Full Judgment
W.P.No.21066/2012 (Baldev Singh & ORS.versus State of M.P.& ors.) 17.12.2012 Shri Sandeep Singh learned counsel for the petitioneRs.Shri P.K.Kaurav, learned Dy.
Advocate General for the respondent/State.
Heard on the question of admission and interim relief.
The petitioners have filed this petition being aggrieved by order dated 06.12.2012, whereby the objections filed by the petitioners against the acceptance of nomination papers of respondent Nos.8, 9 and 10 have been rejected.
It is submitted by the learned counsel for the petitioners that the respondent Nos.8 to 10 are prima facie not eligible to contest the election but the respondent returning officer has deliberately ignored the aforesaid aspect while accepting their nomination papers and have rejected the objection filed by the petitioners against the acceptance of their nomination papers and also ignoring the orders and directions issued by the Superior Authority on 07.12.2012, i.e., the Additional Director (Election).M.P.State Agricultural Marketing Board, Bhopal, wherein he has directed to look into the complaints regarding ineligibility of respondent Nos.8 to 10.
In such circumstances, it is submitted that the respondents be directed to W.P.No.21066/2012 (Baldev Singh & ORS.versus State of M.P.& ors.) scrutinize the nomination papers of respondent Nos.8 to 10.
From a perusal of the petition, it is apparent that the election programme has been notified on 19.11.2012 and the last date for raising objections and scrutinizing of nomination papers was 30.11.2012, whereas the petitioners have filed objections against the acceptance of nomination papers filed by the respondent Nos.8 to 10 on 05.12.2012.
It is pointed out by the learned Dy A.G.appearing for the State/respondents that the elections have already been notified on 19-11-2012 and, therefore, no case for interference in the election process under Article 226 of the Constitution of India is made out as has been held by a Division Bench of this Court in a decision rendered in W.P.No.5371/2012, decided on 9-4-2012 wherein it has been held that the High Court should not interfere in an election process which has already been initiated, under Article 226 of the Constitution of India, and that wrongful acceptance of nomination paper is one of the prescribed ground for filing of an election petition.
Similar petitions, W.P.No.20038/12, W.P.No.19990/12, W.P.No.19967/12, W.P.No.20075/12, W.P.No.20166/12, W.P.No.20141/12, W.P.W.P.No.21066/2012 (Baldev Singh & ORS.versus State of M.P.& ors.) No.20326/12, W.P.No.20324/12 and W.P.No.20440/12 have also been dismissed by this court.
In view of the aforesaid decision of the Division Bench of this Court, with which I am respectfully bound, I find no reason to entertain the present petition which is accordingly disposed of with liberty to the petitioners to take up all issues before the competent forum as and when occasion arises.
It is also observed that ultimately, in case, the respondent authorities of the Board find any deliberate inappropriate action on the part of some authority, they may take action against them in accordance with law.
With the aforesaid liberty/observations, the petition filed by the petitioners stands disposed of.
C.C.as per rules.
(R.S.Jha) Judge gn