(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. This petition has been filed by the petitioner challenging the order/ communication dated 29.11.2012 passed by respondent No.3 herein rejecting the nomination of petitioner for the Legislative Assembly Election for Gujarat.
2. The petitioner wanted to contest the election from legislative constituency No.79 – Jamnagar South. His nomination paper has been rejected and he has challenged the rejection of his nomination papers.
3. Mr.Preman Rachh, learned advocate for the petitioner has placed reliance on the Apex Court decision – Pothula Rama Rao Vs.Pendyala Venkata Krishna Rao & Ors. reported in AIR 2007 SC 2924. On the strength of this judgment, he has urged that his nomination paper has wrongly been rejected as it was not signed by 10 proposers.
4. On the other hand, Mr.Percy Kavina, learned senior counsel assisted by Mr.Biren Vaishnav, learned advocate for the respondent No.1 has urged that the remedy is not available to the petitioner, and against the rejection of nomination paper, the remedy available to the petitioner is filing a election petition. He has placed reliance on an Apex Court decision – Manda Jaganath Vs.K.S.Rathnam & Ors.
reported in AIR 2004 SC 3600.
5. We are in agreement with the view taken by the Hon’ble Apex Court in Manda Jaganath’s case (supra). The proper remedy available to the petitioner is to challenge his rejection of nomination paper after the elections are over by filing election petition. This petition, therefore, is dismissed on the ground of alternative remedy of election petition.
(V.M.SAHAI, J.) (S.G.SHAH, J.) (binoy)