(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Ms.G.R.Vijayalakshmi, learned advocate for the petitioner and Mr.Percy Kavina, learned senior advocate with Mr.Biren Vaishnav, learned advocate for the respondents.
2. The petitioner has filed this writ petition challenging the rejection of the petitioner’s nomination papers for Gujarat Legislative Assembly – 7 Vav Assembly Constituency.
3. The Hon’ble Apex Court in the case of Manda Jaganath Vs.K.S.Rathnam & Ors. reported in AIR 2004 SC 3600 has held that if the nomination papers has been rejected improperly, the remedy of the petitioner is to file an election petition.
4. In view of the aforesaid decision, we dismiss the writ petition on the ground of alternative remedy of election petition.
(V.M.SAHAI, J.) (S.G.SHAH, J.) (binoy)