GAJENDRA SINGH JANGPANGI @ GANGU Vs. DISTRICT RETURNING OFFICER, PITHORAGARH AND TWO OTHERS
LAWS(UTN)-2012-1-62
HIGH COURT OF UTTARAKHAND
Decided on January 19,2012

Gajendra Singh Jangpangi @ Gangu Appellant
VERSUS
District Returning Officer, Pithoragarh And Two Others Respondents

JUDGEMENT

- (1.) Heard Mr. Manoj Gorkila, Advocate holding brief of Mrs. Prabha Naithani, counsel for petitioner and Mr. M.C. Tiwari, Addl. C.S.C. on behalf of respondents. By means of this petition the petitioner has sought the following relief:- (1) To issue a writ, order or direction in he nature of certiorari quashing the impugned order dated 13.1.2012 passed by Returning Officer, 43- Vidhan Sabha Kshetra Didihat. (2) To issue a writ, order or direction in the nature of mandamus commanding the respondents to accept the nomination form of petitioner as candidate of U.K.D. (P) from 43- Vidhan Sabha Kshetra Didihat.
(2.) Perusal of impugned order shows that the nomination paper of the petitioner has been rejected on the ground that the petitioner is a convicted person and he is disqualified under Section-8 of the Representation of People Act, 1951. In view of provision of Sub-clause (c) of Sub-Section (1) of Section 100 of The Representation of People Act, 1951, there is a ground to file election petition where any nomination has been improperly rejected. Therefore, in view of statutory alternative remedy to file election petition, I am not inclined to entertain this writ petition.
(3.) The writ petition is dismissed summarily on the ground of alternative remedy. Urgency application also stands disposed of.;


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