ASHOK KUMAR Vs. DR. BUTA SINGH AND ORS.

JUDGEMENT

(1.) THE petitioner in the present writ petition is aggrieved by the fact that the respondent No. 1 had contested the election for Member of Parliament (Lok Sabha) in 2009 and respondent No. 2 had contested the election for MLA (for Legislative Assembly) in November, 2008 though they were not entitled to do so. As per the petitioner, respondent Nos. 1 and 2 are Chairman and Member of National Commission for Scheduled Castes respectively. It is contended that respondent Nos. 1 and 2 are holding office of profit and drawing salary from the consolidated fund of India. According to the petitioner, the post of Chairman and Member of the National Commission for Scheduled Castes have not been exempted under Parliament (Prevention of disqualification) Act, 1959 as amended by Act 31 of 2006 to contest elections without resigning from their official post. It is thus prayed inter -alia in the writ petition that respondent Nos. 1 and 2 should be declared as ineligible candidates for contesting the elections to the Lok Sabha and Legislative Assembly respectively as also a writ of Quo Warranto be issued terminating the respondent Nos. 1 and 2 from the post of Chairman and Member of National Commission for Scheduled Castes respectively.

(2.) WE are unable to agree with the contentions of the petitioner. The eligibility or ineligibility of a candidate to contest elections cannot be the subject matter of a public interest petition. Moreover, the said elections, as per the petitioners own averments, are already over. Appropriate remedies are provided in law to challenge the outcome of an election as also the eligibility of a candidate contesting an election. A public interest litigation is not the appropriate remedy for the said purpose.

(3.) IT is also relevant to refer to a decision of the Delhi High Court in Devinder Gupta v. Union of India, wherein a Division Bench of this Court held that: