Writ Petition Not Maintainable Against Rejection Of Nomination By Returning Officer, Election Petition Only Remedy: Karnataka High Court

The Karnataka High Court has reiterated that a writ petition challenging the rejection of a candidate's nomination by the returning officer is not maintainable and the remedy for such candidate is to file Election Petition.

A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one V S Manjunath, who teaches in a college as guest lecturer and had challenged the order dated 05.04.2024 passed by the Election Returning Officer and Deputy Commissioner of Chitradurga (SC), Lok Sabha Constituency rejecting his nomination.

The petitioner argued that he has been appointed as a lecturer in Government First grade college, Hosadurga in Chitradurga District, on temporary basis as a guest lecturer. He desired to contest on the seat which is reserved for Scheduled Caste, for which purpose, he submitted Form No.26 along with the nomination papers.

However, the nomination came to be rejected on the ground that the petitioner is working as a lecturer in a college coming under the Education Department and is disqualified to contest elections, as he is holding an office of profit under Article 102(i) of the Constitution of India.

Claiming that the rejection is illegal as he is only a guest lecturer and what is paid to him is only an honorarium, he sought a direction to print his name as a candidate contesting for the said Lok Sabha Constituency.

The government advocate opposed the plea saying that the petition is not maintainable. Agreeing, the bench said,

“Rejection of a nomination of the petitioner on whatsoever ground, it is during the process of election and this Court cannot entertain the petition amidst the election.”

Relying on coordinate bench judgment in the case of Syed Yasin vs. Chief Election Commissioner, the court said “In the light of the facts narrated hereinabove and the judgment rendered by the co-ordinate bench (supra), the petition deserves to be rejected and is accordingly rejected.”

Appearance: Advocate Jagan Mohan M.R for Petitioner.

Advocate Sharath Dodawad for R1.

Citation No: 2024 LiveLaw (Kar) 210

Case Title: V S Manjunath AND Chief Election Commissioner & Others

Case No: WRIT PETITION NO. 11367 OF 2024

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