Dismissal of Petition Challenging Rejection of Nomination for Bombay Bar Association Election.
04 March 2024
Civil Suits >> Civil & Consumer Law
In Rajghor Ranjhan Jaynatilal v/s Election Scrutiny Committee of B.B.A. & Another., the petitioner, a candidate for the Bombay Bar Association (BBA) Standing Committee election, filed a petition under Article 226 of the Constitution of India challenging the rejection of her nomination. The election scrutiny committee had invalidated her nomination after the proposer withdrew consent. The petitioner sought several reliefs, including the right to replace the proposer and to stay the election results, arguing that the scrutiny committee's decision was unfair and violated natural justice.
The respondent, representing the BBA, raised objections regarding the maintainability of the petition, arguing that the BBA is not a "State" under Article 12 of the Constitution and that the election process had already concluded. The petitioner’s counsel clarified that she was only pressing for specific reliefs related to the invalidation of her nomination form and the need for rules to address such situations in the future.
The Court rejected the petition on the grounds that the BBA is not a "State" under Article 12 and, therefore, the writ jurisdiction was not applicable. The Court also stated that electoral grievances could be addressed through other remedies, such as a Civil Suit or representation to the BBA Standing Committee. The petition was dismissed with no costs, and the Court emphasized that its ruling was specific to the issues raised in the case related to the BBA elections.