Vs. Jayarajan AIR 2005 SC 688 . It is submitted that the fourth respondent ought to have pointed out to this Court in W.P. No.768/2019 that the list of valid nomination has already been published, which appear to be not done. He, therefore, submitted that the order dated 7/10/2019 by which the name of the fourth respondent is included in the list of valid nominations be set aside.
