NARAYAN GIRI, SON OF LATE BHOLA GIRI Vs. ELECTION COMMISSION OF INDIA THROUGH CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the direction has been sought for upon the respondents to treat and declare the petitioner's nomination paper with respect to elections to the House of the People (Lok Sabha) as valid and to allot the election symbols to the petitioner so that he may contest the election to the House of the People (Lok Sabha) Giridih Parliamentary Constituency.

(2.) The brief facts of the case of the petitioner is that by virtue of the notification issued by the President of India for conducting election of Giridih Parliamentary Constituency, he has purchased the nomination paper and after filling up the same while fulfilling the all criteria supported by requisite documents submitted before the Returning Officer, Giridih Parliamentary Constituency, Bokaro on 23.04.2019 at 01:39 p.m., to that effect the Returning Officer has issued the receipt for nomination paper and notice of scrutiny dated 23.04.2019 and Certificate for oath dated 23.04.2019 but after checking the nomination paper of the petitioner it has been informed to him that the photograph of the candidate is required to be printed on the ballot paper but no photograph has been submitted and, therefore, he has been directed to submit the photograph by 3.00 p.m on 24.04.2019. In compliance to the said notice he has approached the Returning Officer but the same has been refused to be accepted saying that the nomination paper is going to be rejected and as such nomination paper has not been accepted and, accordingly, he has been deprived to contest the Election and, therefore, the instant writ petition.

(3.) Dr. A.K. Singh, learned counsel for the respondent-Election Commission has vehemently opposed the ground and reason for the writ petition merely on the ground that the writ petition is not maintainable, looking to the nature of dispute involved in this case since the election once notified by the President of India, the jurisdiction conferred to this Court under Article 226 of the Constitution of India would be barred in view of the provision of Section 329(b) of the Constitution of India and therefore, the writ petition may not be entertained.