Constitutional Bar on Interference in Electoral Matters: Telangana High Court Dismisses Writ Challenging Election Nomination Rejection
The Telangana High Court dismissed a writ petition filed by Kambalapally Ravindra Prasad, challenging the rejection of his nomination form for the Ibrahimpatnam Assembly Constituency. The bench, comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar, upheld the constitutional provision that bars courts from interfering in electoral processes.
The petitioner’s nomination was rejected by the Returning Officer on November 15, 2023, due to discrepancies between the names of the proposers on the nomination form and the electoral rolls. Arguing against this decision, the petitioner cited it as “arbitrary, mechanical and suffers from the vice of non-application of mind,” referencing the Supreme Court decision in Mohinder Singh Gill v. Chief Election Commissioner.
In its judgment, the High Court referred to Article 329(b) of the Constitution of India, which explicitly prohibits court intervention in electoral matters. The bench stated, “No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.” This reference underlines the court’s position on maintaining the sanctity of the electoral process and the constitutional provisions governing it.
The court further elaborated on its decision by referencing the landmark case of N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, highlighting the principle that any grievance regarding election proceedings should be addressed through an election petition after the election is over, rather than through intermediate judicial remedies.
While dismissing the petition, the court granted the petitioner the liberty to take recourse to an election petition if so advised. This ruling reinforces the judiciary’s stance on non-interference in the electoral process, in line with constitutional mandates and established legal precedents.
Date of Decision: 20th November 2023
KAMBALAPALLY RAVINDRA PRASAD VS THE ELECTION COMMISSION OF INDIA
