Disqualified Candidate's Plea: Allahabad High Court Issues Notice To 10 Newly Elected Rajya Sabha MPs

The Bench Of Justice Jaspreet Singh issued notice on Bajaj's plea claiming that the returning officer had, citing fault in his affidavit, wrongly rejected his nomination.

Bajaj stated before the Court that the elections for the Rajya Sabha was held on 02^nd November, wherein he was also a candidate. However, his nomination paper was illegally rejected by the Returning Officer by means of order dated 28^th October.

Apart from that, he has also submitted that the nomination papers of the respondent Nos. 1 to 10 have been illegally accepted inasmuch as for the same errors, his affidavit was refused to be considered.

He has further submitted that similar errors were prevalent in the affidavits filed by the respondent Nos.1 to 10 which were ignored and thus, the Returning Officer had adopted a double yardstick.

"Since the nomination was arbitrarily rejected, the elections should be conducted afresh," the petitioner has demanded.

The Counsel for the petitioner (Bajaj) submitted before the Court that the Petitioner's case was being pressed in respect of grounds mentioned in Section 100(1)(c) and (d)(1) of the Representation of the People Act, 1951.

To this, the Court issued notices to to respondent Nos.1 to 10 (Newly Elected Rajyasabha Members).

The matter has been listed for further hearing on 25^th January 2021.

Union minister Hardeep Singh Puri and nine others were elected unopposed to the Rajya Sabha from UP on 02^nd November. While Eight of them belonged to the BJP, one each is from the SP and the BSP.

As per the report of The Indian Express, Bajaj had earlier moved Supreme Court questioning the rejection of his nomination for the Rajya Sabha elections from Uttar Pradesh.

However, the Apex Court has asked him to approach Allahabad High Court with his grievance.

The Bench headed by Chief Justice S A Bobde accordingly allowed him to withdraw his plea. "Mr Pradeep Rai, learned senior counsel appearing on behalf of the petitioner seeks leave of this Court to withdraw the writ petition with liberty to avail an alternative remedy. The writ petition is dismissed as withdrawn with liberty as prayed for," the Bench also comprising Justice A S Bopanna and Justice V Ramasubramaian said in its order.

Case title - Prakash Bajaj v. Sri Arun Singh & Ors. [Election Petition No. - 1 of 2020]

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