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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
K. N. Shanth Kumar, Son Of Late K. A. Nettakallappa – Appellant
Versus
Electoral Officer Karnataka State Cricket Association – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to contest elections despite prior arrears. (Para 1 , 2 , 3) |
| 2. arguments concerning status of arrears and disqualification. (Para 4 , 6 , 7) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioner is before this Court seeking for the following reliefs;
a) Issue a Writ of Certiorari or any other Writ, Order or Direction quashing the order dated 24.11.2025 passed by the Respondent No.1 (Annexure A).
b) Issue a Writ of Mandamus or any other Writ, Order or Direction directing the Respondent No.1 to declare the Petitioner as a valid candidate for the purpose of contesting the elections of the Respondent No.2 Association and carry on the Election process of the Petitioner in terms of the duly published Election Calendar.
c) Declare that the provisions of clause 3B(D) (b) are not applicable to individuals contesting the election for the post of office bearers in accordance with rule 6(A) (i) with its proviso.
d) Issue such other Writs, Directions or Orders, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity.
2. The Petitioner claims to be the president of M/s Deccan Herald and Prajavani S
Disqualification for elections must be assessed at the date of scrutiny, not at nomination filing. A candidate's timely rectification of arrears allows participation, emphasizing the importance of br....
The plenary powers of the Election Commission of India under Article 324 of the Constitution to correct errors or deficiencies in the electoral process and the limitation of judicial intervention at ....
The court held that temporary payment arrears do not permanently disqualify a candidate from contesting elections, provided dues are settled before nomination scrutiny.
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.
Writ courts cannot intervene in nomination rejections during electoral processes under Article 226; jurisdiction is limited unless significant administrative errors invalidate the election process.
Point of Law : Nomination paper of the petitioner has been wrongly rejected on the grounds that the signatures of working President of State unit of INC on Form-A does not tally with Form-B submitted....
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....
Free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done but must also seem to be done, similarly elections should not only....
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