Supreme Court stays proceedings against election of Chhattisgarh Congress MLA

On Friday, the Apex Court stayed the proceedings against the election of Congress MLA Devendra Yadav to the Chhattisgarh legislative assembly.

A bench of Justices Surya Kant & N Kotiswar Singh issued notice to BJP leader Prem Prakash Pandey, who has challenged the election of Yadav from Bhilai Nagar constituency of the state.

Senior advocate Vivek Tankha & advocate Sumeer Sodhi, appearing for Yadav, argued that the high court erred in dismissing the application under Order 7 Rule 11 of the Civil Procedure Code, questioning the maintainability of Pandey’s election petition.

The BJP leader challenged the election on the ground that Yadav, while filing his nomination, did not disclose correct facts & falsely stated certain points, which were contrary to the provisions of the Representation of People Act, & materially affected the result of the election.

Alleging it was a corrupt practice, Pandey contended the nomination paper of the petitioner was wrongly accepted.

The Supreme Court in its 2002 verdict held that voters have a right to know the correct antecedents, including the criminal past of the candidate contesting MP or MLA elections, he argued.

The Chhattisgarh High Court on July 5, 2024 dismissed Yadav’s plea questioning the maintainability of Pandey’s petition.

(Only the headline and picture of this report may have been reworked by the LatestLaws staff; the rest of the content is auto-generated from a syndicated feed.)

Source Link