Lawstreet Journal

No Judicial Interference in Kerala elections ?, Election Commission says to HC Kerala

Lawstreet Journal 24 Mar 2021 2:30am

Image courtesy: Lawstreet Journal Judiciary No Judicial Interference in Kerala elections ?, Election Commission says to HC Kerala

The High Court of Kerala took stance on a arising issue, held that no High Court can be allowed to exercise its power as laid under article 226 of the Constitution as a way to interfere in the process of acceptance or rejection of nomination papers of candidates by questioning. The Court said it cannot use the said provision. 

The High Court gave a detailed order rejecting various writs that were filed which were challenging the rejection of their nomination papers for the 2021 Kerala Legislative Assembly elections. The Court said that any such interfere is feared to delay or hold back the progress of the upcoming elections. 

Justice N Nagaresh of the Kerala Bench stated, “Rejection or acceptance of nomination papers cannot be challenged under Article 226 of the Constitution”. But regardless the Court took notice of the allegations that were made against various ‘Returning Officers’ in the writ petitions. 

The Court was concerned and showed deep worry calling it “grossly discriminatory" if any of the said allegations and differential treatments mentioned in the petitions had any true to them.

The Court said, “Returning Officers in different constituencies are resorting different parameters in the matter of acceptance of nominations, scrutiny of nominations and acceptance of various forms. When some candidates get the benefits of liberal approach of the Returning Officers, some others are put to disadvantageous position affecting their statutory right under the Representation of the People Act to contest in the elections.."

The Election Commission was ordered to ensure that “such differential treatment is… Continue Reading...

Tagged: kerala high court  
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