HC rejects Maneka Gandhi's plea against election of SP candidate, says it is time-barred
Lucknow, Aug 14: The Allahabad High Court on Wednesday dismissed former Union minister Maneka Gandhi's plea challenging the election of Samajwadi Party's Ram Bhual Nishad from Sultanpur Lok Sabha seat, stating that the petition is time-barred.
The High Court's Lucknow bench held that the petition was filed after the deadline of 45 days, the statutory period for filing such cases before the HC, and hence the plea cannot be heard on merit.
Justice Rajan Rai gave the verdict on the election petition filed by Maneka Gandhi after reserving the order on August 5 on the maintainability of the petition.
Appearing through video conferencing for Maneka Gandhi, senior Supreme Court advocate Siddharth Luthra had on August 5 stressed before the bench that the plea should be decided on merit because Nishad had deprived the voters of their right to know his full criminal history.
He had argued that the delay in filing the petition should be condoned.
It had been pleaded that 12 criminal cases were pending against Nishad, whereas he had given information about only eight cases in his affidavit.
Turning down the plea of Maneka Gandhi, the court said, "This election petition being time-barred by Section 81 read with Section 86 of the Representation of People Act 1951 and Order VII Rule 11(d) of the Code of Civil Procedure is liable to be dismissed."
Maneka Gandhi, who lost to Nishad by a margin of 43,174 votes, filed the election petition late last month.
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BJP leader Kirit Somaiya declines party appointment, says he was not consulted
Mumbai, Sep 10: BJP leader Kirit Somaiya on Tuesday refused to take up the responsibility as "communication chief with the Election Commission of India for Maharashtra assembly polls", stating that he should have been consulted beforehand.
In a letter to Raosaheb Danve, chairman of the party's state election campaign committee, the former Mumbai MP termed the treatment given to him as 'insulting'.
"It is wrong to appoint me as communication chief with the Election Commission of India for Maharashtra assembly polls without even discussing it with me. I disapprove of it, but you can appoint someone else for that position," read the letter.
"I am not a member of this committee, and I request you and the state president (Chandrashekhar Bawankule) not to treat me such insultingly," Somaiya added.
The letter also touched on a period in the past when the BJP, then in alliance with the Shiv Sena led by Uddhav Thackeray, had to sideline Somaiya as he had targeted the Shiv Sena continually over alleged corruption in the Mumbai civic body. Having won in 2014, he was denied Lok Sabha ticket in 2019, as well as in 2024.
"I have been working as a humble party worker since February 18, 2019, when BJP leaders directed me to leave the joint press conference because of Uddhav Thackeray's insistence. I took the responsibility of exposing various corrupt practices of the then Uddhav Thackeray government and also survived three near-fatal attacks, but I did my duty," he said.
"I am satisfied with the affection I have received from you during these last five and a half years. I will continue to work for the party in the upcoming assembly elections," Somaiya added.
The former Mumbai MP later also posted a message on X, saying, "I thank BJP Maharashtra for appointing me as Member of Campaign Committee and expressed Regrets and inability to do the same. I am still an active and ordinary member of the BJP and will continue to do so, but I will not join the committee."
When asked for comment, state BJP chief Bawankule said, "Somaiya is our senior leader. It is a rule in the BJP that we do not ask anyone, we delegate responsibilities. The party did not discuss with me whether I wanted to become state chief or not. I was made state chief directly."
I thank BJP Maharashtra for appointing Me as Member of Campaign Committee & Expressed REGRET & Inability to do the same
— Kirit Somaiya (@KiritSomaiya) September 10, 2024
I wrote @cbawankule that for last 5 & 1/2 years (since 18/2/2019) I am doing BJP work as ORDINARY Member & Continue the same & will NOT join Campaign Comitee
