Hon'ble Ramesh Sinha,J.
The present Writ Petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 10.2.2012 (Annexure-3 to the Writ Petition), whereby the Nomination Paper submitted by the petitioner has been rejected by the Assistant Returning Officer, 16 Meerapur Assembly Constituency, District Muzaffar Nagar (respondent No.2).
From the averments made in the Writ Petition, it appears that the petitioner submitted his Nomination Paper on 9.2.2012 for contesting the Assembly Election from 16-Meerapur Assembly Constituency, District Muzaffar Nagar. By the order dated 10.2.2012 (Annexure-3 to the Writ Petition), the Assistant Returning Officer, 16 Meerapur Assembly Constituency, District Muzaffar Nagar (respondent No.2) rejected the Nomination Paper submitted by the petitioner.
The petitioner has thereupon filed the present Writ Petition seeking the relief as mentioned above.
We have heard Sri Hafeez Khan, learned counsel for the petitioner and the learned Standing Counsel appearing for the State, and perused the record.
From the averments made in the Writ Petition, it is evident that the election process for the Assembly Election has already started. In the circumstances, we are of the view that it will not be appropriate for this Court to interfere in the election process in exercise of its Writ Jurisdiction under Article 226 of the Constitution of India. It will be open to the petitioner to challenge the election of the returned candidate after the election by filing an Election Petition before the High Court under the provisions of the Representation of the People Act, 1951. It is noteworthy that Clause (c) of sub-section(1) of Section 100 of the Representation of the People Act, 1951 provides that the election may be challenged on the ground that any nomination has been improperly rejected.
In support of our view, we may refer to Article 329(b) of the Constitution of India and the following decisions:
1.N.P. Ponnuswami v. The Returning Officer, Namakhal Constituency, Namakhal, Salem Distt., and others, AIR 1952 Supreme Court 64.
2.Mohinder Singh Gill and another v. The Chief Election Commissioner, New Delhi and others, AIR 1978 Supreme Court 851.
3.The Election Commission of India v. Shivaji and others, AIR 1988 Supreme Court 61.
4.Election Commission of India through Secretary v. Ashok Kumar and others, AIR 2000 Supreme Court 2979.
In view of the above, the Writ Petition filed by the petitioner is liable to be dismissed and the same is, accordingly, dismissed.
Order Date :- 17.2.2012 NS