Apex Court Refuses To Entertain Plea Filed By Independent Candidate From Bihar Whose Nomination Was Rejected On 'Hypermetrical Grounds'

The Supreme Court, today, refused to entertain a special leave petition filed by independent candidate Abhishek Dangi from Jehanabad constituency in Bihar seeking relief after his nomination was rejected on alleged hypermetrical grounds by the District Magistrate-cum-Returning Officer.

Dangi was aggrieved by the order passed by the single judge of the Patna High Court dismissing the writ petition filed by him on the ground of non-maintainability.

The Bench of Justice Sanjay Karol and Justice Aravind Kumar ordered, "Counsel seeks permission to withdraw the present special leave petition for exhausting the remedy available before the Constitutional Court. Dismissed as withdrawn."

Justice Karol remarked, "Why you haven't filed an LPA? File it before the High Court."

The Bench also suggested that the Counsel for the Petitioner file an election petition before the High Court.

Accordingly, the Counsel withdrew the present special leave petition. 

It was the case of the Petitioner that the polling date for the said Constituency is June 1, 2024. The Petitioner had made detailed representation to the concerned Returning Officer on May 16, 2024, but the same was not considered.

The High Court had observed, "It is crystal clear that there is no appeal provided by the Representation of the People Act, 1951, against order of returning officer accepting or rejecting nomination paper. Nomination and scrutiny, being part of election process, Hon’ble Supreme Court decided in case of N. P. Ponnuswami vs Returning officer, Namakkal Constituency & Ors. [1952] S.C.R.has that bar created by Art 329 (b) of the Constitution is applicable to the orders of returning officer accepting or rejecting nomination papers and those orders also will have to be challenged in an election petition and not otherwise at a pre-poll stage."

Article 329(b) lays down that no election to either House of Parliament or the either House of the Legislatures of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature.

Section 80 of the Representation of the People Act, 1951 ('Act of 1951') reads that no election shall be called into question except by an election petition presented in accordance with the provisions of this part.

While relying on Article 329(b) of the Constitution and Section 80 of the Act of 1951, the High Court had said, "a suit, an appeal or a writ petition challenging the acceptance or rejection of nomination paper in an election to Central or State legislature is not competent...In view of the pronouncement of law by the Hon’ble Supreme Court, this writ petition is dismissed as being not maintainable."

Accordingly, the Special Leave Petition was dismissed.

Cause Title: Abhishek Dangi v. Election Commission of India and Ors. (SLP(C) No. 12563/2024)