SATYANARAYAN SINGH Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner being aggrieved by the rejection of his nomination paper on account of non -filing of an affidavit sworn before a Magistrate or Notary in Form -26 has approached this Court in its writ jurisdiction. At the outset, learned counsel for the respondent -Election Commission and the State of Bihar raise a preliminary objection that the writ application is not maintainable in view of the bar under Article 329(b) of the Constitution of India.

(3.) LEARNED counsel for the petitioner sought to contend that the present matter is not covered by such a bar since under Section 36 of the Representation of People Act, it is provided that the nomination paper can be rejected only for non -compliance of the requirement of Sections 33 and State Of Bihar 34. of the said Act and no such rejection of nomination paper is permitted for non -compliance of Section 33A of the Act under which Rule 4A and Form -26 have been prescribed. It is submitted that the same amounts to illegal rejection of nomination and not improper rejection of nomination and thus, there is a scope for interference by this Court under its writ jurisdiction.