New Delhi, May 31 The Supreme Court on Friday dismissed, as withdrawn, the plea filed by an independent candidate from Bihar's Jehanabad Lok Sabha constituency challenging the rejection of his nomination form.
A bench of Justices Sanjay Karol and Aravind Kumar told petitioner Abhishek Dangi to file a letter patent appeal before the high court or rather, institute an election petition in the matter.
Sensing the disinclination of the apex court, counsel representing the petitioner sought permission to withdraw the matter. Ultimately, the petition was dismissed as withdrawn with the liberty to exhaust the other available alternative remedies.
The special leave petition, filed through advocate Suvidutt M.S., alleged that the petitioner’s nomination form was rejected due to ulterior and hidden motives of the local administration which can only be cured by the apex court since he has lost hope in the government and electoral machinery.
On May 21, the Patna High Court dismissed Dangi's writ petition challenging the rejection of his nomination papers by the District Magistrate-cum-Returning Officer.
"A suit, an appeal or a writ petition challenging the acceptance or rejection of nomination paper in an election to Central or State legislature is not competent. In view of the pronouncement of law by the Hon’ble Supreme Court, this writ petition is dismissed as being not maintainable," said a single-judge bench of Justice Prabhat Kumar Singh.
The plea said that the petitioner’s nomination form was rejected for not answering Question No. 8(ii) B which was a follow-up question in case the answer to Question 8 (ii) A was "Yes" but the applicable and correct answer in Petitioner’s case is “No" as he has not stayed in accommodation provided by the government at any time during the last ten years before the date of notification of the current election.
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