Ravi Kumar vs The Election Commission of India and Others

Ramesh Kr. Datta, J.—The petitioner has come to this Court seeking a direction upon the respondent Nos. 4 and 5, the Returning Officer and the Assistant Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna to bring on record the decision taken by respondent No. 4 with respect to the nomination of the petitioner at the time of scrutiny of his nomination paper on 20.4.2009 by which he has rejected the nomination paper of the petitioner and for other consequential declaration. Learned counsel for the Election Commission of India has raised a preliminary objection that no writ petition is entertainable after notifications of election are issued and till conclusion of the election and even thereafter remedy of the petitioner would be to file an election petition.

The preliminary objection of the learned counsel for the Election Commission of India has to be accepted in view of a long line of decisions of the Supreme Court in this regard starting from the Constitution Bench decision in the case of N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency and Others, .

The writ application is, accordingly, dismissed as not maintainable.

However, learned counsel for the petitioner relies upon a decision of this Court in the case of Rameshwar Prasad Yadav Vs. Awadhesh Kumar Singh in which the direction of the Election Commission with regard to rescrutiny of the nomination papers of the candidates by the Returning Officer and thereafter reversing by the latter of his earlier decision has been upheld by this Court.

It is submitted that the petitioner has also filed a representation before the Election Commission and it open for the Election Commission to consider the same.

Without issuing any positive direction in the matter it is observed that if the Election Commission is of the view that the representation of the petitioner can be considered without in any way disturbing the ensuing Parliamentary Election in 30, Patna Sahib Parliamentary Constituency which is to take place on 7.5.2009, it. may consider the same in accordance with law. Let a copy of this Order be handed over to Sri J.P. Karn, learned Sr. Counsel for the Election Commission of India.