The Supreme Court agreed to hear the plea of an independent candidate from Banka whose nomination for the Lok Sabha polls was cancelled. The candidate is contesting the decision, seeking reinstatement of their nomination.
New Delhi : On Wednesday (April 17) : The Supreme Court granted permission to Jawahar Kumar Jha, an independent candidate from the Banka parliamentary constituency in Bihar, to present his case regarding the alleged “illegal and arbitrary” cancellation of his nomination by the Returning Officer for the upcoming Lok Sabha Elections, 2024.
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The bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has scheduled the hearing for April 19.
Jha’s petition, filed through advocate Alakh Alok Srivastava, urges the Supreme Court to address the issue of arbitrary and unfair discretion exercised by Election Returning Officers throughout India in rejecting candidates’ nomination papers.
The plea emphasizes the need for Election Returning Officers to provide a reasonable opportunity, at least one day, for candidates to rectify any defects identified in their nomination papers.
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The petition also seeks the annulment of a press release dated April 5, 2024, issued by the Public Relation Office in Banka. This press release rejected Jha’s nomination, the petitioner requested the court declare Jha as a valid candidate for the upcoming parliamentary general elections in the Banka 27 parliamentary constituency, scheduled for April 26, 2024.
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Furthermore, the petition urges the Supreme Court to issue an urgent and appropriate writ, order, or direction to specifically define the term “defects of substantial character” as mentioned in Section 36(4) of the Representation of the People Act, 1951.
