State Election Commission vs Kamlesh Kumar Meena Son Of Shri ...
2021 Latest Caselaw 6700 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 737/2021

1.     State Election Commission, Through Chief Election Officer
       Cum Secretary, 2nd Floor, Vikas Khand, Govt. Secretariat,
       Jaipur Rajasthan
2.     The District Collector Cum Election Registration Officer,
       Jaipur.
3.     Returning    Officer      Panchayat         Samiti       Jalsu   And   Sub
       Divisional Officer, Jaipur City (North), Aamer, Dist- Jaipur.
                                                                    ----Appellants
                                   Versus
1.     Kamlesh Kumar Meena Son Of Shri Harnath Meena, Aged
       About 25 Years, R/o Village And Post Punana, The Aamer,
       District Jaipur (Raj.)
2.     State Of Rajasthan, Through Its Principal Secretary, Rural
       Development           And       Panchayati           Raj      Department,
       Government Secretariat, Jaipur (Raj)
                                                                  ----Respondents

For Appellant(s)         :     Mr. R.B. Mathur
                               Mr. Nikhil Simlote
For Respondent(s)        :     Mr. Aniket Sharma on behalf of
                               Mr. Vijay Choudhary

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Order

20/11/2021

The respondent original petitioner wanted to contest the

election on the post of Member Gram Panchayat. His candidature

was not accepted by the election officer on the ground of

discrepancy of the name of the proposer. He thereupon filed the

petition before the learned Single Judge in which by way of interim

order it was directed that his candidature may be accepted and he

(2 of 2) [SAW-737/2021]

may be allowed to participate in the election as a Member of

Panchayat Samiti.

We are informed that pursuant to the interim direction,

petitioner was allowed to contest and he was also declared

elected.

We are broadly in agreement with the submission made by

the learned counsel for the State Election Commission that such

interim relief should not have been granted. We are conscious that

in the matter of election to local authorities and other elected

posts, which are conducted by the Election Commission/State or

Union, interference by the High Court in exercise of writ

jurisdiction is only in exceptional case bearing in mind the

constitution bench judgment laid down by the Supreme Court in

AIR (39) 1952 SC 64 : N.P. Ponnuswami Vs. The Returning

Officer, Namakkal Constituency, Namakkal, Salem Dist.,

and others particularly, issuing interim directions for including or

excluding the candidature of a candidate should be avoided.

However, now that the elections are also over, we are not inclined

to vacate the interim relief.

Let the parties to argue the case before the learned Single

Judge, which is still pending.

With this clarification and observation, the appeal is disposed

of.

                                   (REKHA BORANA),J                                                   (AKIL KURESHI),CJ

                                   ANIL KUMAR GOYAL /BM GANDJHI/PS-6









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