Karnataka high court disposes of Indipendent candidate’s plea challenging rejection of nomination papers

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BANGALORE: The Karnataka high court has disposed of a petition filed by one Joseph J Soloman, an Independent candidate who had challenged rejection of his nomination papers by the returning officer of Bangalore Central parliamentary constituency.

The court has given liberty to him file an election petition once the election is process over.

During the hearing, Krishna S Dixit, counsel for Election Commission told the court that as per the bar contained in Article 323 B of constitution, courts cannot entertain writ petitions regarding election disputes relating to either assemby or parliamentary elections and the same can only be raised through an election petition as per section 80 of Representation of People’s Act ,1951.

He admitted that the court wrongful rejection of a nomination paper is a ground for setting aside an election but the same has to be challenged after the election process is completed in terms of section 100(c)of Representation of People’s Act ,1951.

Soloman, who had filed nomination as an Independent candidate had claimed that his nomination papers were rejected without any valid reason.

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