The Madras High Court has ordered issue of notice to Election commission on a petition from a native of Karnataka who was not allowed to contest as independent candidate from Srirangam assembly constituency in the February 13 bypoll.
Assailing rejection of his nomination, he wanted the court to declare as unconstitutional Section 5 (c) of the Representation of the People Act, 1951.
While a voter from any part of the country could contest as a candidate in a parliamentary election, why cannot similar permission be given for contesting in assembly elections in any state, the petitioner S Raghavan of Bangalore, whose nomination papers were rejected by poll authorities on January 29, contended.
The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh ordered issue of notice to the election commission and adjourned the case to April 9 for further hearing.
The petitioner said that as per Section 4(d) of the Act, basic qualification for contesting in parliamentary polls is being an elector in any parliamentary constituency in the country.
Whereas Section 5( c) of the Act says being an elector in any assembly constituency in the state concerned is the precondition for contesting in assembly polls.
Terming this discriminatory, Raghavan wanted the high court to declare Section (c ) of the Act ultra vires the Constitution and be declared as illegal, as it is not on par with Section 4 of the RP Act.
He said his name was enlisted in the legislative constituency of Hebbel in Bangalaore and that he had a fair chance of garnering a decent number of votes in Srirangam byelections. Though his name was duly proposed by 10 voters of Srirangam constituency, after scrutiny of papers on January 28, his nomination was rejected on January 29.
"Refusal of my candidature on the ground of want of my name in the electoral list in any one of the electoral constituency of Tamil Nadu is unconstitutional, unwarranted and illegal," he submitted, adding that his fundamental right to equal treatment had been infringed by poll authorities.
