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B. KRISHNA MOHAN
Hanumantha Rao Desaisetty, S/o. Ganapathi Rao Desaisetty – Appellant
Versus
Election Commission of India, Rep. by its Chief Election Officer – Respondent
ORDER :
(B. Krishna Mohan, J.)
Heard the learned Senior Counsel for the petitioner, the learned Senior Counsel for the respondent Nos.1 to 6 and the learned Senior Counsel for the respondent No.7.
2. This Writ Petition is filed questioning the action of the respondent No.6 n not rejecting the nomination of the 7th respondent to the 117-Nellore City Assembly Constituency in the ensuing 2024 Legislative Assembly Elections, for not furnishing the details of his second wife Smt. Ponguru Indira and her properties in Form-26 filed along with his nomination on the ground of suppression and misrepresentation of the material facts, pursuant to the Objection Petition filed by the petitioner dated 26.04.2024 along with the supporting documents and overruling the objections raised by the petitioner vide order dated 26.04.2024 in Rc.A.54/2024/RO.
3. The learned Senior Counsel for the petitioner submits that the 7th respondent submitted Form-26 affidavit to be filed by the candidate along with the nomination paper before the Returning Officer for Election to Andhra Pradesh Legislative Assembly 2024 from 117-Nellore City Assembly Constituency. In the column of the “name of the spouse” he only menti
The court affirmed that challenges to election nominations must be made post-election through an election petition, as per Article 329(b) of the Constitution.
The right to contest an election is a statutory right, and the challenge to the rejection of nomination papers through a writ petition is not maintainable during the election process. The remedy of f....
A writ petition is not maintainable to challenge the rejection of a nomination form for a Gram Panchayat election, as Article 243-O(b) of the Constitution bars such a challenge.
The plenary powers of the Election Commission of India under Article 324 of the Constitution to correct errors or deficiencies in the electoral process and the limitation of judicial intervention at ....
Writ courts cannot intervene in nomination rejections during electoral processes under Article 226; jurisdiction is limited unless significant administrative errors invalidate the election process.
The rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
The main legal point established in the judgment is that the right to contest an election is a statutory right, and the appropriate remedy for challenging the rejection of nomination papers is to fil....
The rejection of nomination papers during the election process does not warrant a writ petition, and the appropriate remedy is to file an election petition after the election is completed.
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