Rajasthan High Court
Rajesh Chand S/O Shri Gopi Chand vs State Of Rajasthan on 27 January, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.785/2021
Rajesh Chand S/o Shri Gopi Chand, Aged About 40 Years, R/o
Ward No.8, Jalpali, Kasba Srimadhopur, District Sikar
(Rajasthan)
----Petitioner
Versus
1. State of Rajasthan, through Chief Election Officer And
Secretary, State Election Commission, Rajasthan, Second
Floor, Vikas Khand, Govt. Secretariat, Jaipur.
2. District Municipal Election Officer (District Collector),
Sikar
3. Returning Officer, Nagarpalika, Shrimadhopur (SDM,
Srimadhopur), Sikar (Rajasthan).
----Respondents
For Petitioner(s) : Mr.Anoop Agarwal, Adv.
For Respondent(s) : Mr.P.C. Dewanda, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
27/01/2021
The instant writ petition has been filed by the petitioner
challenging the order dated 16.01.2021 whereby nomination of
the petitioner to contest election as Member of the Municipal
Board, Srimadhopur, Sikar has been rejected.
This Court finds that remedy to the petitioner is not by
way of filing of writ petition under Article 226 of the Constitution
of India.
This Court in the case of Gaurav Malik vs. Rajasthan
State Election Commission & Anr. (S.B. Civil Writ Petition
No.679/2021), vide order dated 20.01.2021, has considered the
(2 of 3) [CW-785/2021]
similar controversy and found that the writ petition cannot be
entertained. The operative portion of the said order dated
20.01.2021 is quoted as hereunder:-
"This Court finds that the judgment passed
by the Apex Court in the case of N.P.
Ponnuswami vs. The Returning Officer,
Namakkal Constituency & Ors. reported
in [AIR 1952 SC 64] had considered the
issue with regard to availability of writ
jurisdiction in the matter of rejection of
nomination paper of a candidate in election
and writ has not been hold to be
maintainable.
This Court finds that recently the Bombay
High Court in its Full Bench judgment i.e.
Writ Petition (ST.) No.26/2021
Karmaveer Tulshiram Autade & Ors. vs.
The State Election Commission & Ors.
decided vide order dated 13.01.2021, has
also come to conclusion that rejection of
nomination paper cannot be challenged by
way of writ petition. The Bombay High
Court has considered the judgment passed
by the Apex Court in the case of N.P.
Ponnuswami (supra), Mohinder Singh
Gill (supra) and Election Commission of
India through Secretary Vs. Ashok
Kumar & Ors. reported in [(2000)8 SCC
216] and has finally come to conclusion
that the remedy available to a candidate
against rejection of nomination paper, is to
take appropriate remedy by way of election
petition & not by filing a writ petition.
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.
(3 of 3) [CW-785/2021]
It goes without saying that if the petitioner
has remedy available under the law, he is
always free to avail the same."
This Court finds that the present writ petition filed by
the petitioner cannot be entertained and the same is accordingly
dismissed.
However, if the petitioner has remedy under the law for
challenging his rejection of nomination form, he is always free to
avail the same.
(ASHOK KUMAR GAUR), J
Himanshu Soni/102/Ramesh Vaishnav
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