SAVITA SHARMA Vs. CHIEF ELECTION COMMISSIIONER

JUDGEMENT

(1.) THE counsel for the petitioner has not appeared on account of some resolution passed by the Bar Association. Smt. Savita Sharma, the petitioner appearing in person requests to take up the matter. Heard Smt. Savita Sharma, the petitioner appearing in person and Shri Chandra Mohan, her husband, who has appeared along with her. Shri B.N. Singh has accepted notice on behalf of respondent no. 1. By this writ petition the petitioner has prayed for direction in the nature of mandamus directing the respondents not to give an effect to order dated 20.4.2009 and till the disposal of the application dated 17.4.2009 and 21.4.2009. THE petitioner is aggrieved by rejection of her nomination paper filed for the Lok Sabha elections for Parliamentary constituency of Gautam Budh Nagar for which the polling is scheduled for 07.05.2009. Art.329 (b) of the Constitution of India excludes the jurisdiction of the courts to entertain any matter relating to elections, which can be questioned by election petition under the law prescribed by the appropriate legislation. In the present case, the petitioner has remedies, under Chapter II and III of the Representation of People's Act, 1951 for filing election petition after the elections are over. THE election means the entire process beginning from the notification to the culminating in a candidate being declared elected. THE acceptance or rejection of nomination paper by Returning Officer is a step in the process of election vide Hari Vishnu Kamath vs. Ahmad Ishaque, AIR 1955 SC 233. THE principle underlying the plenary bar of judicial proceedings in election matters created by Art.329 (b) of the Constitution of India has been held to be, in Shyamdeo Prasad Singh Vs. Nawal Kishore Yadav, AIR 2000 SC 3000 relying upon Mahendra Singh Vs. Chief Election Commissioner, AIR 1978 SC 851, the pre-emptory urgency of prompt engineering of the whole election process to intermediate interruption by way of legal proceedings challenging steps and the stages in between the commencement and conclusion. THE writ petition is dismissed.