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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Ranjan Gogoi, Son of Late Pradip Gogoi – Appellant
Versus
State of Assam, represented by the Commissioner/Secretary, Panchayat and Rural Development Department – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
The three writ petitions have been preferred by the petitioners against rejection of two nomination papers and acceptance of one nomination paper, submitted to contest in the Assam Panchayat General Election, scheduled to be held in two phases on 02.05.2025 and 07.05.2025 respectively.
2. All the three writ petitions, instituted under Article 226 of the Constitution of India, involve similar nature of issues.
3. The learned counsel for the petitioners have expressed urgency and the learned counsel for the contesting respondents have raised a preliminary point of non- maintainability of the writ petitions. Therefore, all the three writ petitions are taken up together first for consideration on the preliminary point, at the instance of the learned counsel for the parties.
4. Though facts pleaded in the writ petitions are not required to be narrated in detail for considering the preliminary point, but, in order to appreciate the preliminary point involved in the writ petitions, the relevant facts involved in each of the writ petitions are required to be exposited, atleast briefly.
5. In the writ petition, W.P.[C] no. 2178/2025, two writ petitioners have joine
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.
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....
Election – Rejected nomination paper - Maintainability of Petition - Petition would not be maintainable against an order rejecting a nomination paper - Section 15 confers very wide powers on trial Ju....
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
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.
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 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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