PRAMEELA W/O BHIMARAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is by the person who had filed her nomination papers as a candidate for getting elected from Ward No.13 in Afzalpur Town Municipality reserved for Scheduled Tribe Women.

(2.) The nomination papers though initially had been accepted by the Returning Officer on 25.02.2013 i.e., the date of scrutiny of the papers, the petitioner having been subsequently intimated on 27.02.2013 that the candidate set up by the Bharatiya Janata Party in 'B' form having not withdrawn her candidature and the petitioner being a dummy candidate and also her nomination papers being not supported by necessary papers and proposal etc., to consider her candidature as an independent candidate, her nomination papers having been subsequently rejected, the present petition seeking following prayers:

(3.) Appearing on behalf of the petitioner, Sri Amaresh S Roja, learned counsel for the petitioner submits that the Returning Officer though had initially accepted the nomination papers, has subsequently rejected the same on 27.02.2013 and acted in a most arbitrary manner and manifestly erroneous and this is a fit case where interference is warranted; though otherwise in such election process and election matters Courts will not interfere as there is a bar under the Constitution, Sri Amaresh Roja has placed reliance on the judgment of the Supreme Court in the case of Jayrajbhai Jayantibhai Patel V. Anilbhai Nathubhai Patel and others, 2006 8 SCC 200 and submits that the Supreme Court did make an exception in this case for interference, having regard to the fact that the authorities had abused or misused the power and such abuse and misuse is so obvious on the face of the record and decision making process vitiated due to irrationality, unreasonableness and perversity and such matter warrants interference within the scope of judicial review of administrative action etc.