JUDGEMENT
SUDHIR MITTAL,J. -
(1.)The petitioner is aggrieved because his nomination as a candidate from Hisar Lok Sabha Constituency has been rejected.
(2.)General Elections for 17th Lok Sabha scheduled for the year 2019 were notified on 16/4/2019 and last date for filing of nomination was 23/4/2019 before 3.00 p.m. The petitioner submitted his nomination paper on 23/4/2019 at 2.12 p.m. as a candidate of Bhartiya Kisan Party. He alleges that the Chief Electoral Officer directed him to furnish a verified copy of the electoral roll of Badhra Constituency (the Constituency from which the petitioner is a registered voter) to be submitted on 24/4/2019 at the time of scrutiny. On 24/4/2019 at 12.43 p.m., the petitioner submitted a verified copy of the electoral roll, a true copy of which has been annexed as Annexure P3, but while scrutinizing his nomination paper, the same was rejected on the ground that the affidavit did not bear the remark "oath taken before me" of the Notary Public, who had attested the nomination form. The petitioner allegedly offered to get the defect removed immediately, but the offer was rejected. Since this objection was not raised earlier and he was only told to submit a verified copy of his electoral roll, the petitioner could not get the defect removed earlier in point of time. Nomination forms of candidates of Indian National Congress and Bhartiya Janata Party contesting from Rohtak Lok Sabha Constituency also suffered from same infirmity as the nomination form of the petitioner, but the said nominations have been accepted. Copies of nomination forms of these candidates have been annexed as Annexures P5 and P6. The petitioner submitted a representation dtd. 25/4/2019 (Annexure P7) by Email, but no action has been taken thereupon till date. Accordingly, it is alleged that the Election Commission of India has acted in an arbitrary and discriminatory manner in rejecting the nomination form of the petitioner. Reliance has been placed upon a judgment of the Supreme Court in 'Pashupati Nath Singh vs. Harihar Prasad Singh, 1968 AIR (SC) 1064.'
(3.)Mr. Namit Kumar, Advocate, Standing Counsel for the Election Commission of India is present in Court. He submits that an advance copy of the petition has been received by him and that the last date for scrutiny of nomination forms i.e. 24/4/2019 has long gone past. At this stage, no relief can be granted to the petitioner. That apart, Article 329 (b) of the Constitution of India bars interference in the election process, at this stage. Also, wrongful rejection of a nomination paper is a valid ground for challenging an election by way of election petition and thus, the petitioner has remedy of filing an election petition after the election process is over. Thus, the writ petition is liable to be dismissed. He places reliance upon 'N.P. Ponnuswami Vs. The Returning Officer, Namakhal Constituency, Namakkal, Sale Distt. and others, 1952 AIR (SC) 64' and 'Manda Jaganath Vs. K.S. Rathnam and others, 2004 AIR (SC) 3600.'
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