Koppala Eshwar and Another vs Chief Electoral Officer and Another

B. Subhashan Reddy, J.—This writ petition has been filed questioning the Order dated 31-8-1999 passed by the 2nd respondent rejecting the nomination of the petitioner on the ground that he is an employee of Singareni Collieries Company Limited.

The said action was taken by the 2nd respondent on the complaint received by him that the petitioner is working in Singareni Collieries Company Limited and that the same is contrary to the declaration made by him in the nomination form that he is qualified and not disqualified to contest the election.

One of the grounds in Rule 33-A (c) of the Representation of the People Act read with Article 191 of the Constitution of India for ineligibility for contesting the elections is that the candidate should not hold an office of profit.

Mr. K. Vasudeva Reddy, the learned Counsel for the petitioners, submits that the petitioner, even though, is employed in Singareni Collieries Company Limited, Singareni Collieries Company Ltd, is only a Company registered under the Indian Companies Act and merely because the Government has vast shares therein, it cannot be construed as a service in Government. But, these are all questions of fact, which have to be gone into by the properly constituted Election Tribunal, as, one of the enumerated grounds for filing Election petition is improper rejection of nomination.

In the circumstances the Writ Petition is dismissed at the admission stage. No costs.