Case Note & Summary
The petitioner, Shri Punjabrao Trambakrao Deshmukh, filed a writ petition challenging the rejection of his nomination for the post of Ward-Member in Gram Panchayat Linga Kotwal. His nomination was initially accepted during scrutiny but later rejected without notice. The petitioner argued that the Returning Officer had no power to modify or review the acceptance. However, the State respondents submitted that the petitioner was disqualified for not submitting election expenses from the 2012 election, and an order dated 30th March 2012 had declared him disqualified for five years, which had attained finality. The court found that the petitioner was indeed disqualified and could not have submitted a valid nomination. The inadvertent acceptance by the Returning Officer did not confer any legal right. The court held that issuing a writ would restore an illegality, and therefore dismissed the petition. The rule was discharged with no costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Disqualification - Returning Officer's Power to Correct Error - Petitioner was disqualified for five years for non-submission of election expenses; his nomination was inadvertently accepted and later rejected - Court held that no writ can be issued to restore an illegality; the Returning Officer's correction of the error was proper - Held that a person cannot claim a legal right from an illegal acceptance (Paras 5-6).
Issue of Consideration
Whether a writ can be issued to restore a nomination that was initially accepted but later rejected due to a prior disqualification, when the acceptance was inadvertent and the disqualification order had attained finality.
Final Decision
The Writ Petition is dismissed. Rule discharged. No costs.
Law Points
- Writ jurisdiction
- Disqualification for non-submission of election expenses
- No right from illegal acceptance
- Returning Officer's power to correct error
Case Details
2017 LawText (BOM) (10) 144
Writ Petition No. 6462/2017
B.P. Dharmadhikari, Mrs. Swapna Joshi
Mr. U.P. Deopujari for petitioner, Mr. N.S. Rao AGP for respondents
Shri Punjabrao Trambakrao Deshmukh
State of Maharashtra, The Collector Washim, The Returning Officer Tahsil Office Risod
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging rejection of nomination for Ward-Member election.
Remedy Sought
Petitioner sought to quash the rejection of his nomination and to be allowed to contest the election.
Filing Reason
Petitioner's nomination was initially accepted but later rejected without notice, allegedly due to a prior disqualification order.
Previous Decisions
An order dated 30th March 2012 disqualified the petitioner for five years for non-submission of election expenses; this order had attained finality.
Issues
Whether the Returning Officer had power to modify or review the acceptance of nomination.
Whether a writ can be issued to restore an illegal acceptance of nomination.
Submissions/Arguments
Petitioner argued that the Returning Officer cannot modify or review acceptance without notice.
Respondents argued that petitioner was disqualified by a final order and the acceptance was inadvertent; correction was proper.
Ratio Decidendi
A person cannot claim a legal right from an illegal or inadvertent acceptance of nomination. A writ cannot be issued to restore an illegality. The Returning Officer's correction of an error is permissible.
Judgment Excerpts
In this circumstances, it is apparent that petitioner himself could not have submitted nomination and its wrongful or inadvertent acceptance by Returning Officer cannot cloathe him with any legal right.
If the technical contention raised by Adv. Deopujari is accepted, it will lead to restoration of an illegality. A writ cannot be issued in such circumstances.
Procedural History
Petitioner filed Writ Petition No. 6462/2017 in the High Court of Judicature at Bombay Bench at Nagpur. The petition was heard and finally disposed of on 6th October 2017.
