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2014 Supreme(Kar) 731

C.R.KUMARASWAMY
J. Joseph Solomon – Appellant
Versus
Chief Election Commissioner – Respondent


Advocates Appeared:
For the Petitioner:D.R. Ravkishankar, Advocate.
For the Respondents:Krishna S. Dixit, Advocate.

Judgment :-

1. This writ petition is filed praying to quash Annexure-'F', the internet / web extract of the rejection of the nomination paper dated 27.03.2014.

2. Annexure-'F' indicates that Sri.J.Joseph Solomon - candidate for contesting election as an independent has been rejected. Feeling aggrieved by the same, the petitioner has preferred this writ petition.

3. Heard the learned counsel for the petitioner as well as learned counsel for the respondents.

4. Learned counsel for the petitioner submits as under:

The Returning Officer i.e., the second respondent has not offered any reason for rejecting the nomination paper of the petitioner. He has been denied the opportunity to contest the election. Therefore, he seeks for Court's indulgence to quash Annexure-'F'.

5. Learned counsel for respondent Nos. 1 and 2 submits as under:

Whenever, a nomination paper of a candidate is rejected, then, he has to file an election petition. He cannot seek the relief under Articles 226 and 227 of the Constitution of India.

6. In support of his contention, he relies on the rulings reported in Manda Jaganath Vs.K.S.Rathnam and Others reported in (2004) 7 SCC 492. Attention of this Court was invited to Para N










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