HC dismisses Maneka’s election petition on ground of delay

LUCKNOW The Lucknow bench of the Allahabad high court on Wednesday dismissed the petition filed by former BJP MP from Sultanpur Maneka Gandhi challenging the election of Samajwadi Party MP Rambhual Nishad on the ground of delay in filing.

Nishad’s election was challenged on the grounds of not disclosing all the pending criminal cases against him at the time of filing his nomination papers for the 2024 Lok Sabha elections.

The single-judge bench of justice Rajan Roy, after hearing the petitioner’s counsel Sidharth Luthra, a senior Supreme Court lawyer, through video conferencing, had reserved its order on August 5, which was pronounced on Wednesday.

In the petition filed on July 27, Gandhi pointed out that out of 12 criminal cases, Nishad only mentioned eight in the election affidavit and also concealed the fact that in four of these he had been charge-sheeted. Gandhi had alleged that this was a “ corrupt practice” under the Representation of the Peoples Act, 1951.

The court asked the petitioner’s counsel as to why the filing of the petition was delayed as limitation for filing an election petition is 45 days after completion of the election. In his reply, the counsel for the petitioner referred to various rulings on the point of delay.

The Court said, “The election petition has apparently been filed beyond the period of 45 days prescribed in Section 81 of the Act . Section 86 of the Act 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 of 1951.

“ For all these reasons, this election petition being barred by Section 81 read with Section 86 of the Act 1951 and Order VII Rule 11(d) of the Code of Civil Procedure is liable to be dismissed. It is accordingly dismissed.”