The Hindu : New Delhi News : Congress candidate’s petition dismissed

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Congress candidate’s petition dismissed

Plea challenging the Returning Officer’s decision to reject his nomination papers for M.P. Assembly polls

Jabalpur: The Madhya Pradesh High Court has dismissed a writ petition filed by the Congress candidate from Silwani constituency in Raisen district, Jaswant Singh Raghuvanshi, challenging the Returning Officer’s decision to reject his nomination papers for the Assembly polls in the State to be held at the end of this month.

‘Special cases’

A single bench of the MP High Court, comprising Justice Prakash Shrivastava, turned down Mr. Raghuvanshi’s writ petition on Friday, observing that the Returning Officer’s decision could be challenged under an election petition in accordance with the Representation of People’s Act, 1951.

The petitioner’s counsel argued that according to an order passed by a three-judge bench of the Supreme Court in 2000, the court could intervene in some special cases relating to the election procedure.

However, the Government lawyer contended that a larger bench of the apex court consisting of five judges had, in 1952, observed that courts could not interfere with the Election Commission’s work.

“The writ petition is not an appropriate remedy in this regard,” the bench observed, while dismissing the petition. -- PTI

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