New Delhi: The Supreme Court will consider the petition moved by Saritha S Nair, an accused in the solar scam, challenging the election of Rahul Gandhi from Wayanad Lok Sabha constituency on Wednesday. A three-member bench headed by Chief Justice SA Bobde will consider hearing the plea challenging the Congress MP.
The petitioner approached the apex court questioning the returning officer’s action of rejecting her nomination to contest from Wayanad in the last Lok Sabha Election. In the petition, Saritha S Nair demanded the court to set aside the election of Rahul Gandhi and conduct fresh elections in Wayanad.
As per section 8 (3) of the Representation of Peoples Act, the returning officer can reject the nomination of a candidate if he or she is punished in any criminal case for more than 2 years. Saritha was convicted in the solar scam and Perumbavoor first class magistrate court sentenced three years imprisonment and a penalty of Rs 10,000 to her.
In another case, Pathanamthitta judicial first class magistrate court awarded Rs 45 lakh fine to her. The returning officer rejected her nomination to contest from Wayanad Lok Sabha constituency.
In the petition, Saritha pointed out that Ernakulam sessions court and the high court stayed the sentences pronounced against her. She argued that as the higher court stayed the punishment, she is eligible to contest as per the Representation of Peoples Act.
In the petition, she noted that returning officer in Amethi Lok Sabha constituency accepted her nomination. Earlier, Kerala High Court rejected Saritha’s plea seeking to set aside Rahul Gandhi’s election in Wayanad.