1995 Supreme(Raj) 1052
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mrs.M.Kapur, J.
Smt. Meena Jangid - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 6216 of 1994.
Decided On : 19-10-1995
The right to vote or stand as a candidate for election is not a civil right but is subject to the limitations imposed by statute or special law.
Headnote:
Election Petition - Voter List - Right to Contest Election
Fact of the Case:
The petitioner's nomination for the municipal election was rejected due to her name not being in the voters list, despite being included in the assembly election list. The petitioner alleged that the Collector did not discharge duties as per relevant provisions of the law, depriving her of the right to contest the election and to vote.
Finding of the Court:
The court dismissed the writ petition, stating that the right to vote or stand as a candidate for election is not a civil right but is a creature of statute or special law and must be subject to the limitations imposed by it. The court also held that when a procedure has been provided for challenging the elections before a Special Tribunal, the grounds cannot be allowed to be agitated in a writ petition.
Issues: The issues revolved around the petitioner's right to contest the election and the alleged irregularities in the preparation of the voters list.
Ratio Decidendi: The court emphasized that the right to vote or stand as a candidate for election is subject to the limitations imposed by statute or special law, and that grounds for challenging elections should be raised through an election petition after the election is over.
Final Decision: The writ petition was dismissed by the court.
JUDGMENT
1. - The petitioner claims to be a resident of Ward No, 12 in Sikar According to the petitioner her name and particulars were collected for purposes of including it in the voters list and she was given a copy of the election card. But when she filed her nomination paper for contesting the election, it was rejected on the ground that her name did not find place in the voters list in the Municipal Council for the election of the year 1994. It is alleged that the Collector, who is the controlling authority for preparing voter list has not discharged his duties according to the relevant provisions of the law and she has been deprived of the right to contest the election and to vote. Her name was included in the voters list of Assembly election but the non-inclusion of her name in the voters list of Municipal election has been done in order to deny her right to contest the election. Electoral rolls is prepared in accordance with the provisions of law and there are provisions for getting names included. When once the election process is started the -jurisdiction of the courts is barred in relation to matters which relate to the final out come of the election. The elections are to be completed as early as possible and according to time schedule and all controversial matters of dispute arising out of the election should be postponed till the elections are over so that the election proceedings may not be re tarted or protracted. There may be some irregularity which affects a particular person or class of persons and if for this reason the elections are postponed it will never be possible to complete an election. The grounds which are raised for purpose of challenging an election by filing an election petition can be raised only after the election is over by means of an election petition.
2. The right to vote or stand as a candidate for election is not a civil right but is a creature of statute or special law and must be subject to the limitations imposed by it. When a procedure has been provided for challenging the elections before a Special Tribunal then the grounds cannot be allowed to be agitated in a writ petition. In this connection reference may be made to N.P. Ponnuswami v. Returning Officer, Namakkal (AIR 1952 SC 64).
3. For the aforesaid reasons, the writ petition stands dismissed.Writ petition dismissed.
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