1 2025:CGHC:7652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 866 of 2025 1 - Indrasen Marabi S/o Gjrup Singh Marabi Aged About 41 Years R/o Village - Dadiya, Gram Panchayat - Podi, Janpad Panchayat And Tahsil - Marwahi, District - Gourella - Pendra - Marwahi (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Welfare, Mahanadi Bhawan, Mantralaya, Nawa Raipur Atal Nagar, District Raipur (C.G.). 2 - Chhattisgarh State Election Commission, Through Its Secretary, Chhattisgarh State Election Commission, Nirwachan Bhawan, Sector- 19, North Block, Nawa Raipur Atal Nagar, District - Raipur (C.G.). 3 - Collector, Gourella-Pendra-Marwahi, District -Gourella-Pendra- Marwahi (C.G.). 4 - Sub Divisional OfÏcer, Marwahi, District -Gourella-Pendra-Marwahi (C.G.). 5 - Tahsildar And Returining OfÏcer, Marwahi, District -Gourella-Pendra- Marwahi (C.G.). SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.17 17:21:39 +0530 2 6 - Hemchand Marabi, S/o Ramsai Marabi Aged About 42 Years R/o Village - Dadiya, Gram Panchayat - Poki, Janpad Panchayat And Tahsil - Marwahi, District -Gourella-Pendra-Marwahi (C.G.). ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Malay Shrivastava, Advocate with Ms. Ritika Dubey, Advocate. For Respondents/State : Shri Praveen Das, Dy. Advocate General. For Respondent no. 2 : Shri Venkatesh Pandey, Advocate appears on behalf of Shri R.S. Marhas, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 13.02.2025 1. By the present writ petition, the petitioner is seeking quashment of the impugned order dated 4/2/2025, by which the objection raised by the petitioner in respect of nomination form of the respondent No.6 has been rejected. 2. Learned counsel for the petitioner would submit that the petitioner raised an objection regarding the candidature of the respondent no. 6 on the ground that the said respondent has not disclosed the criminal cases registered against him and also not disclosed about the property. However, the authorities without considering the objection raised by the petitioner in its true perspective rejected the same in an illegal and arbitrary manner. Learned counsel by placing reliance upon the decision of the Supreme Court in the matter of Resurgence India vs. Election Commission of India & Anothers reported in 2014 (14) SCC 189 would submit that the 3 writ is maintainable because it is recognised that the citizen’s right to know of the candidate who represents him in Parliament will constitute an integral part of Article 19 (1)(a) of the Constitution of India and any act, which is derogative of the fundamental rights is at the very outset ultra vires. 3. Learned counsel appearing for the respondent would oppose the aforesaid submission of the petitioner. He would submit that after considering all the aspects of the matter the authorities have rightly rejected the objection of the petitioner. The order impugned is just and proper and warranting no interference of this Court. 4. I have heard learned counsel for the parties and perused the documents. 5. The above mentioned facts are not in dispute, the only issue is acceptance of nomination paper of respondent No.6. Acceptance of nomination paper of respondent No.6 on whatsoever ground, it is during the process of election and this Court cannot entertain the petition amidst the election. In fact, the word ‘election’ is used to embrace the whole procedure of election and is not confined to the final result thereof- Rejection or acceptance of nomination paper is included in the term. Thus, acceptance of nomination form of respondent No.6 is in the process of election. 6. It is the well settled law that whether the returning OfÏcer is justified in passing the impugned order is not a matter for the Court to decide in the exercise of writ jurisdiction. This issue should be agitated by an aggrieved party in an election petition only. (See- Manda Jaganath Vs. K.S. Rathnam and Others reported in 4 2004 7 SCC 492). 7. It is noteworthy to mention here that bar to interference by Courts in electoral matters has been provided under Article 243-O of the Constitution of India, which reads thus : 243-O. Bar to interference by courts in electoral matters.--Notwithstanding anything in this Constitution-- (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K, shall not be called in question in any court; (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State. 8. Rule 21 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (henceforth ‘the Rules, 1995’) speaks about grounds for declaring election to be void. Rule 21(1)(c) provides that : 21. Grounds for declaring election to be void.--(1) Subject to the provisions of sub-rule (2) if the specified ofÏcer is of opinion- xxx xxx xxx (c) that any nomination paper has been improperly rejected; or From the above provision, it is apparent that the Rules, 1995 provide a remedy to question the improper rejection of nomination form. 9. Considering the facts of the case, grievance raised and decision of the Hon’ble Supreme Court in the case of Mohinder Singh Gill & Anr Vs The Chief Election Commissioner [1978 (1) SCC 405] 5 and N.P. Ponnuswami V. Returning OfÏcer, Nanmakkal Constituency & Ors [AIR 1952 SC 64], Manda Jaganath (supra), and also considering Article 243-O of the Constitution of India and Rule 21(1)(c) of the Rules, 1995, I am not inclined to entertain this writ petition as the writ petition is not maintainable. 10. As a sequel, the present writ petition is dismissed as not maintainable, at the admission stage itself. Consequently, the interlocutory applications also stand disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib