Can’t consider pleas against rejection of papers, says Supreme Court

PTI

New Delhi, April 19

There will be “chaos” if the Supreme Court starts entertaining petitions against rejection of nomination papers, an apex court Bench said on Friday while dismissing the plea of a man from Bihar who intended to contest the Lok Sabha elections as an Independent candidate but his papers were rejected.

The Bench said the remedy lay in filing election petitions against such rejection of nomination papers and not in approaching the top court with the grievance.

“There will be chaos if we start entertaining petitions under Article 32 (it confers the right to constitutional remedies for enforcement of fundamental rights) under the Constitution against rejection of the nomination papers,” a bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala said.

The Bench, however, permitted lawyer Alakh Alok Srivastava, representing Jawahar Kumar Jha, whose nomination as an Independent candidate for the Banka seat for the ensuing polls was rejected by the RO, to seek appropriate legal remedy.

The CJI said, “Even if we issue notice and hear the matter, it will go beyond the elections. You have to follow the discipline of election law. We are not inclined to entertain the plea against rejection of his nomination papers. The petitioner can pursue such remedies as available under law.” Jha had sought directions to the EC to curb “arbitrary and mala fide” exercise of discretion by the returning officers in rejecting nomination papers.

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