Punjab-Haryana High Court
Dr.Jaidev Singh Dhillon And Another vs Union Of India And Others on 2 July, 2013
Bench: Sanjay Kishan Kaul, Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.13800 of 2013 (O&M)
DATE OF DECISION: July 02, 2013
Dr.Jaidev Singh Dhillon and another
.....Petitioners
versus
Union of India and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, JUDGE
Present: Mr.Rajiv Kataria, Advocate for the petitioners
..
SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral) The petitioners seek to assail the mode of postal ballot for carrying out the elections to the Dental Council of India. It is not in dispute that regulations provide for such a postal ballot. The submission of the learned counsel for the petitioners is that the process of postal ballot is sought to be misused as is apparent from the publication in the newspaper by even the Returning Officer.
We are afraid that such a plea cannot accepted. There is a distinction between challenge to the vires of the provisions and an infirmity in its implementation. The fact that some alleged misuse is occurring cannot be a ground to set aside the regulations. If the petitioners are actually aggrieved against post election results, then the remedy is by an election petition.
We may also notice another aspect of the matter. The election process began in April-2013 and the postal ballots are to reach to the Returning Officer by July 06, 2013. The present petition has been CWP-13800-2013 -2- filed on 1.7.2013, clearly a belated attempt by the candidates to obstruct the election process.
We, thus, find the writ petition to be completely misconceived.
Dismissed.
( SANJAY KISHAN KAUL )
CHIEF JUSTICE
July 02, 2013 (AUGUSTINE GEORGE MASIH)
parkash* JUDGE
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