MP HC dismisses Congress substitute candidate’s petition to contest from Indore

Bhopal: In a major setback to the Congress party, a division bench of the Madhya Pradesh Indore high court dismissed the petition of a Congress substitute candidate, Moti Singh, filed against rejection of his candidature from Indore.  (Representative Photo) Singh on April 30 filed a petition to a single bench to accept his nomination after Akshay Kanti Bam withdrew his name as the Congress candidate, but it was rejected following which he approached the division bench.  Unlock exclusive access to the latest news on India’s general elections, only on the HT App. Download Now! Download Now! The Congress candidate from Indore, Bam, withdrew his nomination and joined the opposition Bharatiya Janata Party (BJP) on April 29. The division bench of judges SA Dharmaadhikari and Gajendra Singh upheld the single bench’s decision, saying, “Considering the peculiar facts and circumstances of the case and in the light of the principles laid down in the case of Election Commission of India (supra) and Manda Jagannath (supra), we find force in the submissions made the learned counsel for the respondents (Drict adminration of Indore and Election Commission of India). When the impugned order is tested, we do not perceive any error therein.”  Also Read: Indore Congress candidate Akshay Kanti Bam withdraws nomination, joins BJP Singh had submitted his nomination form with an affidavit in the prescribed format as required under the Conduct of Election Rules, 1961 (hereinafter referred to as ‘Rules of 1961’) along with Bam. Bam was declared as the ‘approved candidate’ and Singh as the ‘substitute candidate’ issuing Form-B in the prescribed form as mentioned under the Order of 1968.  In the scrutiny of the nomination forms on April 26, the returning officer of Indore rejected Singh’s form on the ground that he was only a ‘substitute candidate’ and Bam had been declared as an ‘approved candidate’. On April 29, Bam being an approved candidate, withdrew his nomination form to contest the parliamentary elections. As a result, Singh immediately submitted a representation to declare him as the ‘approved candidate’ and allotment of the official symbol of the Congress party, however, the same was not considered.  In the petition, Singh said he was deprived of his legal rights.  His advocate Vibhor Khandelwal argued the writ petition was filed seeking relief that, the instant writ petition may kindly be allowed.  “It is a crystal clear mandate of Section 33(1) of the Act of 1951 that a candidate set up a recognised political party can submit his nomination form only with one signature i.e. an elector of the constituency as proposer,” said the advocate. He added, “Therefore, the action of the returning officer rejecting his nomination on April 26 may be correct since at that time the petitioner was not an approved candidate of the INC (Indian National Congress) as also his form was not signed 10 proposers, but in view of the Proviso to sub Section (5) of Section 36 of the Act of 1951, the returning officer ought to have given a day’s time to the appellant to get signatures of 10 proposers and examine the nomination form next day,” Khandelwal argued.  In the order, the court said, “Moti Singh did not challenge the rejection of nomination at any point in time. Moreover, the directions contained in the Handbook, 2023, and the Order 1968, are not put to challenge the appellant in the writ petition. Therefore, the contention of learned counsel for the appellant that the statutory provisions would have the overriding effect and the Handbook, 2023 and the Order, 1968 cannot be countenanced.”  The court observed that the learned single judge had rightly passed the impugned order and no interference was warranted.  Singh said he would move the Supreme Court against the high court’s order.  Indore will go to polls in the fourth phase of the ongoing Lok Sabha election on May 13.