- (1.) I have heard learned counsel for the petitioner.
(2.) THE petitioner had filed nomination for contesting the election to the Jharkhand Legislative Assembly seat called Maheshpur(S.T.) -06. The nomination of the petitioner has been rejected by the Returning Officer. According to the learned counsel for the petitioner, the nomination has been wrongly rejected, without properly appreciating the provisions of law in Section 36 of the Representation of the People Act, 1950. Therefore, this writ petition has been filed before the election has taken place. The petitioner is seeking this Court to intervene the matter and allow the petitioner to contest the Assembly Election by reversing or staying the rejection of the nomination paper of the petitioner. Reliance has been placed by the petitioner's side upon a decision of the Supreme Court in the case of K. Venkatachalam V/s. A. Swamickan and Another reported in (1994)4 SCC 526.
(3.) THE said decision of the Supreme Court does not lay down that a High Court under Article 226 of the Constitution of India can intervene in the process of ongoing election.;