Sri Nirakar Badhai vs State Election Commissioner and Others

Heard Learned Counsel for the parties.

The Petitioner is aggrieved by rejection of his nomination paper. According to the Petitioner, there are mistakes in the nomination paper, but he made a representation on 18.1.2007 to the Election Commissioner, Orissa, Bhubaneswar for correction of those mistakes. In the said representation he has never pointed out any discrepancy, which according to him, should have been corrected under Rule 29(b) of the Orissa. Grama Panchayats Election Rules.

Be that as it may, since the nomination paper of the Petitioner has been rejected on certain grounds, it is difficult for this Court at this stage to interfere with such rejection and direct the authorities to accept the Petitioner''s nomination paper. It is not in dispute that on the basis of nomination papers which are found valid by the Election Officer, symbols have been allotted and the process of election is going on. In support of his contention, Learned Counsel for the Petitioner has relied on a judgment of this Court reported in the case of Abhan Singh Vs. Election Officer, Raighara Grama Panchayat and Others, . In that Case also, the Court found that the rejection of nomination paper was invalid. But, the Court exercised its jurisdiction only after the election was held.

In that view of the matter, we find that no interference at this stage is called for. As such, the Writ Petition is dismissed. This order passed today does not contain any expression which will in any way affect the right of the Petitioner to file an election petition after the election is over.

Misc. Case No. 958 of 2007 is disposed of.

Urgent certified Copy of this order be granted on proper application.

Writ Petition dismissed