WPMS/292/2022
2022 Latest Caselaw 397 UK

IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
     ON THE 23RD DAY OF FEBRUARY, 2022
                               BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 292 of 2022


BETWEEN:
     Lakshmi.                                        ........Petitioner
     (By Ms. Neetu Singh, Advocate, holding brief of Mr. Rahul Baisoya, Advocate
     for the petitioner)


AND:
     State Election Commission
     Uttarakhand and others.                           ...Respondents
     (By Mr. Sanjay Bhatt, Advocate for respondent no. 1)


                                   JUDGMENT

Heard learned counsel for the parties.

2. According to the petitioner, nomination papers filed by respondent no. 3 was wrongly accepted by the Returning Officer. According to her, petitioner had filed objection against wrongful acceptance of nomination papers of respondent no. 3, which is still pending and no decision has been taken thereupon.

3. By means of this writ petition, petitioner has sought the following reliefs:

"a. A Writ Order or Direction in the nature of Mandamus directing the respondent no. 2 decide the objection of the petitioner dated 29.01.2022 with reasoned and speaking Order as expeditiously as possible; and/or

b. A Writ Order or Direction in the nature of Mandamus directing the respondent no. 2 to cancel/reject the nomination of Satpal

Maharaj/respondent no. 3 for candidature of Member of Uttarakhand Legislative Assembly Election 2022."

4. The relief, as claimed, cannot be granted, as the only remedy available to the petitioner is to file an Election Petition.

5. In such view of the matter, the writ petition is dismissed with liberty to petitioner to approach the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Navin