On Monday the Supreme Court has dismissed a petition regarding the election of Congress MP Rahul Gandhi Nagar from wayanad constituency in kerela in 2019 lok sabha elections for default

2 nov 2020

On Monday the Supreme Court has dismissed a petition regarding the election of Congress MP Rahul Gandhi Nagar from wayanad constituency in kerela in 2019 lok sabha elections for default

The petition was filled by solar-scam accused Sarita s Nair but it was dismissed by the chief justice of India. The petition was dismissed because when the petition was called no one appeared then the matter was passed over. Even after the matter was called at the end, there was no one to appear due to which the petition was dismissed. Last year the petition filed by Saritha s Nair at high Court of kerala was dismissed. The high Court said that the petition was not filled in the proper format under the section 83 of the representation of people act."...petitioner has not filed the election petition in accordance with the mandatory requirements of law and is filed in a casual manner without even attesting many of the Annexures, and without properly marking the same", the HC observed.

Further, the HC noted that Saritha S Nair was convictedin two criminal cases for cheating and was therefore disqualified from contesting elections as per Section 8(3) of the RP Act. Hence, the High Court held that her election petition was not maintainable. In fact, her nominations to contest from Ernakulam and Wayanad constituencies were rejected by the Returning Officers on this ground. Though Saritha Nair pointed out that her nomination to contest in Amethi(UP) against Gandhi was accepted by the Returning Officer there, the High Court did not accept this argument holding that she was disqualified from contesting elections.

"..the election petitions are dismissed on the ground of incurable defects pointed out above in terms of Sec.86(1) of Act, 1951, and that the petitioner was disqualified from contesting the election in view of the inhibitions contained under Sec.8(3) of Act, 1951, read with Article 102(1)(e) of the Constitution of India", a bench of Justice Shaji P Chaly of the High Court observed.