Heard Shri S.P Mishra, learned counsel appearing for the petitioner, on the question of admission.
The petitioner has filed this petition being aaggrieved by the acceptance of nomination papers of respondent No. 4 as well as the order dated 10-1-2015 whereby the appeal filed by the petitioner against the acceptance of nomination papers has been rejected.
Having heard the learned counsel for the petitioner and in view of the decision of the Supreme Court rendered in the cases of N.P Ponnuswami v. The Returning Officer, Namaklal Constituency, Namakkal, Salem Dist., AIR 1952 SC 64; State of U.P v. Pradhan Sangh Kshettra Samiti 1995 Supp (2) SCC 305; Anugrah Narain Singh v. State of U.P (1996) 6 SCC 303; Jaspal Singh Arora v. State of M.P (1998) 9 SCC 594; and Gurdeep Singh Dhillon v. Satpal (2006) 10 SCC 616, it is clear that once the notification for the election has been issued, the writ petition under Article 226 of the Constitution of India in that respect cannot be entertained, more so, as wrongful acceptance of the nomination papers can be assailed under the prescribed provisions of law by filing an election petition subsequent to declaration of result.
In the circumstances, I do not find any reason to entertain the present petition in view of the law laid down by the Supreme Court in the cases of N.P Ponnuswami v. The Returning Officer, Namaklal Constituency, Namakkal, Salem Dist., AIR 1952 SC 64; State of U.P v. Pradhan Sangh Kshettra Samiti 1995 Supp (2) SCC 305; Anugrah Narain Singh v. State of U.P (1996) 6 SCC 303; Jaspal Singh Arora v. State of M.P (1998) 9 SCC 594; and Gurdeep Singh Dhillon v. Satpal (2006) 10 SCC 616. The petition filed by the petitioner is therefore dismissed with liberty to the petitioner to raise all possible issues permissible in law by filing an election petition as and when the same becomes necessary.
With the aforesaid liberty, the petition filed by the petitioner stands dismissed.
C.C as per rules.