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Showing contexts for: election process in Pondicherry Basketball Association vs Union Of India, & Ors. on 2 May, 2023Matching Fragments
(a) Un-substantiated and baseless aspersions have been made against the Returning Officer which are disputed questions of fact which need to be adjudicated in appropriate proceedings.
(b) Election process stands completed and under Rule 9(1) of the MEG, the returned candidates are deemed to be duly elected.
(c) Once the election process stands concluded, the only permissible challenge is by way of a election petition.
44. According to Mr. Kamat, learned senior counsel, the decision in the case of Ashok Kumar (supra) which has been relied upon in the case of DMK (supra) is the one where the election process had not finished, however, in the present case, the election is completed.
45. Mr. Darpan, learned counsel specifically points out that with respect to the earlier election of the same federation, certain grievances were raised by J&K Basketball Federation and those grievances were considered in Civil Suit No. 854/2015 and the said civil suit was entertained and, therefore, the remedy for the petitioners in the instant case is also to file a civil suit and in no case, the writ petitions under Article 226 of the Constitution of India would lie.
- 45 - Neutral Citation Number 2023:DHC:2993 nomination, and for a direction that his/her name be included in the list of eligible candidates. The time period available for taking such an action is very limited i.e. between the time when the nomination is rejected and the time when the list of successful candidates gets frozen and is about to be published. Such an action, in my view, would be an action which accelerates the completion of the election and would be an act in furtherance of an election. A patent or an obvious mistake by the RO/SO in rejecting a good nomination paper of a candidate would lead to an inherently defective election process, which would neither accelerate the completion of the election, nor be in furtherance of an election".
87. The RO plays an important role in the election management and is to ensure that there is no scope left for any complaint57.
88. For maintaining purity of the election process, which is the heart and soul of democracy, the role of the RO is pivotal. The RO is a responsible functionary in the election process whose decision can have a great bearing on the outcome of the election and in making or marring the careers of a person with political aspirations in a democratic system. He is expected to act in an impartial manner without any bias or prejudice against any person and is to perform his duty in a manner so as to achieve the purpose and object of the election. Any improper rejection of nomination papers of the candidates on technical, or clerical errors or discrepancies, shall cause immense impact on the institution for which the elections are to be held. The actions of RO must invoke confidence in the impartial conduct of the election. Any departure may give rise to doubting the impartiality, and resulting from it, the purity of the election, it may thus result in adversely affecting the rights of the contesting candidates and public at large.