Pleas against rejection of nomination not maintainable before polls: Bombay HC

The full bench of the Bombay High Court on Wednesday held {that a} candidate for the January 15 gram panchayat elections, whose nomination has been rejected by a returning officer (RO), can not problem the identical by submitting an election petition earlier than a court docket previous to the polls.

The HC held that such candidates can dispute the election of the profitable candidate, citing the rejection of their nomination kinds, by shifting court docket after the ballot outcomes are declared.

Chief Justice (CJ) Dipankar Datta, together with Justice A S Gadkari and Justice G S Kulkarni, was listening to a reference made to it by a two decide bench on whether or not problem by submitting a writ plea in court docket, searching for reduction like setting apart the RO’s rejection order, was maintainable.

On January 4, a division bench of CJ Datta and Justice G S Kulkarni had referred to the total bench pleas by 11 folks from Solapur district, who supposed to contest the gram panchayat polls and had been aggrieved because the RO had rejected their nominations.

The petitioners had claimed that such orders had been unlawful and arbitrary and sought that these be quashed and put aside. They had additionally sought course to the State Election Commission to cancel the gram panchayat elections stating that polls weren’t being performed as per provisions of the Maharashtra Village Panchayats Act, 1958.

The court docket, nevertheless, held that such a petition couldn’t be entertained in view of “clearly” relevant Article 243-O (b) of the Constitution, which supplies that no election to any panchayat shall be referred to as in query besides by an election petition offered to such authority.

On the dearth of provisions associated to enchantment towards the rejection by the RO, the court docket stated: “If indeed, the issue is so serious that ROs are inefficient and incapable of discharging the solemn duty entrusted to them, it is for the state legislature to make appropriate provisions in the Maharashtra Village Panchayats Act, 1958.”

It added: “After all, the legislature expresses the will of the people. An issue which could be dealt with by the legislature cannot be solved by a judicial fiat.”

Ultimately, the total bench held that petitions towards the rejection of nomination papers previous to polls are usually not maintainable at this stage and the identical “represents the correct view of law”.

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