1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5549/09 Sunil Lakhotiya vs. UOI & Ors. Date of order : 6/5/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajeev Surana for the petitioner. ****** Heard learned counsel for the petitioner. The petitioner has challenged the order rejecting his nomination paper by the Returning Officer of the Parliamentary Constituency of Ajmer dated 20.4.2009. Shri Rajeev Surana, learned counsel for the petitioner has cited the judgment of Supreme Court in K. Venkatachalam vs. A.Swamickan & Anr.-(1999) 4 SCC 526 and argued that bar contained in Article 329(b) of the Constitution of India would not be attracted in so far as the remedy of writ petition under Article 226 of the Constitution of India is concerned. Learned counsel submitted that out of ten proposers, the Returning Officer has held that name of one proposer was not included in the electoral roll whereas it actually existed there. The judgment of Supreme Court in K. Venkatachalam was rendered in extraordinary fact situation where a person got elected as MLA even though he was not even a citizen of the country and in those facts, the Supreme Court held that High Court was not powerless 2 to grant relief under Article 226 of the Constitution. The Constitutional Bench of Supreme Court in N.P. Ponnuswami vs. Returning Officer & Ors.-AIR 1952 SC 64 held that election as referred to in Article 329 (b) include the whole process of election and is not confined to any final result. It takes into account the stage from the date of notification till declaration of the result and remedy for such matters, would be to ultimately challenge the election in the manner prescribed in the Representation of People's Act, 1950 wrongful rejection of the nomination paper is one of the persistent ground of challenge to the election as enumerated under Section 100 of the Representation of People's Act, 1950. This view was later followed by Supreme Court in number of subsequent judgements. The writ petition is therefore dismissed as not maintainable with the above observations. (MOHAMMAD RAFIQ), J. RS/