Maneka Gandhi, a senior BJP leader, MP and former cabinet minister filed an election petition Allahabad High Courtcontest the election Samajwadi Party MP Ram Buwal Nishad from Sultanpur Lok Sabha Constituency.
Nishad defeated Gandhi (then MP from Sultanpur) by over 43,000 votes in the recently concluded 2024 Indian Lok Sabha elections. Nishad won 444,330 votes while Gandhi only managed 401,156 votes, resulting in his defeat.
In his reply, Gandhi has also accused Nishad of not disclosing the criminal cases pending against him (in his nomination form). Gandhi has alleged that Nishad had disclosed only eight criminal cases when in fact there are 12 cases pending against him when he filed Form 26 during the election process for Sultanpur 38th Lok Sabha constituency for the 2024 elections.
The petition states that non-disclosure or deliberate omission of criminal cases is Section 100 of the Representation of the People Act 1951 (RPA)Gandhi argued that based on this allegation alone, Nishad’s election should be declared invalid.
“The re-elected candidate (Nishad) has deliberately not submitted details of his criminal record. The re-elected candidate is known to have 12 criminal convictions, but in the affidavit submitted he has mentioned only 8 criminal convictions and deliberately omitted 4 criminal convictions. The re-elected candidate has cheated the people and engaged in corrupt practices and therefore is liable to be disqualified under Section 100 of the Representation of People Act, 1951.“,” her election petition states.
In this background, she submits that the outcome of the election so far as Nishad is concerned has been substantially affected by non-compliance with the provisions of the Constitution of India, the Representation of the People Act, 1951 and the Election Rules, 1961 and the orders issued from time to time under the Representation of the People Act, 1951 and the Election Commission of India.
The case is expected to go to trial in August 2024.
