NEW DELHI: In a setback for the Congress, the Supreme Court on Friday dismissed party leader Meenakshi Natarajan’s plea challenging the rejection of her nomination for the Rajya Sabha polls, PTI reported.A bench of Justices PK Mishra and AS Chandurkar said that the Election Commission is the only remedy for a candidate whose nomination has been rejected by the returning officer (RO).Also Read | ‘Only legal notice issued’: Congress’ Meenkashi Natarajan defends Rajya Sabha nomination, claims Form 26 entry was ‘not applicable’The bench also 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.“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?” the bench said.However, it clarified that its remarks are not an observation on the merits of the case.Senior advocate Abhishek Singhvi, appearing for Natarajan, submitted that a candidate is required to disclose only criminal cases carrying a minimum sentence of two years, and 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 RO on the grounds of alleged non-disclosure of a criminal case under the Representation of the People Act.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 by omitting a court complaint in Form 26 filed along with her nomination.According to a Madhya Pradesh assembly official, BJP candidate Mahesh Kewat had filed a complaint with the RO 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.
‘Setback to democracy and Constitution’
Reacting to the Supreme Court’s rejection of her plea, Natarajan said it was not a personal setback but a blow to democracy and the Constitution.“This is not a personal setback. This is a setback to the democracy and the Constitution of India. I said from the beginning that the members of the Election Commission were compromised. When our people went to the Election Commission, they did not respond for 48 hours. The Supreme Court at least heard our plea and gave a verdict,” she told reporters.
Is it time for a reform in the Representation of the People Act?
