Petitioner filed a writ petition challenging rejection of his nomination for municipal elections on grounds of educational qualification. Court held writ not maintainable; remedy lies in election petition after result declaration.
Writ petition dismissed as not maintainable; no interference in rejection of nomination form.
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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.8392/2015
Iliyas Khan
Vs.
State of Rajasthan & Ors.
Date of Order:: 7.8.2015
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Rajendra S. Charan, for the petitioner/s.
BY THE COURT:
This writ petition has been filed by the petitioner aggrieved against the rejection of his nomination form for contesting elections for Ward No.4 for Municipal Board, Sujangarh .
It is inter-alia claimed that the petitioner is eligible to contest the elections, inasmuch as, he has done his Prathama from Hindi Sahitya Sammelan, Allahabad, which has been held equivalent to Secondary by judgments of this Court, one of such judgment being SBCWP No.974/89 (Sajjan Singh vs. UOI) decided on 4.4.1990.
The Returning Officer on scrutiny 6.8.2015 has rejected the nomination form of the petitioner coming to the conclusion that the petitioner is not holding the required educational qualification.
It is submitted by learned counsel for the petitioner that the Returning Officer was not justified in rejecting the
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nomination form of the petitioner and therefore, the same requires interference.
Admittedly, the election process has already started and the nomination form of the petitioner has been rejected during the course of election process.
The writ petition against the rejection of the nomination paper is not maintainable and in case, the petitioner is aggrieved against the rejection of nomination paper, the only remedy available to the petitioner is to challenge after declaration of result by filing election petition under the provisions of the Rajasthan Municipalities Act and the Election Rules.
In view of the above, no case for interference is made out. The writ petition is, therefore, dismissed.
(ARUN BHANSALI), J.
rm/ss
3 issues framed by the court
Whether a writ petition is maintainable against the rejection of a nomination form during an election process.
Whether the petitioner is eligible to contest elections based on equivalence of Prathama to Secondary education.
What remedy is available for a rejected candidature in municipal elections.
Colour shows how this judgement treated each authority
Sajjan Singh vs. UOIReferred¶14
SBCWP No.974/89 (Sajjan Singh vs. UOI)
2 provisions across 2 enactments
Iliyas Khan
State of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
