BJP Leader Maneka Gandhi Moves Supreme Court Against Election Of Samajwadi Party's Ram Bhuwal Nishad From Sultanpur Lok Sabha Constituency

Senior BJP leader and former Union Minister Maneka Gandhi has approached the Supreme Court challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency. Reportedly, Gandhi has filed a second petition as well, challenging Section 81 of the Representation of People Act, 1951.

The matters are listed tomorrow before a bench of Justices Surya Kant and Ujjal Bhuyan.

Facts giving rise to the case are as follows: Nishad defeated Gandhi (then sitting MP, Sultanpur) by 43,000+ votes in the recently concluded Lok Sabha Elections 2024. While Nishad got 4,44,330 votes, Gandhi managed to get 4,01,156 votes, leading to her defeat.

Challenging Nishad's election, Gandhi filed an election petition before the Allahabad High Court, with a seven-day delay. She accused Nishad of not accurately disclosing in his nomination form the criminal cases pending against him. It was claimed that while filing Form-26 during the election process, Nishad disclosed only 8 criminal cases, whereas there were actually 12 cases pending against him.

On August 14, the Lucknow bench of the Allahabad High Court dismissed Gandhi's petition, holding that it was filed in contravention of Section 81 read with Section 86 of the RP Act, as well as barred by limitation.

For context, Section 81 of the RP Act provides a 45-day period from the date of election of the returned candidate, and if the dates for elections are different, then the later date for filing the election petition. Section 86 requires the High Courts to dismiss election petitions that do not comply with Sections 81, 82, and 117.

Gandhi beseeched the High Court to condone the delay as she was hospitalized and delay was only of 1 week. However, her petition was dismissed. Challenging Section 81 of the RP Act, as well as the decision of the High Court, she has now approached the Supreme Court.

The petitions have been filed through Advocate-on-Record Supriya Juneja.

Case Title:

(1) MANEKA SANJAY GANDHI v. RAMBHUAL NISHAD, C.A. No. 10644/ 2024

(2) MANEKA SANJAY GANDHI v. UNION OF INDIA, WP(C) No. 588/2024