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[Breaking] Supreme Court Dismisses Petition Challenging Rahul Gandhi's Lok Sabha Election For Non-Appearance

LIVELAW NEWS NETWORK
2 Nov 2020 7:46 AM GMT
[Breaking] Supreme Court Dismisses Petition Challenging Rahul Gandhis Lok Sabha Election For Non-Appearance
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The Supreme Court on Monday dismissed a petition filed challenging the election of Congress MP Rahul Gandhi from Wayanad constituency in Kerala in the 2019 Lok Sabha elections for default.A bench headed by the Cheif Justice of India dismissed the petition filed by solar-scam accused Saritha S Nair for default due to non-appearance. When the petition was first called out, there was no...

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The Supreme Court on Monday dismissed a petition filed challenging the election of Congress MP Rahul Gandhi from Wayanad constituency in Kerala in the 2019 Lok Sabha elections for default.

A bench headed by the Cheif Justice of India dismissed the petition filed by solar-scam accused Saritha S Nair for default due to non-appearance.

When the petition was first called out, there was no appearance. Then the bench passed over the matter. Even when the matter was called again at the end of the board, there was no appearance. Then the bench proceeded to dismiss the petition.

The special leave petition filed by Saritha S Nair challenged the judgment passed by the High Court of Kerala on October 31 last year to reject her election petition.

The High Court had held that the petition was not filed and verified in the proper format as mandated under 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 convicted in 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.

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