The Supreme Court has recently dismissed a plea against a Madhya Pradesh High Court order that framed issues in a petition challenging the election of Union Civil Aviation Minister Jyotiraditya Scindia to the Rajya Sabha from Madhya Pradesh in 2020.
A bench comprising Justice Hrishikesh Roy and Justice Pankaj Mithal dismissed the plea filed by Congress leader Govind Singh, who filed an election petition against Scindia. Singh has contested Scindia’s candidature as a BJP candidate from Madhya Pradesh in the biennial election for Rajya Sabha held on June 19, 2020.
Singh argued that Scindia failed to disclose the registration of an FIR against him and others at Shyamla Hills police station in Bhopal while submitting the nomination paper and affidavit.
Senior advocate Anoop George Chaudhary, representing Singh, argued that as per the provisions of the Representation of the People Act, 1951, contesting candidates must disclose all necessary facts and particulars in the nomination form and affidavit. Chaudhary claimed that Scindia’s failure to disclose the FIR amounted to fraud and corrupt practices, and therefore, his election should be declared null and void.
Chaudhary stated that although Singh had raised various other issues, the high court only framed a preliminary issue regarding whether the mere registration of an FIR constitutes a “pendency of a criminal case” that should be disclosed in the nomination papers of a prospective candidate under the Representation of the People Act, 1951.
However, the bench disagreed with Chaudhary’s submission and dismissed Singh’s appeal against the high court’s March 17 order.
During the proceedings in the Madhya Pradesh High Court, Scindia argued that no criminal case was pending against him. He stated that the mere registration of an FIR at Shyamla Hills police station in Bhopal, for offenses punishable under Sections 465, 468, 469, 471, 472, 474, and 120-B of the IPC at the time of submitting the nomination paper and affidavit, did not fall under the purview of a pending criminal case.
