New Delhi, Sep 19 (IANS) Former Union Minister Maneka Gandhi has moved the Supreme Court challenging the election of Samajwadi Party’s Rambhual Nishad as MP from Uttar Pradesh’s Sultanpur Lok Sabha constituency.
As per the computerised case status, the matter is likely to be heard by the apex court on September 20.
Earlier, the Allahabad High Court had dismissed Maneka Gandhi’s election petition being time-barred by Section 81, read with Section 86, of the Representation of People (RP) Act, 1951.
As per Section 81 of the RP Act, an election petition can be filed within 45 days from, but not earlier than the date of election of the returned candidate.
Justice Rajan Roy of the Lucknow Bench of the Allahabad High Court noted that the returned candidate was elected on June 4 but Maneka Gandhi filed an election petition on July 27.
In its judgment delivered on August 14, the single-judge bench of Justice Roy said: “The election petition has apparently been filed beyond the period of 45 days prescribed in Section 81 of the Act 1951. Section 86 of the Act 1951 provides that the High Court shall dismiss an election petition which does not comply with the provision of Section 81 or Section 82 or Section 117 of the Act 1951.”
There is no provision under the RP Act which permits condonation of such delay and extension of the imitation proscribed, the high court said, adding that “under the repealed Section 85, there was a provision for condonation of delay in filing election petition but there is no such provision in the RP Act existing as of now”.
In her petition, Maneka Gandhi contended that the Samajwadi Party leader did not disclose four criminal cases pending against him and swore a false affidavit.
–IANS
pds/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
