- (1.) Regrettably, I cannot entertain this writ application challenging rejection by the returning officer of the nomination papers filed by the writ petitioner in the Baidyabati Municipal Elections.
(2.) Article 243ZG of the Constitution of India read with Section 75(1) of the West Bengal Municipal Elections Act, 1994 and the judgment of the Supreme Court in the case of N.P. Ponnuswami v. The Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. & Ors., 1952 AIR(SC) 64 impose a clear bar upon the Court even to entertain a writ complaining of non-acceptance of nomination papers. The Supreme Court has held in very clear terms in the above judgment, followed in subsequent judgments that the word "election" includes the pre-election process of receiving nomination papers, acceptance or rejection thereof.
(3.) For those reasons, this writ cannot be entertained. But I do believe that the writ Court has the power to direct the returning officer to furnish the reasons for such rejection, which should be furnished within one week of communication of this order to enable the writ petitioner to approach the proper forum.;