NEW DELHI: The Supreme Court on Friday dismissed a plea by an independent candidate challenging his denial of nomination from Bihar’s Jahanabad constituency in the Indian Lok Sabha elections.
A vacation bench of Justices Sanjay Karol and Aravind Kumar asked the plaintiff’s counsel to approach a division bench of the Patna High Court in appeal against the single judge’s order dismissing the plaintiff’s petition for rejection of the nomination papers.
The Supreme Court also suggested to the lawyers that they could file an election suit against the High Court order.
The lawyer then sought and was granted permission to withdraw his plea.
“The counsel seeks leave to withdraw the present petition as he has exhausted all remedies available to him before the Constitutional Court,” the court noted while allowing the counsel to withdraw the petition.
The case was dismissed as withdrawn.
The top court was hearing a petition filed by Abhishek Dangi, whose nomination papers were rejected by the district magistrate and electoral officer of Jehanabad on “highly technical” grounds.
“It is clear that the Representation of the People Act, 1951 does not provide for any right of appeal against the order of the Election Officer accepting or rejecting a nomination paper.”
“Article 329(b) of the Constitution provides that ‘elections to both Houses of Parliament or to both Houses of the Legislature of every State may be contested only by means of an election petition filed with or before any authority prescribed under any law made by the legislature concerned,'” the high court said.
The court said it had “no jurisdiction” to bring appeals or writ petitions challenging the acceptance or rejection of nomination papers in elections to the Central or State Legislative Assembly.
Published May 31, 2024 11:23 IST
