The Supreme Court has agreed to hear a petition filed by Jawahar Kumar Jha, an independent candidate from the Banka parliamentary constituency in Bihar. Jha alleges that his nomination was “illegally and arbitrarily” revoked by the Returning Officer during the upcoming Lok Sabha Elections, 2024.
The Bench
A bench comprising Chief Justice of India DY Chandrachud along with Justices JB Pardiwala and Manoj Misra have scheduled the hearing for April 19, 2024.
The Plea
The petition, filed through advocate Alakh Alok Srivastava, implored the top court to restrain the arbitrary and malicious exercise of discretion by Election Returning Officers nationwide in dismissing candidates’ nomination papers.
Urging the Election Returning Officers across India to “compulsorily afford a reasonable opportunity” of at least a day to each candidate to rectify every defect identified in the election nomination papers, the plea insisted.
Additionally, it requested direction to annul and invalidate the press release dated April 5, 2024, issued by the Public Relation Office, Banka, through which Jha’s nomination was declined. The petitioner further demanded Jha be recognized as a legitimate candidate for participating in the upcoming parliamentary general elections 2024, scheduled for April 26, 2024, in the Banka 27 parliamentary constituency.
“Issue urgent appropriate writ, order, or direction to specifically define “the defects of substantial character” within the meaning of Section 36(4) of the Representation of the People Act, 1951,” the petition articulated.
