Court Dismisses Maneka Gandhi’s Election Challenge Over Filing Delay
The Allahabad High Court has dismissed BJP leader Maneka Gandhi’s election petition challenging the victory of Samajwadi Party MP Ram Bhuwal Nishad in the Sultanpur Lok Sabha constituency. Justice Rajan Roy ruled that Gandhi’s petition was filed beyond the statutory deadline, as prescribed by Section 81 of the Representation of People Act, 1951 (RPA). According to this provision, an election petition must be filed within 45 days from the date of the election result. Gandhi’s petition was submitted seven days late, making it time-barred.
The Court highlighted that Section 86 of the RPA mandates dismissal of petitions that do not adhere to the 45-day filing requirement, and noted that the Limitation Act, 1963, does not apply to election petitions. As a result, the Court did not address the merits of Gandhi’s allegations, which included claims that Nishad had failed to disclose certain criminal cases in his nomination form—a non-disclosure Gandhi argued constituted a corrupt practice under Section 100 of the RPA.
Gandhi had contested the Sultanpur seat, which Nishad won with over 43,000 votes, while Gandhi secured 4,01,156 votes compared to Nishad’s 4,44,330. The Court’s decision effectively closes the legal challenge against Nishad’s election. Senior Advocate Sidharth Luthra and other legal representatives appeared on behalf of Gandhi.
(With inputs from agency)
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