Supreme Court Refuses To Entertain Writ Petition Challenging Rampur Bye-Elections

The Supreme Court on Monday refused to entertain a writ petition seeking to declare the Bye-Election of 37, Rampur Assembly Constituency as void, and the election process as illegal. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

The petition argued that it had been filed against the "atrocities done by Police/Administration" during By-Election to 37, Rampur Assembly Constituency, Rampur(UP) on 05.12.2022 whereby Police Administration stopped thousands of voters from casting their vote and violated their fundamental and constitutional rights.

At the outset, CJI DY Chandrachud asked–

"How can you challenge an election by writ? File an election petition!"

Advocate Sulaiman Mohd Khan, petitioner-in-person, submitted that if he filed a writ petition in High Court it would not be listed for ten days and that election petition could only be filed after the results were declared. CJI DY Chandrachud said–

"Even results are declared now. You may be right but you have to follow the direction of election law- the sanctity. You have to file an election petition. We cannot entertain this."

Senior Advocate Sanjay Hegde argued–

"In an election petition, you cannot order investigation. This one bye-election- it doesn't matter. The problem is that what happens in these bye-elections, it affects a lot of things. If there is one successful case, it gets replicated."

However, the bench was not convinced and dismissed the petition on the ground that the remedy sought for was completely misconceived. 

The petition had argued that the entire election process was a "sham and a farce in violation of all constitutional guarantees." Stating that thousands of peaceful citizens were stopped from moving out of their houses with the objective of preventing them from casting their votes, the petition argued that the election process had violated Articles 14,19, and 21 of the Indian Constitution. 

"The police authorities, administration, returning officer and observers were acting as an agent of the BJP Candidate to benefit/favour him in the election by using every unconstitutional means to stop voters from Muslim Dominated Areas/City Area from voting as traditionally they vote against BJP," stated the petition. 

Case Title: Sulaiman Mohd Khan v. ECI | Diary No. 40265-2022 PIL-W

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