LS Polls 2024 | JKP Leader Moves Allahabad HC Challenging Rejection Of His Nomination Form To Contest Against PM Modi In Varanasi

JKP Leader Vijay Nandan, who hails from Madhya Pradesh's Seoni District, has moved the High Court claiming that the District Election Officer wrongly rejected his nomination papers on the ground that the affidavit column was left blank and that no fresh affidavit was filed nor administered oath/affirmation.

The petitioner claims that all the documents on the checklist were properly received by the Assistant Returning Officer concerned as per the rules of the Election Commission of India. The Returning Officer and Assistant Returning Officer were responsible for administering the oath/affirmation to the candidate.

The Petition states that after taking the oath/affirmation, the receipt seal was to be signed and given to the candidate; however, the same was not done, and his nomination paper was arbitrarily rejected.

The petition further states that a careful and exhaustive reading of the impugned nomination form rejection order of the Returning Officer (dated May 15, 2024) reveals a clerical mistake that could have been rectified at the time of scrutiny; however, the plea argues that the Returning Officer committed illegality by not doing so.

The petitioner has contended that the candidature/nomination form of any candidature can be rejected only if there is any concealment of fact in giving a declaration, but in the present case, in the entire impugned order, nowhere is it mentioned that the petitioner concealed any information while submitting the candidature.

The petitioner also submits that if the affidavit column was left blank, it was the duty of the Returning Officer to rectify the mistake. Instead of redressing the clerical error, the Returning Officer, in gross violation of natural justice, rejected the petitioner's candidature/nomination form, which isn't justifiable, the plea argues.

“Had the Returning Officer acted illegally and in consonance with law, he would have accepted the nomination forms submitted by the petitioner and allowed him to contest election. By depriving the petitioner of his valuable right to contest election, the respondent no.4 has acted contrary to law and his decision deserves to be interfered by this Hon'ble Court,” the Petition states.

The petition also states that the Assistant Returning Officer did not follow the rules of the Election Commission, which is why the Assistant Returning Officer is eligible for criminal punishment as per the rules of the Election Commission.

“140 Crore citizen of India trust the Honorable Election Commission and cast their votes for the MPs in the Lok Sabha elections to elect the Prime Minister and Chief Minister of our country who can develop the country on which the District Election Officer plays an important role. But Varanasi District Election Officer has violated all the rules to benefit a particular person by breaking the trust of 140 Crore citizens of India,” the Petition states.

Prime Minister Narendra Modi won the Varanasi seat, defeating Congress' Ajay Rai by 152,513 votes. This was the lowest margin he had won the seat with since 2014. Seven candidates, including PM Modi, had contested from the Varanasi seat as the DEO had rejected a total of 36 nomination papers.