LS candidate admitted as Independent moves HC
Posted on Mar 29 2014 | IANS
New Delhi, March 28 : The Delhi High Court Friday agreed to hear a plea by an advocate who filed his nomination to contest the Lok Sabha election from the Bhartiya Janta Dal (Integrated) party, but his papers were admitted as an Independent candidate.
Advocate Dan Bahadur Yadav told the court he filed his candidature from the Bhartiya Janta Dal-Integrated to contest the election from Delhi North East seat but the returning officer admitted his form as an Independent candidate as he did not fill a document.
A division bench of Acting Chief Justice B.D. Ahmed and Justice Siddharth Mridul posted the matter for Monday.
The plea sought direction to the Election Commission to give an opportunity to Yadav to remove the technical fault and accept him as a candidate of the Bhartiya Janta Dal-Integrated.
The petition said that Yadav filed his nomination papers March 19, and on March 21 he approached the returning officer asking whether his documents were complete.
The official told Yadav his nomination papers were complete and there was no requirement for any other document, the plea said.
However, on March 24 without issuing any notice of technical fault and without providing any opportunity, the nomination papers admitted him as an Independent candidate, he said.
The petition said the returning officer provided opportunities to other candidates to remove technical faults and also issued notice to remove the same, but he was neither issued notice nor provided any opportunity despite requests.
Even the officials misguided him that the form was compete.