JASBIR KAUR W/O IQBAL SINGH Vs. CHIEF COMMISSIONER GURDWARA ELECTIONS, GOVT OF INDIA, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The petitioner seeks for a certiorari to quash the order rejecting her nomination paper for the election in the Women General Constituency on SAD Party ticket for Shiromani Gurdwara Parbandhak Committee. The contention is that Chaugawan Constituency is a dual Constituency where apart from a General Constituency, there is also a Women Constituency enabling exclusively women candidates to contest for the post. The nomination papers have to be filed in Form No.4 and in the form that the petitioner had filed, she had stated as follows:-

(2.) At the time when the nomination papers were scrutinized by the Returning Officer, the petitioner represented that she must be considered as having applied for the "Constituency Chaugawan Woman General". The Returning Officer rejected the claim saying that in the form No.4, she had merely referred to the Constituency as 99- Chaugawan and had not stated that she was contesting under the Woman General Constituency. Her contention was that she was a woman and therefore, her candidature must have been taken as a nomination only for the Woman General Constituency but the Returning Officer rejected that plea saying that any modification shall not be possible other than the clerical error, which could be amended under the relevant Rules. The correctness of this order was challenged in appeal before the Deputy Commissioner, Amritsar and Deputy Commissioner, Amritsar affirmed the decision and rejected the nomination filed by the petitioner.

(3.) Learned Senior Counsel appearing for the petitioner states that the order passed by the Deputy Commissioner is final in terms of Sikh Gurdwara Board Election Rules, 1959 and hence the power of the Court to interference under Article 226 of the Constitution is not in any way barred.