STATE OF MADHYA PRADESH Vs. KRISHNA BAI

JUDGEMENT

(1.) The appellants (respondents No.2 to 4 in the writ petition) have filed the present writ appeal against order dtd. 20/6/2022 passed in W.P. No.13057/2022 whereby the learned Writ Court has directed them to allow the writ petitioner to cure the defects in nomination papers within 3 days and to proceed further as per the election program.

(2.) The writ petition came up for hearing on 15/6/2022 and the counsel appearing for State Election Commission sought time to file a reply. After filing of the reply, the writ petition was heard finally on 20/6/2022 and the same has been allowed by quashing the order dtd. 7/6/2022 with a direction to allow the petitioner to cure the defects within 3 days and to proceed further with the election program, on the grounds that the error committed by the petitioner in submitting her nomination form can be said to be technical in nature or a defect which is not substantial for which an opportunity to cure the same ought to have been given by the Returning Officer as provided in Sec. 35(4) of the Nirvachan Niyam, 1995. Hence the present writ appeal before this Court.

(3.) The appellants/ State Commission has filed this writ appeal on the ground that the learned Writ Court has wrongly interfered with the election process by issuing a writ. The last date of correction of nomination papers had already been passed; thereafter, election symbols have been allotted to the contesting candidates and they have started campaigning. It is further submitted that the writ petition was not maintainable as the petitioner is having remedy to challenge the election under the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 read with Nirvachan Niyam, 1995.