Naveen Soni S/O Shri Shyam Sunder ... vs The State Election Commission
2021 Latest Caselaw 741 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 864/2021

Naveen Soni S/o Shri Shyam Sunder Soni, Aged About 41 Years,
R/o W.no 1 Purana Bus Stand Adarsh Colony Sarwar Ajmer
(Raj.)
                                                                      ----Petitioner
                                       Versus
1.       The   State        Election   Commission,            Through    Its   State
         Election      Commissioner,              Rajasthan,         2Nd       Floor,
         Development Block, Secretariat, Jaipur.
2.       The District Municipal Election Officer, Ajmer, District
         Ajmer.
3.       The   Returning          Officer     (Sub      Divisional      Magistrate),
         Municipal Board, Sarwar, District Ajmer (Raj.)
                                                                   ----Respondents

For Petitioner(s) : Mr.Sunil Kumar Singodiya For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

25/01/2021

The instant writ petition has been filed by the petitioner

challenging rejection of his nomination to contest election of the

Municipal Board Sarwar, District Ajmer.

Learned counsel for the petitioner submitted that rejection of

nomination paper of the petitioner is in gross violation of the

statutory provisions of law and as such, the petitioner has wrongly

been deprived to contest election.

This Court in SB Civil Writ Petition No.679/2021

(Gaurav Malik Vs. Rajasthan State Election Commission &

Anr.), decided on 20th January, 2021, has already considered the

(2 of 2) [CW-864/2021]

issue of maintainability of the writ petition before the High Court

challenging rejection of nomination paper in the municipal

election.

This Court has found that the writ petition against rejection

of nomination paper is not maintainable and as such, the petition

has been dismissed. Relevant portion of the order dated 20 th

January, 2021 passed in the case of Gaurav Malik (supra) is

quoted here for ready reference :

"This Court also finds that the Madras High Court in the judgment dated 02.04.2019 passed in the case of J.

                                                 Shanmugapriyadharsini            vs.    Chief
                                                 Electoral      Officer    &     Ors.     (WP

No.9972/2019) has also considered the similar issue and has come to conclusion that the remedy available to a candidate in the election against the rejection of nomination paper, is not by way of writ petition under Article 226 of the Constitution of India.

This Court finds that the writ petition filed by the petitioner cannot be entertained by this Court and accordingly, the same is dismissed.

It goes without saying that if the petitioner has remedy available under the law, he is always free to avail the same."

Accordingly, the present writ petition is dismissed, being not

maintainable. The liberty, available to the petitioner for redressal

of his grievances against the rejection of nomination paper, can

always be taken by him before the appropriate Forum.

(ASHOK KUMAR GAUR),J

Preeti Asopa /Monika/63

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