Quick Summary: A candidate's nomination for the Jubilee Hills bye-election was turned down because of a technical mistake. The court decided that the candidate should file an election complaint instead of a direct court complaint.
In the Jubilee Hills Assembly Constituency bye-election, the nomination of Mr. Raghav Mehta was turned down. The problem happened when the Election Officer found an issue with the nomination form related to "Part SL.No.812" on the voter list. Mr. Mehta filed a direct court complaint against this rejection.
Petitioner's Stand: Mr. Mehta's lawyer argued that the rejection went against the Representation of People Act, 1951. They believed Mr. Mehta should have been allowed to fix the mistakes in the nomination before it was turned down.
Respondents' Stand: On the other side, the respondents' lawyer, Mr. Avinash Desai, explained that under Section 80 of the Representation of People Act, 1951, election issues must be dealt with through an election complaint, not a direct court complaint.
"Improper rejection of the nomination is a reason to challenge, but it must be done through an election complaint."
The court, led by Justices P. Sam Koshy and Suddala Chalapathi Rao, referred to a Supreme Court decision which stated that problems with nominations must be dealt with as part of the election process, not through immediate court action. The court stressed that the right way was to file an election complaint.
The court dismissed the direct court complaint, stating it didn't have enough basis. Mr. Mehta now has to go through an election complaint if he wants to challenge the rejection further.
"No strong case has been made out... the direct court complaint lacks basis and is therefore rejected."
This decision shows how important it is to follow the correct steps in election-related issues.
"Disclaimer: The names used in this report are made up and have been added for privacy reasons."
