This Court dismissed the writ petition challenging the election of a Member of Parliament, holding such disputes must be filed as election petitions.
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Court No. - 40
Case :- WRIT - C No. - 23126 of 2021
Petitioner :- Rohitash Kumar Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Maithali Sharan Pipersenia,Anurag Shukla
Counsel for Respondent :- A.S.G.I.,C.S.C.,Jitendra Ojha,Paras Nath Rai,Tarun Agrawal
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner, Sri P.N. Rai, learned counsel for Union of India, Sri Jitendra Ojha, learned counsel for Election Commission of India and Sri Tarun Agrawal, learned counsel for State Election Commissioner.
Though prayer in writ petition may appear to be distinct, but in essence, petitioner wants a declaration from this Court with regard to invalidity of election of respondent no.6 as a Member of Parliament. Such relief cannot be granted in a writ petition.
Law is settled that election of a Member of Parliament, can be challenged by filing election petition. No interference in the writ petition, therefore, is called for.
Writ petition, accordingly, is dismissed.
Order Date :- 1.12.2021 D. Tamang
1 issue framed by the court
Whether this Court can grant a declaration regarding the invalidity of an election in a writ petition.
Rohitash Kumar
Union Of India
Others
Ashwani Kumar Mishra
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
