IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10988 of 2008 Between: Kundeti Ravi S/o.late Kistaiah Resident of Plot No.65, Kakaaguda, New Vasavi Nagar Karkhana, Secunderabad ... PETITIONER AND 1 The Returning officer, 220-Siddipet Assembly Constituency & Revenue Divisional officer, Siddipet, Medak district 2 The Election Commissioner of AP/. Chief Election Officer Budha Bhavan, secretariate, Hyderabad ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ order or direction in the nature of writ of mandamus directing the respondents to consider the nomination of the petitioner for the bye election of 220 Siddipet Assembly Constituency Medak District as an independent candidate and issue symbol to the petitioner for ensuing bye-elections to be held on 29.5.2008 in rejecting nomination paper of the petitioner is illegal, arbitrary, unconstitutional and under the relevant provisions of section 36 of the Representation of the People Act 1951 and amounts to violation of principles of natural justicejj. Counsel for the Petitioner:MR.PETTEMRAJAIAH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 10988 OF 2008 O R D E R: (Per Hon’ble Sri Justice L. Narasimha Reddy) The Election Commission of India issued a schedule for conducting bye-election to certain Assembly and Parliamentary Constituencies, in the State of Andhra Pradesh. 12.5.2008 was stipulated as the last date for filing of nominations, 13.5.2008 for scrutiny, and 15.5.2008 as the last date for withdrawal of nominations and allotment of symbols. Poll is to take place on 29.5.2008 and counting on 1.6.2008. Petitioner submitted his nomination for 220-Siddipet Legislative Assembly Constituency. Though he intended to contest on behalf of the Bharatiya Janata Party (BJP), he could not furnish Forms A & B, for this purpose. The nomination was rejected, on the ground that he is not an elector from the Constituency, and that he failed to produce documentary evidence in proof of his office having been set up by BJP. The petitioner challenges the rejection of nomination. Heard the learned counsel for the petitioner and learned counsel for the respondents. It has already been pointed out that the nomination of the petitioner was rejected on several grounds, such as that he is not an elector from the Constituency, and that he did not furnish proof of his office having been set up by a recognized Political Party. This court cannot sit as an Appellate Authority, on the decision taken by the Election Commission, be it accepting, or rejecting a nomination. Further, even assuming that the rejection of nomination of the petitioner is contrary to law, the same constitutes a valid ground for assailing the resultant election. Once the election process has commenced, the courts would be loath to interfere. Hence, the writ petition is dismissed. There shall be no order as to costs. ___________________________ L. NARASIMHA REDDY, J. _____________________________ RAMESH RANGANATHAN, J. Dt. 21-05-2008. PAN