OM PRAKASH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks to challenge the acceptance of the nomination of the third respondent for the 74 Machhlishahar seat which is reserved for the Scheduled Castes.

(2.) ARTICLE 329 (b) of the Constitution provides as follows:

(3.) IT is well settled that the entire process from the issuance of a notification under Section 14 of The Representation of People Act, 1951 to the declaration of the results under Section 66 is comprehended within the expression 'election' in Article 329(b) of the Constitution. Once the election process has begun, the interference of this Court under Article 226 of the Constitution is clearly not warranted. Moreover, under Section 100 (1) (c), an improper rejection of a nomination is a ground on which the election of a returned candidate can be assailed.