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2013 DIGILAW 769 (PNJ)

Gurmeet Singh v. State of Punjab

2013-06-28

RAJIV NARAIN RAINA, SATISH KUMAR MITTAL

body2013
Satish Kumar Mittal, J.(Oral);— The petitioner who is one of the candidate for the post of Sarpanch of village Kamalpur, Block Ganour, Tehsil Rajpura, District Patiala, has filed the instant petition for issuing direction to the Returning officer-respondent No. 6, to decide the objections filed by him against the acceptance of nomination papers of respondents No. 7 and 8 alleging that those respondents are not qualified to contest the election of the Sarpanch. During the course of arguments it has not been disputed that the nomination papers of respondents No. 7 and 8 have been accepted and now the election is going to be held on 3.7.2013. Learned counsel prays that at this stage directions be issued to respondents No. 6 to consider and decide the objections. We are not accepting the contention of the petitioner as once the nomination papers of respondent No. 7 and 8 are accepted, the objections filed by the petitioner are deemed to be rejected and after that the only remedy available to the petitioner is to challenge the election of those respondents, if they are elected by filing the election petition. Thus, in view of these facts and the law laid down by the Hon'ble Supreme Court in N.P. Ponnuswami versus Returning Officer, Namakkal Constituency and others, AIR 1952 SC 64 ; Boddula Krishnaiah and another versus State Election Commissioner, A.P. And others, (1996) 3 Supreme Court Cases 416; and Election Commission of India versus Ashok Kumar and others, (2000) 8 Supreme Court Cases 216, at this stage, this petition cannot be entertained. Dismissed with liberty to the petitioner to avail the alternative remedy of filing the election petition challenging the election of the successful candidate on the aforesaid ground.