RO can?t debar candidate from future election: HC

THE ALLAHABAD High Court has held that the Returning Officer (RO) is only empowered to consider the candidature and accept or reject the nomination of a candidate. However, he had no power to make a declaration regarding the disqualification of a candidate for further period, the court added.

THE ALLAHABAD High Court has held that the Returning Officer (RO) is only empowered to consider the candidature and accept or reject the nomination of a candidate. However, he had no power to make a declaration regarding the disqualification of a candidate for further period, the court added.

HT Image

Passing the above order, a Division Bench comprising Justice Dr BS Chauhan and Justice Dilip Gupta said that disqualification is by operation of law. Therefore, they quashed that portion of the order dated April 8, 2004 by which RO had debarred the petitioner Angad Yadav from contesting election for a period of six years from the date of his release on bail in a criminal case.

The court said RO was only empowered to reject his nomination, thus subsequent order debarring the candidate from future election was without jurisdiction. As per facts, the petitioner Angad Yadav, ex-Minister from UP, was convicted in a murder case by the judgment dated Nov 17, 2000. The incident had taken place in Lucknow.

In an appeal, he was granted bail by the court. Later, he filed his nomination paper for contesting Lok Sabha election in 2004. His nomination paper was rejected by the RO by order dated April 8, 2004 in view of his conviction by the court. In this order, the RO further held that Angad was debarred from contesting future election for a further period of six years from the date of his release on bail in the criminal appeal. Hence, Angad filed the present writ petition (No. 18187 of 2004) challenging the order of RO.