SBCWP NO.1475/2006 – SURENDRA KUMAR GANDHI V/S UNION OF INDIA AND ORS. : JUDGMENT DTD.19.3.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION 1475/2006 Surendra Kumar Gandhi versus The Union of India and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.J.S.Bhaleria, for the petitioner. Mr.O.P. Boob, Addl.Govt. Counsel, for the State. DATE OF JUDGMENT : 19th March, 2008. JUDGMENT 1. Heard learned counsels. 2. This petition has been filed aggrieved of the order under Section 10A of the Representation of People Act, 1951 holding the petitioner Surendra Kumar Gandhi as disqualified to contest election on account of his alleged failure to lodge account of his election SBCWP NO.1475/2006 – SURENDRA KUMAR GANDHI V/S UNION OF INDIA AND ORS. : JUDGMENT DTD.19.3.2008 2/2 expenses for election of Lok Sabha, 2004 which the petitioner contested. 3. Admittedly, a remedy by way of a review lies under Section 11 of the Act, which provides that the Election Commission may for the reasons to be recorded remove any disqualification under this Chapter except under Section 8A or reduce the period of any such disqualification. 4. The learned counsel for the petitioner fairly submits that he has already filed an application under Section 11 of the Act before the Election Commission. However, the Election Commission has not yet taken any decision in the matter. In view of these facts and circumstances, it would be appropriate to dispose of this writ petition by directing the Election Commission to decide such representation said to have been filed by the petitioner on 10.3.2008 within a period of two months from today. 5. With these observations, this writ petition is disposed of. (Dr.VINEET KOTHARI)J. Item No.32 Ss/-