SC dismisses Meenakshi Natarajan's plea challenging rejection of nomination for RS election

NEW DELHI: The Supreme Court on Friday dismissed Congress leader Meenakshi Natarajan's plea challenging rejection of her nomination papers for the Rajya Sabha election from Madhya Pradesh.

A bench comprising Justices Prashant Kumar Mishra and Atul S Chandurkar, however, said it has not observed anything on the merits of the case.

"If the court accepts arguments to find out glaring cases which are required to be interfered under Article 32/226, and the other sets of cases, where the rejection is not so improper prima facie to relegate them to election petitions, this court would be reading some principle which is not provided for under Article 329.

"We are afraid, that any such interpretation that in some of the matters this Court can interfere while leaving some others to avail the remedy of election tribunal cannot be encouraged," the bench said.

Article 329 of the Indian Constitution bars courts from interfering in electoral matters, ensuring elections proceed without judicial delays.

During the hearing, the top court said once nomination of a candidate is rejected by the returning officer, the only remedy is to approach the Election Commission.

The court also asked Natarajan's counsel to show any judgement passed by it where it has interfered in such cases.

"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

Senior advocate Abhishek Singhvi, appearing for Natarajan, submitted that a candidate is supposed to disclose a criminal case which provides for a minimum sentence of two years and, in the present matter, only summons were issued.

He said the nomination paper for the Rajya Sabha poll in Madhya Pradesh was wrongly rejected by the returning officer citing alleged non-disclosure of a criminal case under the Representation of People Act.

An order by the Rajya Sabha Election Returning Officer Arvind Sharma stated that it was found after examining available documents that Natarajan submitted an incomplete affidavit, omitting a court complaint in Form 26 submitted with her nomination.

According to a Madhya Pradesh assembly official, the ruling BJP candidate, Mahesh Kewat, filed a complaint with the returning officer alleging that Natarajan had not mentioned in her affidavit a case registered against her in Telangana.