Smt. Shashi vs State Election Commission (Panchayat and Local Bodies) and Others

M. Katju, J.—This writ petition has been filed against the impugned order dated 1.1.2001 Annexure-4 to the writ petition by which election on the post of Member of Kshetriya Panchayat, Manda district Allahabad has been countermanded.

It appears that 14 persons had filed their nominations for the aforesaid post but the Returning Officer rejected the nominations of 13 persons and thus declared the petitioner elected unopposed. The certificate was issued even after the date of the election.

It seems that the returning officer was in collusion with the petitioner as he rejected all the nomination papers except that of the petitioner. According to the Latin Maxim res-ipsa-loquitur which means "the thing speaks for itself" it is evident that there was collusion in this case. At any event, it is not a fit case for interference under Article 226 of the Constitution. Writ is a discretionary remedy and we are not inclined to exercise our discretion. The petitioner if so eligible may also contest the election, which is to be held in future. The writ petition is, therefore, dismissed.