RAVI KUMAR Vs. ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI THROUGH THE CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) THE petitioner has come to this Court seeking a direction upon the respondent nos. 4 and 5, the Returning Officer and the Assistant Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna to bring on record the decision taken by respondent no. 4 with respect to the nomination of the petitioner at the time of scrutiny of his nomination paper on 20.4.2009 by which he has rejected the nomination paper of the petitioner and for other consequential declaration.

(2.) LEARNED counsel for the Election Commission of India has raised a preliminary objection that no writ petition is entertainable after notifications of election are issued and till conclusion of the election and even thereafter remedy of the petitioner would be to file an election petition. The preliminary objection of the learned counsel for the Election Commission of India has to be accepted in view of a long line of decisions of the Supreme Court in this regard starting from the Constitution Bench decision in the case of N. P. Ponnuswami V/s. Returning Officer, Namakkal : AIR 1952 SC 64.

(3.) THE writ application is, accordingly, dismissed as not maintainable.