Excelsior Correspondent
Srinagar, Apr 21: High Court held that the returning officer can reject the acceptance of nomination form of any person dismissed from service if the same is not accompanied by a certificate issued by Election commission of India (ECI).
Justice Sindhu Sharma recorded this in a plea filed by one Abdul Bari Naik seeking that his candidature for upcoming Parliamentary election shall be accepted and he shall be allowed to contest as an independent candidate from Anantnag-Rajouri Parliamentary seat.
He submits that his candidature has not been accepted despite all requisite formalities as he was dismissed from services in April 2021 although the same is challenged before a competent forum.
Justice Sharma while dismissing his plea observed that the petitioner-Naik was not a duly nominated person in terms of the Representation of People Act, 1951 as the Election Commission has rejected his request for grant of certificate in terms of Section 9(2) of the said Act.
He was dismissed from service by invoking Article 311(2) of the Constitution of India relating to the interests of Security of State and seeking to accept his nomination paper to contest as an independent candidate for the upcoming Lok Sabha elections.
The petitioner alleges that despite completing all requisite formalities, his nomination paper was not accepted by the Returning Officer and that he was asked to furnish the Certificate as per section 9 of Representation of People Act, 1951 along with his nomination paper and until then his nomination paper could not be accepted.
He contended that he had applied before the Election Commission of India (ECI) for the said certificate, but the election commission, despite giving him personal hearing has not taken any decision as such, there was no bar in accepting his nomination paper.
The Respondents-Commission brought to the notice of the court that his request for the said certificate has been duly considered and rejected in view of section 33 of the Act, he was not a duly nominated person and also such petitions are barred in terms of Article 329 of the Constitution of India as the process of Election had already started and the only course available to the petitioner was to file an Election petition.
The court considering the legal position on all these aspects has held that after the process of Election has started the petition under Article 226 is not maintainable in view of a bar under Article 329 of the Constitution of India.
The court also observed that in absence of certificate under section 9(2) of the Representation of People act, the petitioner is not a duly nominated person and even if his nomination paper was presented before the Returning officer the same could not be accepted. The court accordingly dismissed the petition.
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