Writ petition filed by an election petitioner to call for nomination paper rejected. Court held the documents sought have no relevance to the disqualification ground and dismissed the petition.
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W.P. (C) No.14008 of 2016
29.08.2016
Heard.
The petitioner, who is the opposite party before the Election Tribunal, had filed a
petition to call for certain documents including the nomination paper. The said petition havi
ng been rejected by the impugned order, the petitioner has moved this Court by filing the pres
ent writ petition.
It is ascertained from record that the election petitioner has impugned the election
of the petitioner alleging disqualification on the ground that he has begotten three children
after the cutoff date.
Learned counsel for the petitioner submits that, the petitioner has filed the petiti
on to call for the nomination paper to prove that such an objection was never raised by the el
ection petitioner at the time of filing of nomination. However, the documents sought to be ca
lled for by the petitioner has no relevance so far as the issue to be decided in the election
petition is concerned. In view of such fact, I do not find any merit in this writ petition an
d the same is accordingly dismissed.
2
1 issue framed by the court
Whether the petitioner's request for nomination paper production is relevant to the disqualification ground of having children after the cutoff date.
The Petitioner
Election Petitioner
Unnamed Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court