Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1952

Supreme Court of India · 1952-01-21

N.P. PONNUSWAMI vs RETURNING OFFICER, NAMAKKALCONSTITUENCY and OTHERS.UNION O

Citation / case number
SC 1951/70
Court
Supreme Court of India
Petitioner
N.P. PONNUSWAMI
Respondent
RETURNING OFFICER, NAMAKKALCONSTITUENCY and OTHERS.UNION O
Bench
FAZAL ALI, SAIYID

Judgment text excerpt

The Supreme Court held that under Article 329(b) of the Constitution of India and Section 80 of the Representation of the People Act, 1951, the High Court lacks jurisdiction to interfere with the Returning Officer's rejection of a nomination paper. The Court emphasized that the term 'election' encompasses the entire process leading to the declaration of a candidate as elected, and any challenge to the election must be made through an election petition. Consequently, the appellant's application for a writ of certiorari was dismissed, affirming the Returning Officer's decision.

N.P. PONNUSWAMI vs RETURNING OFFICER, NAMAKKALCONSTITUENCY and OTHERS.UNION O · Niyam