GAJENDRA SINGH JANGPANGI @ GANGU Vs. DISTRICT RETURNING OFFICER, PITHORAGARH AND TWO OTHERS
HIGH COURT OF UTTARAKHAND
Gajendra Singh Jangpangi @ Gangu
District Returning Officer, Pithoragarh And Two Others
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(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
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
(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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