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Judgment
Tarlok Singh Chauhan, J
On 13.01.2021, the learned Vacation Judge passed the following orders:-
In compliance to order passed by this Court on 12.1.2021, learned Additional Advocate General, on instructions, informed the Court that on the scrutiny of the nomination papers of the petitioner, which took place on 4.1.2021, the same were found to be deficient as the petitioner had not appended a certificate to the effect that she belongs to Schedule Caste Category. He further submits that petitioner was telephonically called upon to rectify the discrepancy which she did not do so within the time allotted. Thus, in these circumstances,the nomination of the petitioner was rejected. In my view, in these circumstances, no interim relief can be granted to the petitioner, at this stage.
Accordingly, as prayed for, the case is ordered to be listed before appropriate Bench on 16.03.2021. In the interregnum, reply to the petition by the respondents within four weeks. Rejoinder thereto within two weeks, thereafter.
At this stage, learned counsel for the petitioner submits that he may also be permitted to avail statutory remedy of filing an election petition against the wrong rejection of his nomination papers. The petitioner is permitted to have recourse to the said statutory remedy also. It is observed that in the event of any such statutory petition being filed by the petitioner, then the same shall be duly entertained by the Court concerned and pendency of this writ petition shall not come in the way of entertaining the same. Further, the authority shall proceed with the hearing of the petition by completing the service of notice and pleadings etc. However, final hearing in the appeal shall be deferred till adjudication of the present writ petition or be done with the leave of this Court.
It appears that the petitioner has not filed the election petition till date ostensibly because of the pendency of the instant petition.
Now, when the result of election has already been declared, then in the given facts and circumstances, only an election petition can be said to be the proper and effective remedy. Accordingly, we direct the petitioner to file an election petition and, in case, the same is filed within two weeks' from today, it shall not be open to any of the parties to raise the issue of limitation. The adjudicating authority after registering the petition and after affording an opportunity of completion of pleadings, shall dispose of the same as expeditiously as possible and in no event later than 30.06.2021 . Any observation(s) made here-in-above shall not be taken as an expression of opinion on the merits of the case.
Accordingly, the instant petition is disposed of, so also pending application(s), if any.