VIJAY KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner makes a grievance that his nomination for contesting election for the post of Mukhiya for Bihar Shariff (East) Zila Parishad was wrongly rejected by the Returning Officer on the unfounded ground that his name was not appearing in the electoral list. According to the petitioner the reason assigned for rejecting his nomination was completely false and baseless. It is stated on behalf of the petitioner that in the electoral list, at serial no. 435 in Column

(2.) , his name was initially shown as Binay Kumar which was later corrected and his correct name Vijay Kumar Verma was shown in the supplementary list, a copy whereof is at Annexure 2. 2. It is further, stated that when this matter was brought to the notice of the State Election Commissioner, Bihar, he found and held that the Returning Officer had acted arbitrarily in rejecting the petitioner 'snomination and accordingly debarred him from election duty and also reported this matter to the Chief Secretary, Govt. of Bihar. The State Election Commission, however, could not restore the petitioner 'snomination as there was no such provision under the Act and the Rules.

(3.) AT this stage Mr. A.A.G. Ill intervened to say that there being no provision in the Act for restoration of a nomination rejected by the Returning Ot ficer, this writ court might not exercise its jurisdiction and the only remedy available to the petitioner will be to challenge the election after it is held under Section "140 of the Bihar Panchayat Raj Act, 1993, What is contended by A.A.G.Ill may mally be correct but the writ court have also look into the grounds for rejection the nomination paper. For example, if Returning Officer rejected a non paper on the ground that the prospective candidate belonged to a particular religion or caste, the reason assigned would be so unreasonable, arbitrary and unconstitutional that the writ cour may step into to rectify the injury sought to be done to the concerned person without making him to wait for the election to be over so as to challenge the result by way of an election petition.