Pawan Kumar v. Election Commission Of India And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.19014 of 2015 Date of Decision: September 09, 2015 Pawan Kumar .....Petitioner versus Election Commission of India and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

--- Present: Mr.Rajesh Bansal, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner contested the Haryana Legislative Assembly election from 30-Kharkhoda Constituent Assembly held on 15.10.2014. He lost the election and respondent No.6 was declared elected.

The petitioner or any other defeated candidate did not file the Election Petition in accordance with the provisions of the Representation of People Act, 1951. Instead, the instant writ petition has been filed after about one year of the election seeking declaration that the petitioner is the duly elected candidate from 30-Kharkhoda Constituent Assembly as respondent No.6 had adopted various 'corrupt practices' and MOHINDER KUMAR 2015.09.14 15:04 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.19014 of 2015 [2] election result in his favour is liable to be annulled. In our considered view, the writ petition is clearly an abuse of the process of law. The remedy, if any, available to the petitioner was by way of an Election Petition which he failed to avail.

Dismissed.

[SURYA KANT] JUDGE September 09, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.09.14 15:04 I attest to the accuracy and authenticity of this document Chandigarh