Sant Vaidehi Balabh Dev Acharyaji ... vs State Of Rajasthan
2022 Latest Caselaw 12470 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 7769/2021

Sant Vaidehi Balabh Dev Acharyaji Maharaj, Chela Shri Krishna Dasji Maharaj, Aged 41 Years, R/o Bheed Bhanjan Balaji Temple And Ashram, Masuriya Hill, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Jaipur.

2. Election Commission Of India, Through Its Commissioner/ Secretary, Nirvachan Sadan, New Delhi.

3. Chief Election Officer, Election Commission, Rajasthan, Jaipur.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Moti Singh
For Respondent(s)          :     Mr.   Sudhir Tak, AAG with
                                 Mr.   Saransh Vij
                                 Mr.   Umashankar Dhaka for
                                 Mr.   Hanuman Singh

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

18/10/2022

Heard learned counsel for the parties.

The petitioner, in public interest, has preferred this petition

seeking general directions to all the political parties and the

candidates who contest elections not to use caste, religion etc. for

the purposes of election and that they may be restrained from

visiting religious places such as Temples, Mosques, Church,

Ashram, Math and other places of worship during the election

campaign after the elections are notified.

                                            (2 of 3)                  [CW-7769/2021]



     The    petitioner    in    this    connection         had    previously   filed

D.B.C.W.P. No. 16064/2018 [Sant Vaidehi Balabh Dev Acharyaji

Maharaj Vs. State of Rajasthan and Ors.]. In the said writ petition

also the petitioner has sought general directions to the same

effect that all political parties and the candidates who contest the

election can only use their names and identity according to the

registration in the Electoral Roll or the nomination form but the

surname and the caste of the candidates should not be published

during the election campaign and the candidates and leaders of

the political parties may be restrained from visiting the religious

places during election campaign.

The said writ petition was dismissed by this Court in limine

vide judgment and order dated 23.10.2018 observing that seeking

vote in the name of religion, caste, community, language etc. is

statutorily prohibited and, therefore, no general directions in this

regard are required. However, it was left open for the aggrieved

persons that if any grievance exists in this regard, it may be

appropriately dealt with by the Election Commission in accordance

with law.

The petitioner in pursuance of the above order is said to

have submitted some representation to the Election Commission

but with no result.

In view of the aforesaid facts and circumstances, it is crystal

clear that the present writ petition is nothing but virtual repetition

of the earlier writ petition and the reliefs claimed are virtually the

same.

It is settled law that successive writ petitions for the same

cause of action are not maintainable and that filing of second writ

petition for the same purpose is an abuse of the process of law.

(3 of 3) [CW-7769/2021]

In view of the above, we are not inclined to exercise our

discretionary jurisdiction in this writ petition and dismiss the writ

petition with the directions to the Chief Election Commissioner of

India to objectively consider and pass appropriate order on the

representation of the petitioner, if any, made in this connection

earlier.

(SANDEEP MEHTA),J (PANKAJ MITHAL),CJ

78-Jayesh/-

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