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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S.DOCTOR, SOMASEKHAR SUNDARESAN
Aashish Kishor Gadkari – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT :
1. Rule. By consent of the parties, rule made returnable forthwith, and taken up for final hearing and disposal.
Factual Background:
2. This petition challenges the rejection of a nomination filed by the Petitioner to contest as a candidate in the forthcoming elections of the Maharashtra Legislative Assembly in ‘the 173 Chembur Constituency’. The nomination form and the supporting affidavit along with requisite documents are said to have been filed by the Petitioner, with deposit of the requisite fees, with the Returning Officer communicating the objections and deficiencies which needed to be rectified. Scrutiny was scheduled for 11:00 a.m. on October 30, 2024.
3. According to the Petitioner, the Returning Officer did not allow the Petitioner to rectify the defects listed in the list of objections raised upon scrutiny thereof, which essentially was that the Petitioner had not been administered the oath. According to him, the non-administration of the oath was the only objection raised and this was not the fault of the Petitioner since he was available at the designated office for filing of nomination.
4. On October 30, 2024, the Petitioner contends, the nomination form of the
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 court affirmed that challenges to election nominations must be made post-election through an election petition, as per Article 329(b) of the Constitution.
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 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....
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 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 ....
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.
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
Point of Law : Nomination paper of the petitioner has been wrongly rejected on the grounds that the signatures of working President of State unit of INC on Form-A does not tally with Form-B submitted....
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