Jaipur: Rajasthan High Court has ruled that candidates contesting the rejection of their nomination papers in municipal elections must pursue an election petition, rather than a writ petition.A single bench of Justice Anoop Kumar Dhand delivered the ruling on Sept 9 during a hearing concerning Kanhaiya Lal from Brijnagar, Deeg district, whose nomination for ward member in ward 35 of the municipal board was rejected by the returning officer on Sept 1.Lal’s nomination was dismissed under Section 24(iii) of the Rajasthan Municipalities Act, 2009, due to his alleged involvement in a criminal case resulting in charges that could lead to over five years of imprisonment. His lawyer, Mukesh Kumar Saini, argued that Lal was not given a fair chance to address the rejection.Justice Dhand clarified that according to Article 243-ZG of the Indian Constitution and Section 31 of the Rajasthan Municipalities Act, any challenge related to municipal elections should be made through a prescribed election petition process, underscoring the legal framework governing such electoral disputes.
