Kesar Singh vs State of Punjab and Others

Satish Kumar Mittal, J.—The petitioner, who is a resident of village Lallon Khurd, Tehsil Amloh, District Fatehgarh Sahib, has filed the instant petition under Articles 226/227 of the Constitution of India seeking quashing of the order dated 24.6.2013 (Annexure P-3) passed by the Returning Officer, rejecting her nomination papers for election to the post of Sarpanch of the village. It is the case of the petitioner that her nomination papers have been wrongly rejected by the Returning Officer.

After hearing learned counsel for the parties, 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 petitioners to avail the alternative remedy of filing the election petition challenging the election of the successful candidate on the aforesaid ground.