AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AGGRIEVED by the order of rejection of the nomination papers the present petition has been filed with the prayer for quashing the order of the Returning Officer by giving appropriate directions for the conduct of the election of the Panchayat Samitis.

(2.) WE have heard the learned Counsel for the petitioner and perused the record.

(3.) IN Sukar Gope v. State of Bihar, AIR 1953 Patna 47 it was held that election in its comprehensive sense would embrace the whole procedure whereby an elected member is returned. Rejection of nomination paper was held to be within the jurisdiction of the Returning Officer in the discharge of judicial and not ministerial function and in that case the High Court has no power to interfere with by issuing any writ, order or direction.