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LISA GILL, RITU TAGORE
Randhir Singh – Appellant
Versus
State Election Commissioner – Respondent
| Table of Content |
|---|
| 1. election candidacy challenges based on fraud. (Para 1 , 2) |
| 2. petitioners seek removal of the sarpanch. (Para 3) |
| 3. judicial restraint in electoral matters. (Para 5 , 6 , 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. the writ petition is dismissed. (Para 17 , 18) |
JUDGMENT
Lisa Gill, J.
Prayer in this writ petition is for cancellation of candidature of respondent no.8 and her removal from the post of Sarpanch of village Raja Kheri, District Panipat, to which she was elected in the election held on 02.11.2022.
2. It is submitted that election to the post of Sarpanch of village Raja Kheri, Tehsil and District Panipat was scheduled to be held on 02.11.2022 with the post in question being reserved for Scheduled Caste category (woman). Dates for submission of nomination form were between 14.10.2022 to 19.10.2022. It is submitted that respondent no.8 submitted incorrect information in a fraudulent manner to reflect herself to be a voter of village Raja Kheri. Her name was not entered in the voters list of the said village. She applied for enrollment of her name and on the last date prescribed for submission of nomination form, vote of respondent no.8 was prepared, i.e. on 19.10.202
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
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....
Point of Law : Nomination paper of the petitioner has been wrongly rejected on the grounds that the signatures of working President of State unit of INC on Form-A does not tally with Form-B submitted....
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