Supreme Court rejects plea, Noida goes to polls today

Election eve

The Supreme Court on Wednesday declined to interfere into Lok Sabha elections in Gautam Budh Nagar (Noida) parliamentary constituency, in view of Congress candidate joining Bharatiya Janata Party (BJP) just seven days before casting of votes on April 10.

A bench of Justices Ranjana P Desai and Madan B Lokur dismissed the petition filed by two Noida residents, who contended that the Election Commission did not consider their representation for adjourning of elections as Congress voters in the constituency would be deprived of a fair choice.

Senior advocate Jitendra Mohan Sharma, appearing for the petitioners Mukesh Yadav and Vikram Singh Kasana, urged the court to postpone the elections in view of peculiar situation since after the lapse of the date for withdrawal of the names from the fray, the Congress candidate Ramesh Chand Tomar switched side to a different political party. 

‘Disqualify him’

He claimed, in case of an elected member, the 10th schedule of the Constitution would have come into play and the member would have been declared as disqualified, likewise candidature in the instant case, as the date for withdrawal of names had passed, should also be rescinded. 

Plea dismissed 

The court, however, seemed not convinced with the argument and dismissed the petition.

The petitioners had claimed Tomar, an official candidate of the Indian National Congress (INC), joined BJP in presence of the party’s prime ministerial candidate Narendra Modi in a rally on April 3 for extraneous reasons.

He campaigned as Congress' official candidate for more than eight days after the expiry of date of withdrawal, they said. 

Then, Tomar renounced his candidature which resulted in denial of Congress party voters of their statutory right. 

This could be treated as sufficient cause to adjourn the polls under Section 57 of the Representation of People Act, they claimed.