Posted by New Delhi: The Supreme Court has refused to entertain a petition by Jawahar Kumar Jha, an independent candidate from Banka Lok Sabha constituency in Bihar, whose nomination papers were earlier rejected by the returning officer.
The Supreme Court bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwal said, “If they start entertaining such petitions that claim that cancellation of their nomination papers is a violation of their fundamental rights, there will be chaos in elections.”
Jawahar Jha’s nomination papers were rejected by returning officer from Banka Lok Sabha seat
Jawahar Jha had last week approached the Supreme court challenging the action of the returning officer as arbitrary and illegal after his nomination papers were rejected and had sought the court’s intervention to declare him as a valid candidate for the upcoming parliamentary General Elections 2024 to be held on April 26, 2024 at the Banka Parliamentary Constituency.
ECI took a preliminary objection to Jha’s petition during hearing on Friday
During the hearing on Friday, the Election Commission of India (ECI) took a preliminary objection to the petition saying that a candidate does not have any fundamental right to contest elections and as such a petition for enforcement of fundamental right by Jha was not maintainable.
What did the apex court say?
The court also agreed and said, “The right relief for a candidate challenging rejection of his nomination paper was an election petition and not a petition under article 32 of the Constitution before the Supreme Court of India. You have to follow the discipline of election law. We are not inclined to entertain the plea against his rejection of nomination papers. Petitioner can pursue such remedies as available under law.”
However, advocate appearing for Jawahar Jha tried to explain his coming to the supreme court, saying that there were some high courts in the country that allowed filing of writ petitions against cancellation of nomination papers, while Patna High Court had refused to toe the same line and the petitioner had no option but to come to the Supreme Court.
However the Supreme Court refused to accept the argument and allowed Jha to purse remedies under law.