IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8218 of 2010. Decided on: 20th December, 2010. Davender Kumar Sharma. …Petitioner. Vs. State of H.P. & others. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Sanjeev Kuthiala, Advocate. For the Respondents : Mr. J.K. Verma, Dy. Advocate General. Mr. Onkar Jairath, Advocate for the Election Commission. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) That this Hon’ble court may be pleased to call for the records pertaining to the nomination papers filed by the petitioner and after taking into consideration the same, to set aside and quash the order dated 15.12.2010, passed by respondent No.4 (Annexure P-5). (ii) To direct the respondents to consider the representation of the petitioner Annexure P-4 and in furtherance of consideration of the representation, to process the nomination papers of the petitioner and in case found in order, to accept the same and allow the petitioner to contest the election for Zila Parishad.” 2 2. As rightly pointed out by the learned Deputy Advocate General and also the learned Standing Counsel for the Election Commission, since the election process has already commenced, it will not be proper for this Court to go into the merits of the contentions taken by the petitioner. It is for the petitioner to take all available grounds including the grounds taken in the writ petition in appropriately constituted Election Petition. 3. With liberty, as above, the writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 20th December, 2010 (Justice V.K. Ahuja), (tr) Judge. 3