Suraj Prakash vs Chief Election Commissioner of India and Others

Badar Durrez Ahmed, J.—The grievance of the petitioner is that his nomination papers for the 67-Rajender Nagar Assembly Constituency, Delhi were not received by the Returning Officer on 14.11.2003. The petitioner has alleged that he had reached the office of Returning Officer for the said Constituency on 14.11.2003 at 2.30 p.m. with complete set of papers Along with complete nomination form. According to the petitioner, even the particulars of the papers were verified by the office clerk of the Returning Officer. However, as some other candidate was already before the Returning Officer and there was a crowd of persons Along with that candidate, the petitioner was not allowed to enter the office, as a result of which the petitioner was unable to present his nomination papers within time, i.e., 3.00 p.m. on 14.11.2003 which was the last date for filing of nomination papers. Accordingly, his nomination papers could not be filed on account of these circumstances. In this petition, the petitioner has prayed that a direction be given to the respondents 1-3 to accept the nomination papers of the petitioner and to allot an election symbol to him so as to enable him to contest the elections from the 67-Rajender Nagar Assembly Constituency.

Such a petition cannot be entertained and is not maintainable in view of the express bar contained in Article 329(b) of the Constitution of India as also in view of several Supreme Court Decisions, including Mohinder Singh Gill and Another Vs. The Chief Election Commissioner, New Delhi and Others, and Election Commission of India Through Secretary Vs. Ashok Kumar and Others, .

As such, the writ petition is dismissed.