Kerala HC refuses to interfere in EC decision to reject nomination papers

The HC agreed to the contention of the Election Commission that it cannot intervene after the poll notification was issued.

The Kerala High Court on Monday rejected the plea of three candidates of the BJP-led National Democratic Alliance (NDA), questioning rejection of their nomination papers by election officials two days ago. The HC agreed to the contention of the Election Commission that it cannot intervene after the poll notification was issued.

"Being a Maoist is of no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations," the Kerala High Court said in its ruling. PTI file photo

Papers of three NDA candidates from Thalasserry, Guruvayur and Devikulam were rejected by poll officers on the last day of the scrutiny on Friday after they failed to carry their respective national president’s signature and other details. In Thalasserry and Guruvayur the form A, in which the party national president authorizes the party state leaders to allocate the symbol, lacked the signature of the president, EC officials said while rejecting their papers.

In Devikulam in Idukki district, papers of an AIADMK (an ally of the NDA) candidate was rejected for alleged defects in Form 26, an affidavit submitted by the candidate. But the BJP alleged extraneous considerations and moved the court. The latest move has invited enough embarrassment to the NDA which will go to the poll without candidates in three constituencies.

The Election Commission has questioned the maintainability of the petitions citing Article 359B of the constitution and argued that matter can be moved through an election petition and that too after the elections. The single bench of the court, headed by Justice N Nagaresh, later upheld its contention.

Counsel for Thalasserry candidate, N Haridas, later said different yardsticks were applied by returning officers at different places. He pointed out that at many places, such lapses occurred and returning officers asked respective candidates to correct them but here no such opportunity was given.

The ruling Communist Party of India (Marxist) said these lapses were deliberate and it was a drama enacted by the BJP and the Congress. “Even a school student won’t commit such errors. Now BJP votes will be transferred to Congress candidates and in return, the party will do some favours to the saffron party,” said CPI(M) Kannur district secretary MV Jayarajan. The BJP said it will seek legal opinion to redress its complaints.