RASHIDA BEGUM Vs. KARNATAKA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner is an aspirant for contesting the election from Ward No.19 of Maski Town Municipal Council from the Indian National Congress Party (for short 'INC'). The petitioner has filed the nomination from the INC on 15/12/2021. Another candidate who is contesting the same election, making certain allegations against the petitioner herein has filed a complaint before respondent No.3 with a prayer to reject the nomination of the petitioner. Pursuant to the same, by making a summary enquiry, respondent No.3 has rejected the nomination of the petitioner. Aggrieved by the same, the petitioner has preferred the instant writ petition.

(2.) The contention of the petitioner is that, her nomination has been rejected on the ground that the petitioner has sought to contest the election as a candidate from INC, in this regard INC has issued Form-A duly signed by the working President of the State unit of INC and that signature does not tally with the signature on Form-B submitted by the petitioner. It is her further contention that by looking at the two signatures, one can conclude that the signature does tally. The copy of Forms- A and B together are produced herewith as Annexure-B to the writ petition. It is further contended that the same is done without conducting any enquiry as contemplated in law.

(3.) Per contra, learned counsel for the respondents submitted that the nomination of the petitioner has been rejected in accordance with law. The impugned order records that upon verification, respondent No.3 concluded that the signatures on Form-A and Form-B vary from one another and that he tried to contact the petitioner through the mobile number given so that he can hear her before passing any orders, but as she did not respond, the impugned order is passed based on the material available.