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RAJ MOHAN SINGH, HARPREET SINGH BRAR
Jai Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. mandamus for election nomination rejection. (Para 1 , 2) |
| 2. eligibility criteria for panchayat candidates. (Para 3 , 4) |
| 3. maintainability of writ petition in election matters. (Para 5 , 6 , 7 , 8) |
| 4. constitutional bar against election interference. (Para 9 , 10) |
| 5. interpreting disqualification under section 175. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. disqualification not applicable to relatives. (Para 20) |
| 7. petition dismissed due to lack of grounds. (Para 21 , 22) |
Judgment
Mr. Harpreet Singh Brar, J.
The petitioner has filed the instant petition for issuance of a writ in the nature of mandamus directing the official respondents to reject the nomination papers of respondent No.7-Poonam Devi in view of instructions issued for Panchayat Election (Annexure P-1), on the ground that she is not eligible for contesting the election for the post of Panch. Further prayer has been made for directing the respondents to decide the representation dated 30.06.2023 (Annexure P-3) stated to be pending in the office of respondent No.2.
FACTUAL BACKGROUND
2. Briefly, the facts of the case are that petitioner is a resident of Gram Panchayat Nanagwas, Block Mahendergarh, Dist
The rejection of a nomination for a village panchayat election based on statutory qualifications is not remediable through a writ petition due to the bar under Article 243(O)(b) of the Constitution o....
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....
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....
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....
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.
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