Writ petition challenging illegality in nomination papers of an ongoing election was dismissed as barred by settled law that election process cannot be stopped. Petitioner to seek remedy post-election.
Petitioner directed to seek appropriate remedy after the election is over.
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WPMS No. 1777/2013
Hon’ble V.K. Bist, J.
Mr. Ashish Bhatt, holding brief of Mr. Vijay Bhatt, Advocate for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. for the State/respondent nos. 1 to 3.
Heard learned counsel for the parties and perused the record.
Contention of the counsel for the petitioner is that there is some illegality in the nomination papers of respondent no.5. He submits that directions may be issued to respondent nos. 1 to 4 to cancel/remove the name of respondent no.5 from the list issued by respondent no.1. From perusal of the documents annexed with the petition, it is clear that election process has been started and only thereafter, some nomination papers were filed. It is settled law that election process cannot be stopped. Since the process is on, no direction can be issued for removing or cancelling the name of respondent no.5 from the list prepared by respondent no.1. The petition lacks merit and is liable to be dismissed in limine.
The writ petition is dismissed accordingly. However the petitioner may avail appropriate remedy, after the election is over. Interim relief application (CLMA No. 7885/13) also stands disposed of.
(V.K. Bist, J.) 02.08.2013
NCM:
1 issue framed by the court
Whether a writ petition challenging the legality of nomination papers in an ongoing election can be entertained.
Petitioner
State
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
