Bobba Bhaghya Reddy v. The Election Commission Of India

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No 44629 OF 2018 Order : (Per The Hon'ble The Chief Justice Sri Thottathil B. Radhakrishnan) We have heard the learned counsel for the petitioner, Mr. Avinash Desai, learned counsel for Respondent Nos.1, 3 to and the learned Government Pleader for General Administration Department for Respondent No.2.

2. Petitioner seeks a direction to cancel the nomination of the 6th respondent as a candidate for the election to the Legislative Assembly of the State of Telangana, the polling for which was held on 7.12.2018.

3. Learned counsel for the petitioner points out that in spite of repeated complaints, official respondents 1 to 5 had not taken any action though the nomination of the 6th respondent was liable to be rejected.

4. The issue raised by the petitioner does not survive for consideration now in as much as the electoral process is reaching its last stage and all grounds would be available to challenge the result of the election in relation to any elected candidate in appropriate forum in terms of the provisions of the Representation of the People Act, 1951. Preserving all such contentions, this Writ Petition is liable to be dismissed.

5. In the result, the Writ Petition is, accordingly, dismissed.

6. As a sequel thereto, miscellaneous applications, if any, pending in the Writ Petition shall stand closed. _________________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ________________ S.V. BHATT, J 10th December, 2018.

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