The Delhi High Court has dismissed a plea challenging the rejection of nomination filed by a man to contest the ongoing Lok Sabha election from the New Delhi constituency, saying the decision cannot be challenged in a writ petition during the poll process.
Justice Manoj Kumar Ohri said the election process had already commenced and there was no scope for interference in it as the remedy against "rejection of nomination" was clearly provided in the Representation of the People Act by way of an election petition.
"The courts have time and again cautioned that there cannot be a two-pronged attack on matters connected with elections, that is, one during the course of elections by invoking the extraordinary jurisdiction of high courts under Article 226 of the Constitution and secondly, after the elections have been completed, by way of filing an election petition," the judge said.
The court passed the order while dismissing a petition filed by one Vijay Pal Singh, whose nomination was rejected by the returning officer, and said there was no merit in it.
The petitioner had said he had filed his nomination to contest the Lok Sabha polls from the New Delhi constituency representing the Voters Party International (VPI).
He had sought a direction to the Election Commission (EC) to accept his nomination and allow him to contest the polls, which was rejected by an order dated April 24. His nomination was rejected due to incomplete documents.
The counsel for the EC had contended that the only remedy available with the petitioner was to file an election petition.
The court relied on various Supreme Court and high court judgments and said the dicta in those decisions unequivocally declared that an "election" meant all steps and the entire proceedings from the date of election till declaration of results. Thus, the only way to challenge the election was by way of an election petition, it added.
The issue of rejection of nomination could not be dealt with in a writ petition, the court said.
Disclaimer: No Business Standard Journalist was involved in creation of this content
