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1958 (11) TMI 23 - SUPREME COURT
Scope of an enquiry in an election petition wherein election is called in question under s. 100(1)(c) of the Representation of the People Act, 1951 (43 of 1951) questioned on the ground that a nomination paper had been improperly’ rejected
Held that:- Allow the appeals, set aside the orders of the court below, and dismiss the writ petitions. The jurisdiction of the High Court to issue writs against orders of the Tribunal is undoubted; but then, it is well settled that where there is another remedy provided, the court may properly exercise its discretion in declining to interfere under Art. 226. It should be remembered that under the election law as it stood prior to the amendment in 1956, election petitions were dismissed on preliminary grounds and the correctness of the decision was challenged in applications under Art. 226 and in further appeals to this Court, with the result that by the time the matter was finally decided, the life of the legislatures for which the election was held would have itself very nearly come to an end thus rendering the proceedings infructuous.