On Monday The Delhi High Court issued a notice on an appeal challenging the rejection of plea disputing the denial to file nomination papers by the Returning Officer, the order of the Single Judge dated January 28, 2020.
Coram: Notices to Union of India, Delhi Government, Chief Electoral Officer, and the Returning Officer, Election Commission issued by The Division Bench of Chief Justice DN Patel and Justice Hari Shankar.
Facts: On January 28, 11 Petitioners had moved the Delhi High Court claiming that they were deprived of filing their nomination papers for the upcoming Delhi Assembly elections, as the Returning Officer had allowed Arvind Kejriwal to jump the queue and file his papers out of turn. The Single Bench of Justice Sanjeev Sachdeva had rejected the plea on the ground of maintainability on the same day.
Contention: It was held in his order that as per section 100 of the Representation of the People Act, 1951, such petitions can’t be moved before the High Court and that too prior to the completion of the election process. In present, the Petitioners contended that they are not challenging the election process per se before the Division Bench of the High Court. In the plea, the decision of the Returning Officer is arbitrary, deceptive and illegal, they argued.
The decision of the Court: The court had also observed the law laid down in NP Ponnuswami case by the Supreme Court that squarely applies to the facts of the present case. Yet, the Single Bench did not make any decisions on the merits of the case. Thereof, the Division Bench has directed the above-mentioned authorities to file their replies by February 6, 2020.