The petitioner sought a direction to the Returning Officer to accept a nomination form on the basis of Higher Secondary qualification. The Court held that intervening now would usurp the Returning Officer's jurisdiction post-election process initiation and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
: O R D E R :
S.B. CIVIL WRIT PETITION NO.8357/2015
Smt. Kiran V/s.
State of Rajasthan & Ors.
Date of Order ::6.8.2015
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. L.R. Ramdhari, for the petitioner/s.
BY THE COURT:
Defects pointed out by the office are overruled.
This writ petition has been filed by the petitioner seeking a direction to the Returning Officer not to reject her nomination form on account of not having required educational qualification.
The petitioner claims herself to be holding qualification of Higher Secondary and submits that the petitioner is qualified to contest the ensuing elections to the local body.
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 her nomination form and therefore, prayed that a direction be issued to the respondents
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to consider qualification of Higher Secondary and further direct the Returning Officer not to reject petitioner's nomination form.
I have considered the submissions made by learned counsel for the petitioner and have perused the material placed on record.
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.
The petitioner is free to make her 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.
No interference is called for in the present writ petition. The same is, therefore, dismissed.
(ARUN BHANSALI), J.
rm/ss1
2 issues framed by the court
Whether the High Court can direct the Returning Officer to reconsider eligibility despite the initiation of the election process.
Whether the writ petition can interfere with the Returning Officer's jurisdiction on nomination eligibility.
Kiran
State of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
