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In its order, the bench noted that it is a matter of public record that the schedule, including the commencement time for scrutiny, was published by the Election Commission
The Bombay High Court has recently held that the writ jurisdiction of the high court can be invoked to facilitate the election process and not to vitiate it.
“Likewise, it must be noticed that interference is warranted even when an election process is on, provided the interference subserves and facilitates the progress of the election, rather than result in vitiating the election," the order reads.
The division bench of the high court, comprising Justice Arif Doctor and Justice Somashekhar Sundaresan, was hearing a petition filed by Ashish Gadkari challenging the rejection of his nomination for the upcoming state assembly polls.
The nomination was rejected by the authorities because it lacked his signature and was filed a day after the final list of candidates was published.
In its order, the bench noted that it is a matter of public record that the schedule, including the commencement time for scrutiny, was published by the Election Commission.
The high court also observed that not only was the oath not administered within the stipulated time, but the nomination form itself was also unsigned by the proposer.
“In an election process, time as to performance of the activities stipulated in the schedule is of the essence. If there is any administrative decision that vitiates the progress of the process, a writ court may intervene, but in the instant case, in view of the facts involved, no case has been made out for intervention since not only was the oath not administered within the stipulated time, but also, the nomination form itself is not signed by the proposer,” the order reads.
Case title: Aashish Kishor Gadkari vs ECI
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