PRAVINCHANDRA BHIKHUBHAI LOTA Vs. CHIEF ELECTRICAL OFFICER

JUDGEMENT

(1.) This Special Civil Application under Art. 226 of the Constitution of India has been filed seeking directions to quash and set aside the order of the Election Officer, Amreli dated 11-1-1995 and further to declare that the correct date of birth of the petitioner is 31-12-1969 and as such he is entitled to contest the election for the membership of State Legislative Assembly of Gujarat on having completed 25 years of age.

(2.) The say of the petitioner is that he filled in nomination form for contesting the election of Member of Legislative Assembly, State of Gujarat from seat No.45, Amreli City. The nomination form was submitted on 9-1-1995. By mistake, the petitioner had shown the date of birth in the column of the nomination form as 30-12-1970. The Election Officer rejected the nomination of the petitioner on the ground that he has not completed 25 years of age and as such he falls short of age for contesting the election. This was communicated to him on 11-1-1995. He immediately approached the Election Officer and told him that the ground of rejection was not genuine, as in fact his date of birth is 31-12-1969 and by mistake he had shown the date of birth in the column of nomination form as 30-12-1970. It is stated that he had also produced relevant certificate showing the date of birth from Nagar Panchayat, Bhilkha, wherein the date of birth of the petitioner is shown as 31-12-1969.

(3.) I am not inclined to entertain this petition in view of the specific bar provided under Art. 329(b) of the Constitution. Art. 329(b) of the Constitution provides that notwithstanding anything contained in the Constitution, no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner, as may be provided by or under any law made by the appropriate legislation.