Sai Kiran Patil v. The Chief Election Commissioner Of India

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.42812 OF 2018 Order : (Per The Hon'ble The Chief Justice Sri Thottathil B. Radhakrishnan) The issues sought to be raised in this Writ Petition are essentially in the realm of maintenance of law and order and those matters fall within the domain of the Chief Electoral Officer of the State, who has complete control and jurisdiction to issue such directions, as may be necessary, in connection with allegations touching conduct of people in connection with the election. The complaint raised may be looked into by the 2nd respondent as regards any allegation of threat etc. However, the question of disqualifying a candidate on that ground, is not a matter which is to be adjudicated by this Court, at this point of time, in view of Article 329(b) of the Constitution of India.

2. Hence, the Writ Petition is dismissed subject to the observations made above.

3. As a sequel thereto, miscellaneous applications, if any, pending in the Writ Petition shall stand closed. _________________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ________________ S.V. BHATT, J 30th November, 2018.

pnb