High Court of Punjab and Haryana, Chandigarh
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Santokh Singh v. State of Punjab & Ors - CWP-6504-2005  RD-P&H 2517 (24 April 2006)
CWP No. 6504 of 2005
Date of Decision: 27.04.2006
State of Punjab and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: None for the petitioner
Shri P.S.Chhina, Additional Advocate General, Punjab Shri Ashwani Prashar, Advocate
This writ petition has been filed to quash order Annexure P/6, vide which, nomination papers of the petitioner, were rejected. It is not in dispute that after rejection of nomination papers of the petitioner, respondent No.6 was declared elected in the said election. Under these circumstances, in view of ratio of judgment of Hon'ble Supreme Court in Umesh Shivappa Ambi and others v. Angadi Shekara Basappa and others, AIR 1999 Supreme Court 1566, this Court feels that the writ petition is not competent when an alternative and efficacious remedy is available.
Accordingly, this writ petition is disposed of with liberty to the petitioner, to file election petition, as envisaged under the Punjab Co-operative Societies Act, 1961 and the
rules framed thereunder. If any such petition is filed within one month from today, counsel for the respondents states that they shall not raise any objection regarding limitation.
Copy of the order be given dasti on payment of usual charges.
( Jasbir Singh )
April 27, 2006 (Vinod K.Sharma)
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