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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Telangana High Court today dismissed a writ petition challenging the rejection of nomination papers for the State Assembly elections from the 61-Jubilee Hills Constituency. The bench, comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar, upheld the principle that legal recourse for rejected nominations is available only through election petitions post-election, as per the Representation of the People Act, 1951.
The petitioners, residents of Hyderabad, had their nomination papers rejected on November 13, 2023, by the Returning Officer. Contesting this decision, they approached the High Court seeking judicial intervention. However, the court, in its order, highlighted the constitutional bar to interference in electoral matters, specifically referencing Article 329(b) of the Constitution of India.
Chief Justice Alok Aradhe, in his observation, noted, "Under the election law, the only significance which the rejection of a nomination paper has consists in the fact that it can be used as a ground to call the election in question." He further clarified, "It follows by necessary implication from the language of this provision that those grounds cannot be urged in any other manner, at any other stage and before any other court."
This ruling aligns with the Supreme Court's interpretation in seminal cases like N.P. Ponnuswami v. Returning Officer, Namakkal Constituency and Ram Phal Kundu v. Kamal Sharma, reinforcing the doctrine that electoral disputes should be resolved only through designated legal channels post-election.
The decision underscores the judiciary's stance on maintaining the sanctity and procedural integrity of the electoral process. While dismissing the petition, the court granted the petitioners the liberty to seek appropriate legal remedy under the Representation of the People Act, 1951, after the conclusion of the elections.
Date of Decision: 20th November 2023
ZAHEED KHAN VS THE RETURNING OFFICER
