Congress leader Moti Singh Patel filed a petition before the honorable Madhya Pradesh High Court, wherein he sought relief to allow him to contest from the Indore Lok Sabha Seat as the official candidate for the Congress Party after Akshay Kanti Bam withdrew his nomination and joined the Bharatiya Janata Party. Later, Akshay Kanti Bam became the BJP’s candidate for the Indore Lok Sabha seat.
Moti Singh Patel moved to the high court after the district election office rejected his candidacy on April 25. He was seeking that the court would overturn his rejection of the nomination and allow him to contest from the Indore Lok Sabha Seat on the Congress’s election symbol. Putting forward his request before Justice Vivek Rusia, Moti Singh Patel’s advocate, Vidhor Khandelwal, submitted that as Akshay Kanti Bam had withdrawn his candidature, Patel’s documents must be scrutinized and accepted.
The court found that Patel’s nomination was rejected because he was treated as a substitute candidate when the approved candidate’s form was accepted. The petitioner didn’t object at that time, the judge noted.
ECI counsel Mini Ravindran cited the handbook for returning officers, explaining that if a party’s approved candidate’s nomination is rejected, a substitute candidate can step in only if the party has already informed the authorities of his candidacy. The high court noted that the handbook clarifies that a substitute candidate must file Part II of the nomination paper with 10 proposers or submit another nomination form as an independent candidate in such situations. Justice Rusia concluded that the writ petition was based on a misconceived idea and dismissed it.
