KESAR SINGH Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2013-7-642
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 01,2013

KESAR SINGH Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents




JUDGEMENT

Satish Kumar Mittal, J. - (1.)THE petitioner, who is a resident of village Lallon Khurd, Tehsil Amloh, District Fatehgarh Sahib, has filed the instant petition under Articles 226/227 of the Constitution of India seeking quashing of the order dated 24.6.2013 (Annexure P -3) passed by the Returning Officer, rejecting her nomination papers for election to the post of Sarpanch of the village. It is the case of the petitioner that her nomination papers have been wrongly rejected by the Returning Officer.
(2.)AFTER hearing learned counsel for the parties, we are not inclined to entertain this petition, as the election process has already started. The elections are scheduled to be held on July 03, 2013. The petitioner has an effective alternative remedy to challenge the election of the successful candidate on the aforesaid ground. 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 SCC 416; and Election Commission of India versus Ashok Kumar and others, : (2000) 8 SCC 216, at this stage, this petition cannot be entertained. Dismissed with liberty to the petitioners to avail the alternative remedy of filing the election petition challenging the election of the successful candidate on the aforesaid ground.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.