New Delhi, Oct 9: The Supreme Court negated Bombay High Court ruling regarding Maharashtra assembly polls, stating the constitutional bar on 'interfering' in the election process was like the Great Wall of China.
It said, "the constitutional bar for the courts from interfering into any election process was like a Great Wall of China that no courts can cross."
Justice B N Agrawal and Justice Aftab Alam, constituting a bench rejected the high court's order of asking the Election Commission to allow Yadvarao Bhimrao Suryawanshi, a candidate from the registered but unrecognized Jansurajya Shakti Party, to represent the Omerga reserved constituency.
Suryawanshi defied the rule that for a candidate set up by anyone other than a recognized political party, his or her name has to be proposed by 10 voters of the constituency.
The high court asked the state election commission office to include Surywanshi's name in the ballot papers since voting takes place in India through electronic voting machines, a few hundred or thousand ballot papers,sent outside the constituency could be printed afresh with Suryawanshi's name.
However, Election Commission with senior counsel Ashok Desai said the basic postulate of electoral law states that once the election process is set in motion, no court can interfere.
OneIndia News
It said, "the constitutional bar for the courts from interfering into any election process was like a Great Wall of China that no courts can cross."
Justice B N Agrawal and Justice Aftab Alam, constituting a bench rejected the high court's order of asking the Election Commission to allow Yadvarao Bhimrao Suryawanshi, a candidate from the registered but unrecognized Jansurajya Shakti Party, to represent the Omerga reserved constituency.
Suryawanshi defied the rule that for a candidate set up by anyone other than a recognized political party, his or her name has to be proposed by 10 voters of the constituency.
The high court asked the state election commission office to include Surywanshi's name in the ballot papers since voting takes place in India through electronic voting machines, a few hundred or thousand ballot papers,sent outside the constituency could be printed afresh with Suryawanshi's name.
However, Election Commission with senior counsel Ashok Desai said the basic postulate of electoral law states that once the election process is set in motion, no court can interfere.
OneIndia News
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