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GURPAL SINGH AHLUWALIA
Munna Lal – Appellant
Versus
Madhya Pradesh State Election Commission – Respondent
JUDGMENT
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
'i) That, impugned order contained in Annexure /1 (Colly.) may kindly be quashed and the petitioners be declared to be eligible for reserved seat of S.T. Category in election of the Counsellor Ward No.6 Municipal Corporation Gwalior (M.P.) for all purposes.
ii) Cost of the petition be awarded or any other order deemed fit in the circumstances of the present case may be passed.'
2. It is submitted by the counsel for the petitioners that the petitioners had submitted their nomination papers for the post of Counsellor Ward No.6, Gwalior. However, their nomination papers have been wrongly rejected.
3. It is submitted that a writ petition under Article 226 of the Constitution of India is maintainable against improper rejection of candidature. The petitioner has relied upon a judgment passed by a Co- ordinate Bench of this Court in the case of Smt. Shamabai vs. Panchayat and Rural Development and others passed on 20.6.2022 in W.P.No.12982/2022.
4. Per contra, the petition is vehemently opposed by the counsel for the respondent/State. It is submitted that in view of the bar as
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....
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.
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