HC dismisses BSP candidate's plea against rejection his papers
Press Trust of India Chennai Madras High Court has dismissed a petition by a BSP candidate challenging rejection of his nomination during scrutiny for May 16 Tamil Nadu Assembly polls, pointing that courts are constitutionally barred from entertaining matters related to election during the process.
A vacation bench comprising justices K K Sasidharan and S Vimala in their order yesterday referred to Supreme Court ruling with regard to Article 329 of the Constitution and said it excluded jurisdiction of courts to entertain any matter relating to election.
Interpreting Article 329(b), the apex court had held that the word "election" in the provision would include the entire process, commencing with the issue of notification and till the declaration of election, and any writ challenging the validity of any of the acts forming part of the process would be barred, the bench said.
It dismissed the petition by Jayaraj, the Bhaujan Samaj Party candidate in Thondamuthur constituency in Coimbatore district, against the April 30 order of the Returning Officer rejecting his nomination papers for some 'defects'.