SC dismisses plea in opposition to Rahul Gandhi’s election from Wayanad in 2019 Lok Sabha polls

By PTI

NEW DELHI: The Supreme Court has dismissed a plea difficult the election of Congress chief Rahul Gandhi in 2019 from Wayanad Lok Sabha constituency in Kerala.

A bench of justices A S Bopanna and Dipankar Datta rejected the petition filed by Saritha S Nair, who had moved the apex court docket in opposition to an October 31, 2019 determination of the Kerala High Court by which her election petitions difficult the Lok Sabha polls in Wayanad and Ernakulam additionally had been dismissed.

On November 2, 2020, Nair’s plea difficult Gandhi’s election was rejected by the highest court docket for non-prosecution. Later, an software looking for the restoration of the plea was filed within the apex court docket.

When the matter got here up for listening to earlier than the court docket on Friday, the bench allowed the applying for restoration.

“The special leave petition is restored to its original number. Having heard counsel for the petitioner on merits, we see no reason to interfere with the impugned order. The special leave petition is, accordingly, dismissed,” the bench mentioned in its order.

On November 2, 2020, the matter had come up earlier than a three-judge bench headed by the then Chief Justice of India S A Bobde.

“Even on second call, no one was connected through video conferencing. The special leave petition is dismissed for non-prosecution,” the apex court docket had then mentioned.

Nair’s nomination papers for contesting the Lok Sabha polls from the Wayanad and the Ernakulam Lok Sabha seats had been rejected by the returning officers involved in 2019 on account of her conviction and sentencing in two legal instances associated to the photo voltaic rip-off within the state.

The excessive court docket had not allowed Nair’s pleas difficult the polls in each the Lok Sabha seats, saying her nomination papers had been rejected because the conviction within the two legal instances weren’t suspended.

It had mentioned that solely the sentences within the instances had been suspended by the appellate court docket.

The excessive court docket had mentioned that it was clear from the aid sought within the enchantment petition that Nair had solely sought suspension of the sentence and never suspension of conviction.

Nair’s nomination papers had been rejected below Section 8(3) of the Representation of People Act, 1951 which prescribed for disqualification on account of conviction and sentencing in a legal case.

Gandhi had received Kerala’s Wayanad seat — the second seat he contested within the 2019 polls — with a report margin of 4,31,770 votes.

He had defeated his nearest rival P P Suneer of the Communist Party of India who secured 2,74,597 votes, whereas Gandhi received 7,06,367 votes.

NEW DELHI: The Supreme Court has dismissed a plea difficult the election of Congress chief Rahul Gandhi in 2019 from Wayanad Lok Sabha constituency in Kerala.

A bench of justices A S Bopanna and Dipankar Datta rejected the petition filed by Saritha S Nair, who had moved the apex court docket in opposition to an October 31, 2019 determination of the Kerala High Court by which her election petitions difficult the Lok Sabha polls in Wayanad and Ernakulam additionally had been dismissed.

On November 2, 2020, Nair’s plea difficult Gandhi’s election was rejected by the highest court docket for non-prosecution. Later, an software looking for the restoration of the plea was filed within the apex court docket.

When the matter got here up for listening to earlier than the court docket on Friday, the bench allowed the applying for restoration.

“The special leave petition is restored to its original number. Having heard counsel for the petitioner on merits, we see no reason to interfere with the impugned order. The special leave petition is, accordingly, dismissed,” the bench mentioned in its order.

On November 2, 2020, the matter had come up earlier than a three-judge bench headed by the then Chief Justice of India S A Bobde.

“Even on second call, no one was connected through video conferencing. The special leave petition is dismissed for non-prosecution,” the apex court docket had then mentioned.

Nair’s nomination papers for contesting the Lok Sabha polls from the Wayanad and the Ernakulam Lok Sabha seats had been rejected by the returning officers involved in 2019 on account of her conviction and sentencing in two legal instances associated to the photo voltaic rip-off within the state.

The excessive court docket had not allowed Nair’s pleas difficult the polls in each the Lok Sabha seats, saying her nomination papers had been rejected because the conviction within the two legal instances weren’t suspended.

It had mentioned that solely the sentences within the instances had been suspended by the appellate court docket.

The excessive court docket had mentioned that it was clear from the aid sought within the enchantment petition that Nair had solely sought suspension of the sentence and never suspension of conviction.

Nair’s nomination papers had been rejected below Section 8(3) of the Representation of People Act, 1951 which prescribed for disqualification on account of conviction and sentencing in a legal case.

Gandhi had received Kerala’s Wayanad seat — the second seat he contested within the 2019 polls — with a report margin of 4,31,770 votes.

He had defeated his nearest rival P P Suneer of the Communist Party of India who secured 2,74,597 votes, whereas Gandhi received 7,06,367 votes.