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.