Today(on 12th April), Independent candidate Jawahar Kumar Jha contests the rejection of his Banka nomination for Lok Sabha Elections 2024, filing a petition in the Supreme Court against what he deems an arbitrary decision.
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NEW DELHI: Today(on 12th April), Jawahar Kumar Jha, an independent candidate from the Banka parliamentary constituency in Bihar, has taken legal action against what he claims is the arbitrary and unlawful rejection of his nomination for the upcoming Lok Sabha Elections 2024. The petition, lodged with the Supreme Court of India, challenges the decision by the Returning Officer to cancel his nomination, a move Jha argues was “illegally and arbitrarily” made.
Filed through advocate Alakh Alok Srivastava, Jha’s plea voices a concern that resonates with the core of democratic principles: the right to fair participation in electoral processes. The petitioner has made several requests to the apex court, primarily focusing on the need to ensure a fair and transparent nomination process for candidates across the country.
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One of the key requests made in the petition is for the Supreme Court to “mandatorily provide a reasonable opportunity” of at least a day for every candidate to address and rectify any defects identified in their election nomination papers. This plea aims to challenge the discretionary power that Election Returning Officers currently wield, which, according to Jha, is often exercised in an arbitrary and malafide manner.
Additionally, Jha is pursuing the nullification of the press release released on April 5, 2024, by the Public Relations Office of Banka. This press release formally declared the rejection of his nomination. The revocation of this document is crucial for Jha’s eligibility to participate in the upcoming parliamentary General Elections scheduled for April 26, 2024, where he aims to represent the Banka 27 parliamentary constituency.
The petition also implores the Supreme Court to provide a clear definition of “the defects of substantial character” as mentioned in Section 36(4) of the Representation of the People Act, 1951. The lack of clarity on what constitutes a substantial defect has been a grey area, leading to what Jha deems as unjustified rejection of nominations based on subjective interpretations by the Returning Officers.
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Through his plea to the Supreme Court to validate his candidacy for the imminent elections, Jha isn’t merely asserting his right to partake in the democratic process; he’s also advocating for broader electoral reforms.
