HC issues notice to Rahul on Saritha’s petition

Source: thehindu.com

The Kerala High Court on Thursday issued notice to Rahul Gandhi, former Congress president, and the Election Commission on a petition filed by Saritha S. Nair, an accused in the solar scam, challenging the election of Mr. Gandhi from the Wayanad Lok Sabha constituency.

The court also issued notice to Hibi Eden and the Election Commission on another petition filed by Saritha seeking to declare void the election of Mr. Eden from the Ernakulam Lok Sabha constituency.

According to her petitions, she had contested from the Amethi constituency after the Returning Officer accepted her nomination papers. However, the Returning Officers of the Wayanad and Ernakulam constituencies had rejected her nomination papers on the ground that she was sentenced to three years each in two cheating cases by magistrate courts.

While the Judicial First Class Magistrate Court (JFCM), Perumbavoor, in Kochi had awarded three years imprisonment to her and imposed on her a fine of ₹10,000, she was sentenced to three year imprisonment by the Pathanamthitta JFCM in another solar cheating case and directed to pay a fine of ₹45 lakh.

She pointed out that both the sentences were suspended by the Ernakulam Sessions Court and the High Court. As her the sentences were suspended, she could not be disqualified under Section 8(3) of the Representation of Peoples Act from contesting elections.

However, without application of the mind, the Returning Officers had rejected her nomination papers and took the stand that since the convictions had not been suspended by the appellate courts, she was not eligible to contest the elections. The decisions of Returning Officers in Ernakulam and Wayanad constituencies were illegal, the petitioner contended.

She sought to set aside the elections of Mr. Gandhi and Mr. Eden and conduct fresh elections to these constituencies.