The Supreme Court on Friday dealt a setback to the Congress party by dismissing a plea from party leader Meenakshi Natarajan. She had challenged the rejection of her candidature for the Rajya Sabha elections.
Court's Stance on Nomination Rejection
A two-judge bench, comprising Justices PK Mishra and AS Chandurkar, asked her counsel to cite a single instance where the Supreme Court had intervened in a case involving the rejection of a candidate's nomination papers, as reported by PTI. The bench remarked, "However erroneous the decision may be, once a nomination is rejected, the remedy ordinarily lies elsewhere. Is there any judgment of this Court where we have interfered at that stage?"
Arguments Presented
Senior advocate Abhishek Singhvi, representing Natarajan, submitted that a candidate is required to disclose only criminal cases carrying a minimum sentence of two years. In the present matter, only summons had been issued. Singhvi argued that Natarajan’s nomination paper for the Rajya Sabha election in Madhya Pradesh was wrongly rejected by the Returning Officer (RO) on grounds of alleged non-disclosure of a criminal case under the Representation of the People Act.
Returning Officer's Order
An order issued by Rajya Sabha Returning Officer Arvind Sharma stated that after examining the available documents, Natarajan was found to have submitted an incomplete affidavit. She omitted a court complaint in Form 26 filed along with her nomination.
Background of the Case
According to a Madhya Pradesh Assembly official, BJP candidate Mahesh Kewat had filed a complaint with the Returning Officer alleging that Natarajan failed to disclose a case registered against her in Telangana. The rejection of her nomination ultimately resulted in the BJP winning all three Rajya Sabha seats that fell vacant in Madhya Pradesh.
