R.P.SETHI, SATPAL, JJ. - (1.) AGGRIEVED by the order of rejection of the nomination papers the present petition has been filed with the prayer for quashing the order of the Returning Officer by giving appropriate directions for the conduct of the election of the Panchayat Samitis.
(2.) WE have heard the learned Counsel for the petitioner and perused the record. Section 74 of the Punjab State Election Commission Act, 1994 (for short the 'act') provides that no election shall be called in question except by an election petition presented in accordance with the provisions of Chapter XII of the said Act. The aforesaid provisions of the Act have been incorporated on the authority of Article 243-O Clause (b) of the Constitution of India which was inserted by the Constitution (73rd Amendment) Act, 1992. Once the election process commences, no election can be called in question in any Court except by way of an election petition. Acceptance or rejection of nomination papers by the Returning Officer being in the process and part of the election cannot be called in question by way of a writ petition under Article 226 of the Constitution of India. In Mohinder Singh Gill v. The Chief Election Commissioner, New Delhi and Ors. , AIR 1978 S. C. 851, it was held that conspectus of provisions bearing on the subject of elections clearly express that there is a remedy for every wrong done during the election in progress although it is postponed to the post election stage and that the Court would not interfere in the exercise of the writ jurisdiction under Article 226 of the Constitution of India.
(3.) IN Sukar Gope v. State of Bihar, AIR 1953 Patna 47 it was held that election in its comprehensive sense would embrace the whole procedure whereby an elected member is returned. Rejection of nomination paper was held to be within the jurisdiction of the Returning Officer in the discharge of judicial and not ministerial function and in that case the High Court has no power to interfere with by issuing any writ, order or direction.;