"PMO Unique, Matter Cannot Be Kept Pending" :SC Reserves Order In Plea Against Narendra Modi's Election From Varanasi
4 years, 4 months ago

"PMO Unique, Matter Cannot Be Kept Pending" :SC Reserves Order In Plea Against Narendra Modi's Election From Varanasi

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"…the petitioner is neither an elector nor a candidate at the election which he seeks to challenge and would therefore have no locus to file election petition," said a single bench of Justice Mohan Kumar Gupta of the High Court. The court relied on Section 33 of The Representation of the People Act, 1951 which states that if a person in government service is dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State. The SLP filed in the Supreme Court contends that the High Court has failed to appreciate the misuse of provisions under Sections 9 & 33 of the Representation of the People Act, 1951 by the District Election Officer. The plea drawn by Advocate Pradeep Kumar and filed by Advocate Sanjeev Malhotra further avers that a grave error has been committed by the High Court by failing to take into contention the merits of the case and thereby, wrongly deciding the plea on "mere technical grounds" of Order VII Rule 11 of the Code of Civil Procedure.

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