Sujit Pal v. West Bengal State Election Commission
2015-04-08
I.P.MUKERJI
body2015
DigiLaw.ai
JUDGMENT : Regrettably, I cannot entertain this writ application challenging rejection by the returning officer of the nomination papers filed by the writ petitioner in the Baidyabati Municipal Elections. Article 243ZG of the Constitution of India read with Section 75(1) of the West Bengal Municipal Elections Act, 1994 and the judgment of the Supreme Court in the case of N.P. Ponnuswami Vs. The Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. & Ors., reported in AIR (39) 1952 SC 64 impose a clear bar upon the Court even to entertain a writ complaining of non-acceptance of nomination papers. The Supreme Court has held in very clear terms in the above judgment, followed in subsequent judgments that the word “election” includes the pre-election process of receiving nomination papers, acceptance or rejection thereof. For those reasons, this writ cannot be entertained. But I do believe that the writ Court has the power to direct the returning officer to furnish the reasons for such rejection, which should be furnished within one week of communication of this order to enable the writ petitioner to approach the proper forum. The election process is not to be disturbed in any manner whatsoever. This writ application is accordingly disposed of. It is made clear that I have not gone into the merits of the dispute. It will always be open to the writ petitioner to file an election petition. Let a plain photocopy of this order duly countersigned by the Assistant Registrar (Court) be given to the parties upon compliance with all necessary formalities.