Lok Sabha Elections: Independent Candidate Files Petition in SC against Nomination Rejection

Jawahar Kumar Jha, an independent candidate from Banka parliamentary constituency in Bihar, has filed a petition in the Supreme Court, alleging that his nomination was “illegally and arbitrarily” cancelled by the Returning Officer for the ensuing Lok Sabha Elections, 2024.

The petition, represented by advocate Alakh Alok Srivastava, implored the apex court to restrain the arbitrary and malafide discretion exercised by Election Returning Officers nationwide in rejecting candidates’ nomination papers. It called for a directive mandating Election Returning Officers to “necessarily provide a reasonable opportunity” of at least a day to every candidate to rectify any defects identified in their election nomination papers.

Additionally, the plea requested the annulment of the press release dated April 5, 2024, issued by the Public Relations Office, Banka, which rejected Jha’s nomination.

The petition urged for Jha to be recognized as a valid candidate for contesting the upcoming parliamentary General Elections 2024 scheduled for April 26, 2024, in the Banka 27 parliamentary constituency. Furthermore, the petition sought an urgent and appropriate writ, order, or directive to explicitly define “the defects of substantial character” as per Section 36(4) of the Representation of the People Act, 1951.