D.K. Upadhyaya, J. - (1.) This petition/application seeks review of judgment and order dated 13.11.2017, whereby the Writ Petition No. 21298 (MB) of 2017 filed by the review-applicant was dismissed. Heard Sri Qamar Ahmad, the review-applicant, who addressed the Court in person.
(2.) While analyzing the arguments made in support of this review-petition, as advanced by the review-applicant, we are reminded of a famous sentence penned by late Krishna Iyer, J. while delivering his opinion in a Constitution Bench judgement in the case of P.N. Eswara Iyer and others Vs. Registrar, Supreme Court of India, 1980 4 SCC 680 and the said sentence is: "Review must be restricted if the hard-pressed judicial process is not to be a wasting disease."
(3.) The writ petition was filed with a prayer to restrain the opposite party from issuing Notification initiating the election process to fill the seat held by Sri Prabhu Manohar Gopal Parrikar in the Council of States (Rajya Sabha) from the State of Uttar Pradesh. The prayer in the said writ petition was made in the back-ground of the fact that the review-applicant had filed his nomination for election to the Rajya Sabha, however, his nomination was rejected on 11.11.2014 by the Returning Officer. The petitioner, feeling aggrieved by the rejection of his nomination, filed an Election Petition bearing No. 8 of 2014 before this Court and the said Election Petition was dismissed on 15.05.2015, whereafter petitioner filed a Review Petition seeking review of the judgment dated 15.05.2015. It was submitted in the writ petition that since the petition seeking review of judgment dated 15.05.2015 was pending disposal and in the meantime, one of the persons elected, namely, Sri Prabhu Manohar Gopal Parrikar had resigned causing vacancy in the seat occupied by him and accordingly the Notification for election against the said vacant seat was likely to be issued, which, according to the writ-petitioner, could not be issued on account of pendency of review petition wherein he had challenged the order dated 15.05.2015, whereby the Election Petition filed by him was dismissed.;