Back
SURESHWAR THAKUR, SUDEEPTI SHARMA
Simarpreet Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Sureshwar Thakur, J.)
Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari, thus for setting aside the impugned order dated 11.10.2024, whereby the election(s) for the post of Panch and Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur, has been cancelled, by respondent No.2, inter alia on the ground that the same is illegal, arbitrary and against the principles of natural justice. The petitioner further seeks a mandamus, thus directing the official respondents to hold the elections only for the post of Panches.
Factual Background
2. Petitioner filed nomination paper for the post of Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur of Gram Panchayat elections. Respondents No.4 to 10 also filed nomination papers respectively for the post of Panches and Sarpanch.
3. The present petition pertains to the election for the post of Sarpanch of village Chak Haraj, Tehsil Mamdot, District Ferozepur. Scrutiny of the nomination papers was completed on 04.10.2024. After scrutinizing the nomination papers of the candidates, respondent No.3, pasted the list of candidates whose nominations were rejected. In
The State Election Commission lacks jurisdiction to cancel elections during the process, which must be resolved through election petitions before the Election Tribunal.
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....
The main legal point established in the judgment is that the right to contest an election is a statutory right, and the appropriate remedy for challenging the rejection of nomination papers is to fil....
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.
Judicial review cannot interfere with electoral processes once they have commenced, and disqualification under applicable statutes is upheld.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
