IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5454 of 2009 GHANSHYAM LAL JAMUAR, son of late Ram Lakhan Lal Jamuar, resident of Harnahatola, Umardaraj lane, Lodikatra, P.S. Chowk Patna City, District-Patna… Petitioner Versus 1. THE ELECTION COMMISSION OF India, through its Chief Election Commissioner, Nirvachan Sadan, Ashok Road, New Delhi-110001. 2. The Chief Election Commissioner, Election Commission of India,Nirvachan Sadan, Ashok Road, New Delhi- 110001. 3. The Chief Electoral Officer, 7, Mangles Road, Patna,Bihar. 4. The Returning Officer, 30, Patna Sahib Parliamentary Constituency, Patna… Respondents. ----------- For the petitioner: Mr. Arun Kumar Tiwari,Advocate Mr. Praveen Kumar,Advocate For Election Commission: Mr. J.P. Karn,Senior Advocate --- 2. 29.4.2009 The petitioner has come to this Court against the rejection of his nomination paper which was filed as an independent candidate for 30, Patna Sahib Parliamentary Constituency. At the outset, learned counsel for the Election Commission of India submits that the writ petition is not maintainable in view of the bar under Article 329 (b) of the Constitution of India. In view of a long line decisions of the Supreme Court in this regard starting from the Constitution Bench decision in the case of N.P. Ponnuswami vs. Returning Officer, Namakkal: AIR 1952 SC 64 in which it has been held that once the election process is on, no interference is called for by the exercise of the jurisdiction under Article 226 of the Constitution and the writ petition would not be maintainable and the remedy of the petitioner would be filing of an election petition on the conclusion of the election. In the said circumstances, the writ application is dismissed as not maintainable. 2 However, learned counsel for the petitioner relies upon a decision of this Court in the case of Rameshwar Prasad Yadav vs. Awadhesh Kumar Singh: 2007 (3) PLJR 427 in which the direction of the Election Commission with regard to re-scrutiny of the nomination papers of the candidates by the Returning Officer and thereafter reversing by the latter of his earlier decision has been upheld by this Court. It is submitted that the petitioner has also filed a representation before the Election Commission and it is open for the Election Commission to consider the same. Without issuing any positive direction in the matter it is observed that if the Election Commission is of the view that the representation of the petitioner can be considered without in any way disturbing the ensuing Parliamentary Election in 30, Patna Sahib Parliamentary Constituency which is to take place on 7.5.2009, it may consider the same in accordance with law. Let a copy of this order be handed over to Sri J.P. Karn, learned Senior Counsel for the Election Commission of India. VPS ( Ramesh Kumar Datta,J.)