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  NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 301  OF 2017 (ARISING FROM SLP(C) NO. 23549/2012)

RITA SUBHASH SHAH APPELLANT(S)                                 VERSUS

ELECTION OFFICER & ORS. RESPONDENT(S) J U D G M E N T

KURIAN, J.  Leave granted. 2. In this appeal arising out of SLP(C) No.23549 of 2012 all that the High Court has done is to relegate the  appellant  to  pursue  the  remedy  by  way  of  an election petition. 3. In the peculiar facts and circumstances of this case, we do not deem it appropriate to interfere with the  order  since  the  alternate  remedy  by  way  of election petition is the most efficacious remedy for the appellant in the facts of this case, particularly since the nomination of the appellant is alleged to have  been  improperly  rejected  by  the  Returning Officer. 4. Therefore, this appeal is disposed of as follows:

i) The result of the election already conducted  during  the  pendency  of  this appeal shall be declared forthwith. ii) In  case  an  election  petition  is filed by the appellant within 10 days from the declaration of the result, we direct the Election Tribunal to try and dispose of the same on merits expeditiously and at any rate before the declaration of the election for the next term.

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5. There shall be no order as to costs. 6. Pending  application(s),  if  any,  shall  stand disposed of.  

.......................J.               [KURIAN JOSEPH]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; JANUARY 10, 2017.

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