N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT Vs. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST

JUDGEMENT

(1.) This is an appeal from an order of the Madras High Court dismissing the petition of the appellant praying for a writ of certiorari.

(2.) The appellant was one of the persons who had filed nomination papers for election to the Madras Legislative Assembly from the Namakkal Constituency in Salem district. On 28-11-1951, the Returning Officer for that constituency took up for scrutiny the nomination papers filed by the various candidates and on the same day he rejected the appellant's nomination paper on certain grounds which need not be set out as they are not material to the point raised in this appeal. The appellant thereupon moved the High Court under Art. 226 of the Constitution praying for a writ of certiorari to quash the order of the Returning Officer rejecting his nomination paper and to direct the Returning Officer to include his name in the list of valid nominations to be published. The High Court dismissed the appellant's application on the ground that it had no jurisdiction to interfere with the order of the Returning Officer by reason of the provisions of Art. 329 (b) of the Constitution. The appellant's contention in this appeal is that the view expressed by the High Court is not correct, that the jurisdiction of the High Court is not affected by Art. 329 (b) of the Constitution and that he was entitled to a writ of certiorari in the circumstances of the case.

(3.) Broadly speaking, the arguments on which the Judgment of the High Court is assailed are two fold:-