EC rejects Sangma's plea against Pranab

Says only SC shall resolve disputes on Prez office

EC rejects Sangma's plea against Pranab

Citing constitutional and legal provisions, the Election Commission on Tuesday rejected complaints against Pranab Mukherjee’s nomination for the Presidential elections by P A Sangma’s camp, saying that the petition is not maintainable before it.

It observed that only the supreme Court shall resolve disputes concerning the country’s highest office, rejecting  the July 9 complaint filed jointly by Janata Party chief Subramanian Swamy, Sangma's legal adviser Satpal Jain and his poll manager Bhartruhari Mahtab against the returning officer for accepting Mukherjee’s nomination papers, despite their objections on the ground that he allegedly occupied office of profit.

Citing clause (1) of Article 71 of the Constitution which stated “all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final” the poll body said the petition is not maintainable before it.

"As per the above-mentioned Constitutional and legal provisions, your petition dated 9th July, 2012, is not maintainable before the Election Commission," the Election Commission order said.
The order further asserted that "all doubts and disputes arising out of or in connection with an election to the Office of the President shall be inquired into and decided by the Hon'ble Supreme Court."

Jain, who is Sangma’s legal adviser, reacted to the order saying that  a decision on further course of action –including that of approaching the Apex Court-- will be taken soon.

"The EC has not rejected our petition on merits. It has decided on the basis of jurisdiction. The legal team of P A Sangma will be meeting tomorrow at his residence and the campaign committee of Sangma will be meeting a day after and then, we will take a final decision on further course of action," Jain said.

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