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SUBODH ABHYANKAR
KRISHNA BAI W/o DINESH KUMAR PATIDAR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – 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 Village Kotada Bujurg, Tehsil Garoth, District Mandsaur whereby the petitioner’s Nomination Form for the unreserved woman post of Sarpanch for Gram Panchayat Kotada Bujurg, Janpad Panchayat Garoth on the ground that the no dues certificate in respect of the electricity bill was not of the petitioner as the electricity bill is in the name of the husband of the petitioner and the no dues certificate has been issued by the electricity company in the name of the petitioner’s husband Dinesh Kumar Patidar. It is submitted that it was only a technical objection which ought to have been allowed to be cured by the Returning officer.
3. Counsel for the petitioner has submitted that the petition has been filed also on the ground that initially the petitioner’s nomination form was accepted by the Returning Officer, which is apparent from the document Annexure P/4 wherein the Returning Officer has clearly stated that the Form of the petitioner being in accordance with law is accepted on 7-6-2022,
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 timing of court intervention in the election process, the fulfillment of essential qualifications by candidates, and the availability of r....
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....
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 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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