PRESIDENT INC MAHANAGAR BLOCK HALDWANI. EX PRESIDENT @IYC KALADHUNGI ASSEMBLY UK EX VP @IYC NAINITAL-UDHAMSINGHNAGAR PARLIAMENTARY. EX Nsui EX VP ST. UN.ЁЯЗоЁЯЗ│
I talked to Ms. Meenakshi Natarajan and several other senior Congress leaders yesterday when I learned of this most remarkable and astonishing rejection of her nomination papers by the Returning Officer.
This is, on the face of it, patently and blatantly illegal because no criminal case, in the eyes of the law, exists against Ms. Natarajan.
This is because, in a private complaint, which anyone can file against anyone, no criminal case comes into existence unless and until the magistrate or the concerned judge takes cognizance.
At the highest, in the present case of Ms. Natarajan, there is a notice by a court to her on a private complaint well before that court has taken cognizance, and indeed, the issue of cognizance is yet to be decided after hearing her by that court. So where is the question of a criminal case which she had to disclose?
This is well established by Indian jurisprudence, including a High Court judgment directly on point. It is not possible that the Returning Officer took an independent, objective, fair, and impartial stance; otherwise, there is no way in law her nomination could have been rejected..
I hope and trust that the Election Commission in Delhi, the central body, will exercise its inherent, administrative, and superior powers to reverse this decision or order. Otherwise, it would be a very serious violation of the level playing field principle.
It would create a highly skewed system in a democratic election, thereby affecting democracy and the basic structure itself.
There is still time, since today is the last day for withdrawal. No one can, and should, in a true democracy, be denied even the right to nominate oneself for the Rajya Sabha in this manner.
: @DrAMSinghvi ji Chairperson, AICC Law, RTI & HR Dept.