The court should take a liberal approach in considering the validity of nomination papers for reserved seats to avoid the risk of setting aside the entire election for a ward.

( 1 ) THESE three petitions involve common questions and are therefore heard and decided by this common judgment. The petitioners desire to contest the reserved seat elections to Ahmedabad Municipal Corporation which are now scheduled to be held on January 24 1993 The petitioner in Special Civil Application No. 8509 of 1992 wanted to contest from ward No. 37 petitioner in Special Civil Application No. 8543 of 1992 wanted to contest from ward No. 24 and petitioner in Special Civil Application No. 8743 of 1992 wanted to contest from ward No. 11. They wanted to contest from the reserved seats for Scheduled Castes and Scheduled Tribes. However their nomination papers have not been accepted for the reserved seats and they have been accepted for the general seats. Being aggrieved by the rejection of their nomination papers for the reserved seats they have approached this Court.

( 2 ) IT is submitted that even though the election process has started the question of rejection of nomination papers is such a question that if the time permits the Court should interfere and put the things right at this stage because if the elections are allowed to be held without examining the question of validity of nomination for reserved seat the entire election not only for the reserved seats but of the entire ward for all the seats may have to be cancelled and that would be unnecessary and easily avoidable waste of public time money any energy.

( 3 ) ON behalf of the respondents it is submitted that once the election process has started on Court should interfere with the election process and if anyone has any grievance the same can be raised by way of election petition challenging the election of the concerned candidate and one of the grounds for challenging such election is improper rejection of the nomination papers.

( 4 ) IT is true that once the election process has started it should be allowed to be completed without any interference by the Court and ordinarily the remedy is by way of election petition challenging the election. However the question of rejection of nomination papers is such a question that if it can be resolved in proper time without disturbing the election process the Court should try to see that it is resolved so that on that question the entire election not only for one seal but for all the seats of that ward are not put into Jeopardy and do not get set aside. However if it is not possible to redress this grievance in time the Court should refrain from interfering with the election process.

( 5 ) IN the present case the nomination papers wore to be filed from 19th to 21st November 1992. The same were to be scrutinised on 23rd and 24th November 1992. 28th November 1992 was the date for withdrawal of nomination papers and the poll was originally scheduled to be held on 27th December 1992 The first petition was filed on 19th November 1992 and notice was made returnable on the next dale and thereafter rule was issued and at the request of the learned Counsel for the respondents it was not heard on that day finally and it was made returnable on December 9 1992 In the other two matters also rule was made returnable accordingly. In the meanwhile due to the disturbed situation in Ahmedabad City the election came to be postponed and now they are scheduled to be hold on January 24 1993 Therefore there is till one month time. In these circumstances it is just and proper to examine and to see whether any case is made out of improper rejection of nomination papers for the reserved seals. In the cases reported in 22 GLR 1050 1986 GLH (UJ) 56 1987 (2) GLH (UJ) 10 and 23 GLR 397 Division Benches of this Court have taken a view that it would be open to the High Court to decide the question even at this stage.

( 6 ) IN all the three petitions it is not in dispute that all the three petitioners belong to the reserved category and sufficient proof thereof is on record. However the question raised by the respondents authorities is t