A candidate whose nomination paper was rejected, cannot file election petition

Chhattisgarh High Court held in the case of Yogita Singh Tanwar vs State Of Chhattisgarh & others that When election has not taken place, a candidate whose nomination paper was rejected, cannot file an election petition under Section 122 of the Panchayat Raj Adhiniyam. Writ Petition is maintainable to challenge rejection of nomination paper.

Order On Board

1. Heard.

2. The petitioner has called in question the decision taken by the Returning Officer rejecting her nomination paper, which she had submitted for election to the office of Sarpanch of Gram Panchayat, Billiband, Tehsil Kota, District Bilaspur.

3. At the outset, Mr. A.S. Kachhwaha, learned Additional Advocate General for the State, would raise preliminary objection to the maintainability of the writ petition on submission that the ppetitioner has an alternative remedy of preferring an election petition under the C.G. Panchayats (Election Petitions, Corrupt Practices and Disqualification For Membership) Rules, 1995 (in short “the Rules, 1995”) read with Article 243-O of the Constitution of India. He would also submit that the petition deserves to be dismissed on merits.

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