IMPORTANT POINT
Election process once started should not be interfered with, more so when statutory remedy to approach the Central Government for referring the dispute is available.

JUDGMENT :

Anil R. Dave, J.

1. Leave granted.

2. Heard the learned counsel for the parties.

3. The issue involved in this appeal is with regard to election of a member to the Dental Council of India under Section 3(a) of the Dentists Act, 1948 [hereinafter referred to as 'the Act'] and Dental Council (Election) Regulations, 1952 [hereinafter referred to as 'the Regulations']. Respondent no.1 herein wanted to contest the election, but as his name was not in the electoral roll in Part A of the register of dentists for the State, his nomination form had not been accepted by the Returning Officer, Respondent no.3 herein. In these circumstances, Respondent no.1 preferred Writ Petition (C) No.4075 of 2011 before the High Court of Kerala at Ernakulam challenging the validity of rejection of his nomination paper. The Learned Singe Judge of the High Court vide judgment dated 23rd May, 2011 allowed Respondent no.1’s Writ Petition by setting aside the order passed by the Returning Officer, rejecting nomination in respect of candidature of Respondent no.1 and directed the Returning Officer to conduct the election afresh after including name of Respondent no.1 and to declare the result on the basis of such election to be conducted afresh from the stage after submission of the nominations.

4. Being aggrieved by the aforestated judgment delivered in the writ petition, the present appellant preferred Writ Appeal No.806 of 2011 assailing the validity and correctness of the said judgment rendered by the Learned Single Judge of the High Court. The Division Bench of the High Court dismissed the Writ Appeal by its judgment dated 18th July, 2011 and therefore, the appellant has approached this Court by way of this appeal.

5. The learned counsel appearing for the appellant submitted that on 3rd May, 2010, the Returning Officer had published preliminary electoral roll as specified in Regulation 3(1) of the Regulations and the last date for preferring claims and objections relating to the entries or omissions in the preliminary electoral rolls was 30th July, 2010. However, the said last date was extended up to 31st August 2010. Ultimately, the Final Electoral Roll was published in the Extra-ordinary Gazette no.35 on 10th January, 2011. The election programme was notified in the Gazette on 27th January, 2011, whereby it was notified that the last date for receiving nomination papers was 7th February, 2011 and the scrutiny of the nomination papers was to take place on 9th February, 2011. The schedule prescribed the last date for withdrawal of the nomination as 16th February, 2011 and the election was to take place on 18th March, 2011. Counting was to take place on 19th March, 2011. The aforestated facts are not in dispute.

6. The learned counsel further submitted that after the process of election had started by publication of the election programme on 27th January, 2011, the High Court should not have entertained the petition filed by Respondent no.1, especially when he was not even an elector/voter and that nomination of Respondent no.1 was rightly rejected by the Returning Officer because his name was not in the electoral roll.

7. In the circumstances, the learned counsel submitted that the appeal should be allowed especially in view of the law laid down by this Court in the case of N.P. Ponnuswami v. The Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. and others, AIR 1952 SC 64, Nanhoo Mal and others v. Hira Mal and others 1976 (3) SCC 211 and Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another v. State of Maharashtra and others 2001 (8) SCC 509. He submitted that the aforestated judgments of this Court have laid down the law to the effect that once the process of election starts, no court should interfere with the election process. He further added that in view of the fact that Section 5 of the Act read with Regulation 20 of the Regulations, specifically provides that whenever any dispute arises i