SC Refuses To Entertain Independent Candidate's Plea Against Rejection Of Nomination

The Supreme Court on Friday refused to entertain a plea filed by an independent candidate challenging rejection of his nomination from Jehanabad constituency in Bihar in the Lok Sabha polls.

A vacation bench of Justices Sanjay Karol and Aravind Kumar asked the petitioner's lawyer to approach a division bench of the Patna High Court with an appeal against the order of the single judge who rejected his petition challenging the rejection of his nomination papers.

The apex court suggested the lawyer that he can also file an election petition against the high court order.

The lawyer then sought permission to withdraw the plea which was granted.

"Counsel seeks permission to withdraw the present petition for exhausting the remedy available before the constitutional court," the bench noted while permitting the counsel to withdraw the plea.

The matter was dismissed as withdrawn.

The top court was hearing a plea filed by Abhishek Dangi whose nomination papers were rejected by the District Magistrate-cum-Returning Officer of Jehanabad on "hyper technical" grounds.

"It is crystal clear that there is no appeal provided by the Representation of the People Act, 1951 against order of 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 high court had said.

It had said that an appeal or a writ petition challenging the acceptance or rejection of nomination paper in an election to "Central or State legislature is not competent".