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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
West Bengal Pharmacy Council – Appellant
Versus
Rusha Podder – Respondent
JUDGMENT :
T.S. SIVAGNANAM, J.
1. This intra court appeal has been filed by the West Bengal Pharmacy Council challenging the correctness of the order passed in WPA No. 509 of 2023 dated 28.02.2023 filed by the respondents 1 to 4 herein. The respondent writ petitioners had filed the writ petition praying for issuance of writ of mandamus to direct the appellants/authorities to forthwith grant a hearing of the objections raised by them vide email dated 01.01.2023; to issue a writ of prohibition to restrain the appellant from sending election papers to the electors on January 09, and January 10, 2023 and for issuance of a writ of certiorari to quash the notice dated December 20, 2022 by which the appellant council published the list of accepted/rejected candidates for the election to the West Bengal Pharmacy Council.
2. The Learned Single Bench by the impugned order held that the rejection of the nomination of the respondent writ petitioners was flawed and directed the appellant council to reconsider the nominations filed by the writ petitioners in accordance with Rule 5(1) of the Rul
A challenge to an improper rejection of nomination in connection with an election process under Rule 5(1) of the Election Rules is amenable to challenge in a writ petition under Article 226 of the Co....
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 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 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....
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 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.
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 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....
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....
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