Dismissed

Mohammad Saleem v. the State Election Commission Jpr. and Ors.

Rajasthan HC6 Aug 2015CW/8338/2015

Case brief

AI extract

What is this about?

Writ petition filed seeking direction to Returning Officer not to reject nomination form due to lack of educational qualification. Court held it is for Returning Officer to decide eligibility and non-interference is called for. Petition dismissed.

What did the court decide?

Writ petition dismissed; no direction issued to Returning Officer to accept nomination form.

Mohammad Saleem Vs the State Election Commission Jpr. and Ors. — Election Law | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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: O R D E R :

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S.B. CIVIL WRIT PETITION NO.8338/2015

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Mohammad Saleem V/s.

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State Election Commission, Jaipur & Ors.

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Date of Order ::6.8.2015

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PRESENT

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. Bharat Devasi, for the petitioner/s.

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BY THE COURT:

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This writ petition has been filed by the petitioner seeking a direction to the Returning Officer not to reject his nomination form on account of not having required educational qualification.

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The petitioner claims himself to be holding qualification of Bachelor of Arts Preparatory Course ('BAP') and submits that the petitioner is qualified to contest the ensuing elections to the Municipality Merta, Distt. Nagaur.

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Learned counsel for the petitioner relying on the material placed on record, apprehends that the Returning Officer is not likely to treat the petitioner as eligible for contesting the election and consequently, would reject his nomination form and therefore, prayed that a direction be issued to the respondents to consider qualification of BAP equivalent to Senior Secondary

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and further direct the Returning Officer not to reject petitioner's nomination form.

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I have considered the submissions made by learned counsel for the petitioner and have perused the material placed on record.

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The sum and substance of the prayer made by the petitioner is that this Court is sought to be called upon to direct the Returning Officer to decide the eligibility of the petitioner in a particular manner, which in the opinion of this Court would be to usurp the jurisdiction of the Returning Officer in dealing with the nomination form of the petitioner, which jurisdiction does not lie with this Court, once the process regarding the election has already started.

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The petitioner is free to make his representation before the Returning Officer regarding the equivalence and / or the fact that the petitioner is in possession of the required eligibility and it is for the Returning Officer to decide the same.

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No interference is called for in the present writ petition. The same is, therefore, dismissed.

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(ARUN BHANSALI), J.

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rm/ss1

Mohammad Saleem v. the State Election Commission Jpr. and Ors.

Case brief

What is this about?

What did the court decide?

Mohammad Saleem v. the State Election Commission Jpr. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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