The Delhi High Court, in the case of Sanju Bala vs State Election Commission & Ors, reiterated that if an election can be called in question only after completion of the election unless the action taken or orders are challenged on a case of malafide or arbitrary exercise of power by the authorities conducting the election. Further, the Court held that curable irregularities in a nomination paper can be addressed in a properly constituted election petition and cannot be a ground for setting aside the order of the Returning Officer.
Division bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra rejected the appeal by noting that rejection of nomination papers can be challenged only after the election is over and no remedy is available at the intermediate stage.
In the present case, Sanju Bala’s nomination form to contest the MCD elections was rejected on account of the residential address of the proposer being incorrectly noted. The Election Commission submitted that Sanju Bala had filed her nomination from a particular ward; however, her proposer was not an elector of that ward, but in the nomination papers filed had been wrongfully mentioned in that ward. Therefore, the nomination was rejected b the Election Commission.
Read the Judgment here.