The Supreme Court on Friday declined to entertain a plea filed by an independent candidate challenging the rejection of his nomination from the Jehanabad constituency in Bihar during the Lok Sabha elections.
A vacation bench comprising Justices Sanjay Karol and Aravind Kumar directed the petitioner’s lawyer to approach a division bench of the Patna High Court with an appeal against the ruling of the single judge who dismissed his petition challenging the rejection of his nomination papers.
Withdrawal of Plea
The top court suggested that the lawyer could also file an election petition against the high court’s decision.
Subsequently, the lawyer requested permission to withdraw the plea, which was granted.
The bench noted, “Counsel seeks permission to withdraw the present petition for exhausting the remedy available before the constitutional court,” while allowing the counsel to withdraw the plea.
The case was dismissed as withdrawn.
The Supreme Court heard a plea filed by Abhishek Dangi, whose nomination papers were turned down by the District Magistrate-cum-Returning Officer of Jehanabad on “hyper technical” grounds.
High Court’s Stance
The High Court’s stance was articulated as follows: “It is crystal clear that there is no appeal provided by the Representation of the People Act, 1951, against the order of the returning officer accepting or rejecting nomination paper. Article 329(b) of the Constitution lays down that ‘no election to either House of Parliament or to the either House of the Legislatures of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature.”
The court emphasized that an appeal or a writ petition contesting the acceptance or rejection of a nomination paper in an election to the Central or State legislature is not competent.
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