(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr. Tejas P. Satta, learned counsel appearing for the petitioner and Mr. Percy Kavina, learned Senior Counsel assisted by learned counsel Mr. Biren A. Vaishnav appearing for the respondents.
2. Mr. Tejas P. Satta has vehemently challenged the order of Election Officer dated 1.12.2012 which was received by the petitioner on 4.12.2012 informing the petitioner that his nomination paper for Assembly elections for constituency 36 - Gandhinagar North is rejected on the ground that out of 10 proposers of the constituency, 4 proposers are from different constituency. Learned counsel for the petitioner has further urged that only one proposer from the constituency was sufficient.
3. We need not go into this question as elections for the Assembly are scheduled to be held in the State of Gujarat on 13th and 17th December, 2012. Further, the Apex Court in Manda Jaganath v. K.S. Rathnam and others, AIR 2004 SC 3600 has held that where the nomination paper has been rejected, the remedy of the petitioner is to challenge it by filing election petition.
4. This petition is dismissed on the ground that the petitioner has an alternative remedy of election petition.
Sd/-
(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya