'Remedy Is Election Petition': Kerala High Court Dismisses PIL Alleging Rajeev Chandrashekhar Filed False Affidavit Ahead Of Lok Sabha Polls

The Bench comprising Justice V G Arun and Justice S. Manu refused to invoke the writ jurisdiction and said its hands are 'tied' as the election process has already commenced. It observed,

“We are of the opinion that whether Returning Officer should have considered the complaint and pass reasoned order cannot be considered at this stage. The remedy of the petitioners if they are aggrieved by the affidavit filed a candidate is to file an election petition.”

The petitioner, Advocate and Congress Leader Avani Bansal alleged that Minister Rajeev Chandrashekar suppressed his financial assets and misrepresented his income in the affidavit filed along with his nomination paper. Minister Rajeev Chandrashekar is the official BJP candidate contesting for the 2024 General Elections from the Thiruvananthapuram constituency.

Her Counsel Senior Advocate George Poonthottam argued that the Returning Officer deliberately failed to consider the complaint on the day of scrutiny; the petitioner received a communication only yesterday, stating that the complaint has been forwarded to the Deputy Director of Income Tax for investigation. The Petitioners alleged that the election officers are duty-bound to give a reasoned order against the complaint preferred by them since the Returning Officer was acting in the capacity of a quasi-judicial authority. It was also argued that the Returning officer should have informed the petitioner as to whether the nomination had been accepted or rejected and had to give a written reasoned order as per Section 36 (6) of the Representation of the People's Act.

The Standing Counsel for ECI on the other hand submitted that a writ petition under Article 226 is not maintainable and the remedy is to file election petition. 

The Court orally observed that Petitioner's grievance regarding non-consideration of her complaint stands redressed as now there is a written communication against the complaint. "Your objection is being considered. You said false affidavit has been filed and assets not declared. The returning officer cannot decide it alone. He has forwarded your complaint."

The plea has been moved by Senior Advocate George Poonthottam, Advocates Nisha George, A L Navneeth Krishnan, Reginald Valsalan, Namita Philson, Anshin K K and Sidharth R Wariyar

Case Citation: 2024 LiveLaw Ker 263

Case Title: Avani Bansal v The Election Commission of India

Case Number: WP(C) 16410/2024