Narang Singh vs State Election Commission, Punjab and Others

Satish Kumar Mittal, J.—The petitioner, who is a resident of village Aluna Tola, Tehsil Payal, Block Khanna, District Ludhiana, has filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order of rejection of nomination paper of the petitioner with a direction to the Returning Officer (respondent No. 2 herein) to provisionally allow him to contest the elections for the post of Sarpanch of the village. It is the case of the petitioner that his nomination papers have been wrongly rejected by the Returning Officer on the ground that his caste certificate is not correct.

After hearing learned counsel for the petitioner, 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 Vs. Returning Officer, Namakkal Constituency and Others, Boddula Krishnaiah and another Vs. State Election Commissioner, A.P. and others, and Election Commission of India Through Secretary Vs. Ashok Kumar and Others, at this stage, this petition cannot be entertained. Dismissed with liberty to the petitioner to avail the alternative remedy of filing the election petition challenging the election of the successful candidate on the aforesaid ground.