Chhattar Pal Singh v. Deputy Commissioner And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 3337 of 2015 Decided on : 24.02.2015 Chhattar Pal Singh . . . Petitioner

Versus

Deputy Commissioner, Sri Muktsar Sahib and another . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE SNEH PRASHAR PRESENT: Mr. Amandeep Chhabra, Advocate for the petitioner.

**** AJAY KUMAR MITTAL, J. (Oral) The prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of Certiorari for quashing the impugned action of the respondents, whereby the nomination form of the petitioner for the post of Municipal Councillor for Ward No.10, Malout, has been rejected, in an erroneous and illegal manner. 2.

The present writ petition cannot be entertained for more than one reason. Firstly, that the nominated candidates of other parties have not been impleaded as a party in the writ petition. In their absence, no effective relief can be granted to the petitioners.

3.

Secondly, Article 243ZG(b) of the Constitution of India provides as under:- "243ZG. Bar to interference by courts in electoral matters.- Notwithstanding anything in this Constitution,- (a) xx xxx xx (b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by JAWALA RAM 2015.02.26 15:00 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 3337 of 2015 [ 2 ] or under any law made by the Legislature of a State." 4.

Further, the present writ petition raises disputed questions of fact, which can only be questioned by way of an election petition presented to appropriate authority in accordance with law. 5.

Dismissed.

(AJAY KUMAR MITTAL) JUDGE (SNEH PRASHAR) February 24, 2015 JUDGE J.Ram JAWALA RAM 2015.02.26 15:00 I attest to the accuracy and authenticity of this document Chandigarh