The High Court dismissed a writ petition challenging the rejection of the petitioner's nomination paper for the Legislative Assembly election. Relying on recent decisions and established precedents regarding electoral nominations, the court found no grounds to entertain the challenge and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12/03/2021 Unlisted Court No.1.
Through Video Conference
AST 22 OF 2021
Nripen Mahato
Vs
The Chief Election Commissioner & Ors.
Mr. Soumik Ganguly Mr. Lal Ratan Mondal Mr. Dilip Kumar Sadhu Mr. Sayan Roy
… For the petitioner
Mr. Dipayan Chowdhury Mr. S. Chowdhury Mr. Souma Bhattacharya Ms. Priyanka Chowdhury
…. For the Respondents
This matter was mentioned before us in view of the fact that MAT 366 of 2021 was being considered on the same issue. This writ petition is filed by one who had submitted nomination for the election to the Legislative Assembly. Judicial review of the alleged rejection of the nomination is sought for. In terms of the decision rendered today by us in Chief Election Commissioner & Ors. Vs. Ujjwal Kumar & Anr. In MAT 366 of 2021 making reference to the decisions of the Hon’ble Supreme Court of India in judgments Mohinder Singh Gill and another vs. The Chief Election Commissioner, New Delhi & others (1978) 1 SCC 405, Election Commission of India Vs. Ashok Kumar &
2
others, (2000) 8 SCC 216, N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. & others reported as AIR 1952 SC 64 and Manda Jaganath Vs. K.S. Rathnam and others reported in (2004) 7 SCC 492, we see no grounds to entertain the writ petition challenging the rejection of nomination paper.
Writ petition is dismissed.
(Thottathil B. Radhakrishnan, C.J.)
(Aniruddha Roy, J.)
2 issues framed by the court
Whether the rejection of the petitioner's nomination for the Legislative Assembly election warrants judicial review and is maintainable as a writ petition?
If prior Supreme Court and High Court precedents render the challenge without merit, should the writ petition be entertained?
Colour shows how this judgement treated each authority
Chief Election Commissioner & Ors. Vs. Ujjwal Kumar & Anr.Followed¶11
Chief Election Commissioner & Ors. Vs. Ujjwal Kumar & Anr. In MAT 366 of 2021
Mohinder Singh Gill and another vs. The Chief Election CommissionerReferred¶11
Mohinder Singh Gill and another vs. The Chief Election Commissioner, New Delhi & others (1978) 1 SCC 405 · Who else cites this
Election Commission of India Vs. Ashok KumarReferred¶11
Election Commission of India Vs. Ashok Kumar & others, (2000) 8 SCC 216 · Who else cites this
N.P. Ponnuswami Vs. Returning OfficerReferred¶13
N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. & others reported as AIR 1952 SC 64 · Who else cites this
Manda Jaganath Vs. K.S. RathnamReferred¶13
Manda Jaganath Vs. K.S. Rathnam and others reported in (2004) 7 SCC 492 · Who else cites this
Nripen Mahato
The Chief Election Commissioner & Ors.
Thottathil B. Radhakrishnan
Aniruddha Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
