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Kovilpatti Nadar Uravinmurai Sangam vs K A Velumani on 5 September, 2024 cites

N.P. Ponnuswami vs Returning Officer, Namakkal ... on 21 January, 1952

As far as this position is concerned, we are in agreement with 3 the appellants as this has been the consistent position of this Court right from N.P. Ponnuswami v. Returning Officer, Namakkal Constituency & Ors., (1952) 1 SCC 94 and Mohinder Singh Gill & Anr vs The Chief Election Commissioner 1978 (1) SCC 405 and the subsequent judgments where this Court had held that once elections are announced, no interference is to be made and definitely not in a writ petition. A Writ Court should not be interfering in an election process once the process has been announced. Consequently, in the peculiar facts and circumstances of the case, now since the elections have already taken place with the intervention of the Court through the Advocate Commissioner appointed by the Court, we are of the opinion that, the results must be declared and rest of the process should follow. Depending upon the results of the elections, an aggrieved party can always file an election petition or civil suit in accordance with law, where amongst other grounds which are available to it under the law, the rejection of candidature of 46 members to the Executive Committee can also be one.
Supreme Court of India Cites 27 - Cited by 830 - Full Document

Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977

As far as this position is concerned, we are in agreement with 3 the appellants as this has been the consistent position of this Court right from N.P. Ponnuswami v. Returning Officer, Namakkal Constituency & Ors., (1952) 1 SCC 94 and Mohinder Singh Gill & Anr vs The Chief Election Commissioner 1978 (1) SCC 405 and the subsequent judgments where this Court had held that once elections are announced, no interference is to be made and definitely not in a writ petition. A Writ Court should not be interfering in an election process once the process has been announced. Consequently, in the peculiar facts and circumstances of the case, now since the elections have already taken place with the intervention of the Court through the Advocate Commissioner appointed by the Court, we are of the opinion that, the results must be declared and rest of the process should follow. Depending upon the results of the elections, an aggrieved party can always file an election petition or civil suit in accordance with law, where amongst other grounds which are available to it under the law, the rejection of candidature of 46 members to the Executive Committee can also be one.
Supreme Court of India Cites 56 - Cited by 4221 - V R Iyer - Full Document
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