LAWS(BOM)-2021-11-183

PARAG Vs. ELECTION COMMISSION OF INDIA

Decided On November 29, 2021
PARAG Appellant
V/S
ELECTION COMMISSION OF INDIA Respondents

JUDGEMENT

(1.) Heard.

(2.) This petition questions acceptance of nomination form by the Returning Officer of respondent No.3 for election to Akola, Buldhana and Washim, Maharashtra Legislative Council Constituencies, which acceptance according to the petitioner is illegal.

(3.) Shri Arun Agrawal, learned counsel for the petitioner, submits that since the acceptance of the nomination form was based upon suppression of material facts, it amounted to pushing into the election fray a candidate who was not qualified to contest the election and, therefore, ultimately it affected the choice of the voters to elect a candidate and as such, the objection of the petitioner requires consideration by invoking extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India.