This order rejects a writ petition challenging an election nomination form. The Court held the petition was not maintainable as the election process was underway, citing Article 243 ZG (b) and recent high court precedents barring judicial intervention.
The writ petition stands rejected, and the petitioner is advised to avail other remedies.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 67 of 2020
Milan Tembhurkar S/o Late Gaurang Tembhurkar, Aged About 45 Years, Resident Of Ward No. 09, Bhim Nagar Ambedkar Ward, Dongargarh, Post, Tahsil And Police Station Dongargarh, District- Rajnandgaon Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Chef Secretary, Mahanadi Bhawan, Nava Raipur, Chhattisgarh
2. The Collector Rajnandgaon, District- Rajnandgaon, Chhattisgarh
3. The Sub Divisional Officer/ Returning Officer Dongargarh, TahsilDongargarh, District- Rajnandgaon, Chhattisgarh
4. Anita Indulkar W/o Lokesh Indulkar, Resident Of Ward No. 09, Bhim Nagar Ambedkar Ward, Dongargarh, Post, Tahsil And Police Station Dongargarh, District- Rajnandgaon Chhattisgarh
---- Respondents
For Petitioner : Mr. Love Kumar Ramteke, Advocate For State : Ms. Abhyunati Singh, P.L.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
09.01.2020
1. The challenge in the present writ petition is to the nomination form submitted by respondent no.4 for the forthcoming election at Nagar Palika Ward No.9, Bhim Nagar Ambedkar Ward, Dongargarh.
2. At the outset, this Court is not inclined to entertain the writ petition for
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the reason that the election process has already begun and as per the provisions of Article 243 ZG (b) of the Constitution of India, there is a total bar whereby it has been specifically envisaged that “no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.”
3. The view of this Court stands fortified by the recent judgment of the Division Bench of this High Court in the case of Manoj Kansari Vs. State of Chhattisgarh & others decided on 02.12.2019 in WPC No. 3540 of 2019 wherein the Hon'ble Division Bench relying upon the judgment of the Supreme Court in the case of Anugrah Narain Singh Vs. State of Up1 and a judgment passed by the Division Bench of the Rajasthan High Court in the case of Mushe Khan Vs. State of Rajasthan2 has categorically held that the writ petition at this juncture would not be maintainable.
4. Accordingly, the present writ petition stands rejected reserving the right of the petitioner to avail other remedies open to him.
Sd/P. Sam Koshy Judge
Khatai
1 (1996) 6 SCC 203
2 AIR 2015 Rajasthan 35
1 issue framed by the court
Whether a writ petition challenging a nomination form can be entertained during an ongoing election?
Colour shows how this judgement treated each authority
Anugrah Narain Singh Vs. State of UpRelied on¶21
(1996) 6 SCC 203 · Who else cites this
Mushe Khan Vs. State of RajasthanRelied on¶21
AIR 2015 Rajasthan 35 · Who else cites this
1 provisions across 1 enactments
Milan Tembhurkar
State Of Chhattisgarh
The Collector Rajnandgaon
The Sub Divisional Officer/ Returning Officer Dongargarh
Anita Indulkar
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
