IMPORTANT POINT
The court established that once the election process has commenced, judicial interference is only permissible in extraordinary circumstances.

ORDER :

Munnuri Laxman, J.

1. The present Special Appeal is filed challenging the ex-parte interim order dated 01.10.2024 passed by the learned Single Judge in S.B. Civil Writ Petition No.16194/2024, whereby the election process commenced in pursuance of Election Notification dated 04.09.2024 was stayed.

2. The present appeal has been filed by the respondent No.3 in the writ petition.

3. The grievance of the appellant/respondent No.3 is that the order granting stay of election process was contrary to the well settled principles by the Apex Court dealing with the elections. Learned Senior Counsel appearing for the appellant submitted that once the election process has been commenced, the Court in normal circumstance would not interfere unless the extraordinary circumstance is made out, which is absent in the present case.

4. The learned Senior Counsel appearing for the appellant further contended that the nomination of the petitioner was submitted by post and in the nomination papers, the second Proposer signature was untallied with the signature which is available with dental council in the form of application which was submitted by Second Proposer for membership in Dental Council. Upon such variation, the Scrutiny Officer called the second proposer and obtained his signature which is tallied with signature on membership application but untallied with the signature on the nomination papers. In the said background, the Returning Officer after scrutiny, rejected the nomination, which is in tune with the rules.

5. It is also contended by learned Senior Counsel appearing for the appellant/respondent No.3 that the learned counsel for the writ-petitioner made certain submissions before the learned Single Judge, which were not found in the pleadings and such contentions, influenced the learned Single Judge to stay the election process, which process reached very advanced stage.

6. The learned Senior counsel further contended that there is an alternative remedy under the Dentists Act, 1948 to challenge any dispute relating to elections and such a petition can lies to the State Government under Section 26 of the Act of 1948 r/w the Rajasthan State Dental Council Rules, 2008 (hereinafter referred to as, “the Rules of 2008”).

7. In support of his arguments, learned Senior Counsel has relied upon the decision rendered by the Apex Court in the case of Shaji K. Josheph Vs. V.Viswanath & Ors., reported in (2016) 4 Supreme Court Cases 429.

8. The learned counsel appearing for the respondent No.1/writ petitioner has submitted that the petitioner had sent his nomination papers by post duly signed by the first Proposer and the second Proposer. It is not the case of the Returning Officer that the second Proposer was not present when the scrutiny was done, however, the rejection was made arbitrarily when it is no one’s case that signature was forged. According to him, the rejection suffers from arbitrary exercise of powers by Returning Officer. When such arbitrary powers have been exercised in order to deprive the writ petitioner chances of contest in election, there is no bar for the High Court to interfere in such a arbitrary exercise of power. Non-interference is only caution but that will not prevent the High Court from interfering the election process.

9. Learned counsel appearing for the respondent No.1/writ petitioner has relied upon the judgment of Apex Court rendered in the case of Union Territory of Ladakh & Ors. Vs. Jammu and Kashmir National Conference and & Ors., reported in 2023 SCC OnLine SC 1140.

10. We have considered the rival submissions and perused the impugned order as well as material available on record.

11. The undisputed facts in the present case reveals that Election Notification was issued on 04.09.2024 for elections of 04 members of Part-A and 04 Members of Part-B of the Rajasthan State Dental Council. The notification schedule reveals that the last date for nominations was 19.09.2024. The date of scrutiny of nominations was 20.09.