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NAWNEET KUMAR PANDEY
Manik Lal Prasad – Appellant
Versus
State of Bihar – Respondent
ORDER
I have already heard Mr. S.B.K. Mangalam, the learned counsel for the petitioner, Mr. Amit Shrivastava, the learned senior counsel for respondent no.7 and Mr. Ravi Ranjan, the learned counsel for the State Election Commission (Municipality), hereinafter to be referred to as 'the Commission' as well as the learned counsel for the State.
2. The petitioner has filed the present writ application for the following reliefs:—
(I) for issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 17.08.2024 passed by the Respondent no.4 in the capacity of Returning Officer to conduct the election for the vacant post of Chief Councilor of Khusrupur Nagar Panchayat whereby and where under Respondent no.4 was pleased to reject the nomination of the petitioner to contest for the post of Chief Councilor on the ground that the petitioner was removed from the post of Chief Councilor on 26.04.2022 when a motion of No Confidence was passed against him.
(II) for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent no.4 to bring on record the result of the election dated 17.08.2024 by which the Respondent no.4 was pleased to de
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 rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
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....
Court confirmed that judicial intervention in electoral matters is restricted once elections are announced, emphasizing elections must proceed without interruption due to concerns of illegality.
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....
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