SC dismissed a petition challenging the election in 2019 of Congress MP Rahul Gandhi

SC dismissed a petition challenging the election in 2019 of Congress MP Rahul Gandhi

On 02, Nov. 2020 (Monday), the Supreme Court dismissed a petition filed challenging the election of congress MP Rahul Gandhi from Wayanad Constituency in Kerala in the 2019 Lok Sabha elections for default.

A bench led by Chief Justice of India dismissed the petition filed by solar-scam accused Saritha S Nair for default due to non-appearance.

Challenging the special leave petition filed by Saritha S Nair, the judgment passed by the Kerala High Court last year to reject her election petition.

The High Court has noted that Saritha S Nair was convicted in two criminal cases for cheating and was therefore disqualified from contesting elections as per section 8(3) of the RP Act. Further, it was held that her election petition was not maintainable.

A bench of Justice Shaji P Chaly of Kerala High Court has observed that “……….the election petitions are dismissed on the ground of incurable defects pointed out above in terms of Section 86(1) of Act, 1951, and that the petitioner was disqualified from contesting the election in view of the inhibitions contained under section 8(3) of Act, 1951, read with Article 102(1)(e) of the Constitution of India”.  

The plea filed before the Supreme Court during which the petition was first called out upon hearing, but there was no appearance. Then the bench of CJI passed over the matter. Again, the matter called for a second hearing at the end of the board, even there was no appearance. At last, the bench then proceeded to dismiss the petition. Hence, the petition has been dismissed.

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