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SUBODH ABHYANKAR
Shamabai – Appellant
Versus
Panchayat and Rural Development Department – Respondent
ORDER
1. Heard finally with the consent of the parties.
2. This petition has been filed under Article 226 of the Constitution of India challenging order dated 7.6.2022 passed by the Returning Officer (Panchayat), Neemuch whereby petitioner's election nomination Form for the post of Member Zila Panchayat, Neemuch has been rejected on the basis of blank left entry in the Form.
3. Petitioner's case is that the election of Panchayat for the State of Madhya Pradesh has been declared by the State Election Commission and thus the election of Gram Panchayat, Manasa, District – Neemuch has also been declared. After the notification of election, petitioner submitted her Form for contesting in the election of Member Zila Gram Panchayat., however, the aforesaid Form was opposed by the respondent No.5 by filing the objection on 7.6.2022, before the Returning Officer on the ground of false information furnished by the petitioner as also the incomplete affidavit filed by the petitioner. Aforesaid objection of the respondent No.5 was replied to by the petitioner and the objection has been decided by the Returning Officer vide impugned order dated 6.2.2022, holding that in Clause 2.10 of para 9 of th
The main legal point established in the judgment is that the rejection of a nomination form based on a technical defect that is not of a substantial character is not permissible under the law, and th....
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 constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
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 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 court affirmed that challenges to election nominations must be made post-election through an election petition, as per Article 329(b) of the Constitution.
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