Shri Ranjit Singh vs Mohd Ali Asraf and Others

Badar Durrez Ahmed, J.—This petition has been filed by the petitioner being aggrieved by the rejection of his nomination paper which he submitted for the 14-Tilak Nagar legislative assembly constituency. The last date for filing nominations was 14.11.2003. The petitioner filed the nomination paper on that date. Scrutiny of nomination papers was done on 15.11.2003 and at the time of scrutiny the petitioner''s nomination paper was rejected by the Returning Officer on the grounds mentioned in Part IV of the nomination paper itself. The order was passed on 15.11.2003 i.e. on that date itself. However certified copy of the order was received by the petitioner on 17.11.2003. Receipt of the certified copy on 17.11.2003 does not mean that between 15.11.2003 and 17.11.2003 the petitioner could be regarded as a candidate, his nomination paper had been rejected on 15.11.2003 itself and he was never in the fray of candidates.

In view of the provisions of Article 329(b) of the Constitution this could does not have jurisdiction to entertain such a writ petition. In the event the petitioner has a grievance with regard to the wrongful rejection of his nomination papers, the same can be made the subject matter of an Election Petition u/s 100(1)(c) of the Representation of People Act, 1951.

The writ petition is accordingly dismissed.