LISA GILL, RITU TAGORE
Susharma – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Lisa Gill, J.
Prayer in this writ petition is for (i) directing respondents no.1 and 2 to enquire into correctness of the nomination form alongwith supporting documents enclosed therewith by respondent no.5, who has been elected to the post of Sarpanch on 02.11.2022.
2. It is stated in the writ petition that sister-in-law of the petitioner had contested for the post of Sarpanch of village Baroji, Tehsil and District Mewat (Nuh). It is alleged that grave illegalities were committed in this election with wide spread bungling in casting of votes and bogus votes
Election Commission of India v. Ashok Kumar
K. Venkatachalam v. A. Swamickan 1999(4) SCC 526
Manjinder Kaur Cheema v. State Election Commission, Punjab, 2021(3) RCR(Civ) 438, CWP-2887 of 2021
Mohinder Singh Gill v. The Chief Election Commissioner, New Delhi
The validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
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....
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.
Election disputes must be addressed through statutory remedies, and writ petitions are not maintainable when an alternative remedy exists under the relevant election laws.
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.