The Supreme Court refused to entertain RJD leader Sweta Suman’s plea challenging the rejection of her nomination from Mohania reserved seat, citing ongoing election process. The Court advised her to “file an election petition” instead.
New Delhi: The Supreme Court on Friday refused to hear a plea filed by Rashtriya Janata Dal (RJD) candidate Sweta Suman, who had challenged the rejection of her nomination papers for the Bihar Assembly elections. Her nomination for the Mohania constituency, which is a reserved seat, was rejected on the grounds of a “fake” caste certificate.
A bench of Chief Justice B. R. Gavai and Justice K. Vinod Chandran stated that once the election process has started, courts are not allowed to interfere in it.
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The bench clearly said,
“File an election petition.”
Understanding that the court was not inclined to entertain the plea, the lawyer appearing for the RJD leader sought permission to withdraw the petition with the option to file an election petition later.
Allowing this, the Chief Justice said,
“The petition is allowed to be withdrawn with the liberty to take recourse available in law.”
Earlier, on November 3, the Patna High Court had also dismissed Sweta Suman’s plea challenging the rejection of her nomination papers from the Mohania reserved constituency in Kaimur district.
She had approached the high court against an order of the Election Officer dated October 22, which had rejected her nomination on the basis that her caste certificate might not be genuine.
The Election Officer took this decision after a report by the Circle Officer of Durgawati raised doubts over the authenticity of the document.
A single-judge bench of Justice A. Abhishek Reddy of the Patna High Court had said that such petitions cannot be entertained once the election process has begun, referring to the constitutional restriction under Article 329(b) and the legal remedy available under the Representation of the People Act, 1951.
The High Court had said,
“Once the election process has commenced, no writ petitions or cases other than election petitions can be entertained,”
adding that judicial interference at this stage would “directly affect and delay the ongoing election process.”
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The Mohania constituency, which is reserved for Scheduled Caste candidates, will go to polls on November 11 during the second phase of the Bihar Assembly elections. The first phase of polling was held on Thursday.
This decision by the Supreme Court reaffirms the principle that courts cannot intervene once the election process is underway, and any grievances regarding nomination rejections or other electoral matters must be addressed through election petitions as provided under the law.
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