Excelsior Correspondent
SRINAGAR, Dec 8: State High Court today dismissed two petitions challenging rejection of nomination forms for ongoing Assembly elections.
These petitions were filed by Mohammad Anwar Khan and Ghulam Hassan Lone, who had filed nomination papers for contesting elections from Baramulla and Sopore Assembly constituencies but were rejected by the respective Returning Officers.
After hearing counsels for both the petitioners separately, Justice Ali Mohammad Magrey observed, “from the arguments of both the parties the question that falls for consideration is whether these writ petitions under Article 226 of the Constitution of India read with Section 103 of the State Constitution against the decision of the Returning Officers rejecting the nomination paper are maintainable”.
While quoting several judgments of the Supreme Court and the provisions of Constitution, Justice Magrey observed, “proviso appended to Clause (b) of Section 142 of the State Constitution does not affect the bar against calling in question an election to either House of the Legislature except by an election petition presented to such authorities and in such manner as has been provided by and under the Act made by the Legislature”.
“Resultantly, these petitions calling in question the decision of the Returning Officers passed under Section 47 of the Act would not lie”, Justice Magrey said, adding “these petitions are held to be not maintainable”.
Accordingly, High Court dismissed the writ petitions together with the connected CMPs. “Interim direction, if any, passed shall abide by this decision”, Justice Magrey said. He, however, left the petitioners free to agitate their grievances, if any, in an election petition after the elections are over.
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