SUNITA Vs. D C

JUDGEMENT

(1.) CM . is allowed and written statement taken on record.

(2.) THE petitioner had filed nomination papers which were accepted by the Returning Officer. Aggrieved by the acceptance of nomination papers, Smt. Usha Rani filed revision petition before Deputy Commission, Yamuna Nagar. The Deputy Commissioner, Yamuna Nagar vide order dated 5. 12,1994 accepted the revision petition by holding that the proposer Shri Pishori Lal was ineligible to contest the election on the date of filing of the nomination as per the provisions of Rule 21 (h) of the Haryana Municipal Election Rules, 1978. As a consequence, Smt. Sunita was held to be ineligible for contesting the election on the date of filing the nomination, and her name was ordered to be deleted from the list of candidates of Ward No. 17. In this writ petition the petitioner has prayed for quashing the said impugned order.

(3.) COUNSEL for respondent No. 3 has taken preliminary objection that the writ petition deserves to be dismissed as the petitioner cannot call in question an election in any Court except by way of an election petition. In reply, Shri V. K. Jain, learned counsel for the petitioner contended that the writ petition is the expeditious remedy whereas election petition is not. As such, the writ petition is maintainable.