Rajya Sabha Polls 2022: Delhi High Court Dismisses Candidate's Plea To Relax Deadline For Filing Nomination

The Delhi High Court has recently dismissed a plea filed by an individual candidate seeking directions on the Election Commission of India to grant him permission to file Nomination for the candidature of Rajya Sabha Election 2022.

A vacation bench comprising of Justice Poonam A. Bamba rejected the plea of one Vishwanath Pratap Singh after observing that the date for filing of Nomination Forms for the polls were already over. The last date for submission of nomination was May 31.

"It is also not in dispute that the list of candidates for the aforesaid elections has already been published and the said elections are scheduled for 10.06.2022 i.e. today," the Court noted in its order dated June 10.

It was the petitioner's case that he intended to file his nomination as independent candidate for Rajya Sabha Election, 2022. Accordingly, he collected the nomination form on May 30, 2022. 

However, he was not allowed to file his nomination and was required to get the signatures of the proposer, as mentioned in a column in the said Nomination Form. In absence of the proposer, the petitioner was prevented from filing his nomination for candidature on time.

Therefore, it was submitted that the petitioner approached the ECI to allow him to file his candidature without proposer, but the officials did not pay any heed to his request in view of its rules, regulations and policies.

The petitioner, appearing in person, submitted that his fundamental right of free speech and expression and the right to personal liberty had been infringed by ECI in a mala fide manner by not granting him permission to file nomination the polls.

On the other hand, the counsel appearing for ECI sought dismissal of this petition by arguing that the same was not maintainable as being barred by Article 329(b) of the Constitution of India and sec. 80 of the Representation of the People Act, 1950.

It was also submitted that once the election process had begun, no court can entertain any such litigation. If at all, the petitioner could approach Election Commission of India, that too only after the elections are over.

Perusing the relevant provisions, the Court was of the view that any challenge to the election to either House of the Parliament can be made only by way of an election petition before the Election Commission of India.

"Even Section 80 of the Representation of the People Act, 1950 prohibits challenging of any election except by way of an election petition," the Court noted.

Observing that the petitioner had an efficacious remedy available under law and could not have invoked writ jurisdiction, the Court dismissed the plea as not being maintainable.

Case Title: VISHWANATH PRATAP SINGH v. ELECTION COMMISSION OF INDIA & ANR

Citation: 2022 LiveLaw (Del) 573

Click Here To Read Order