HC dismisses plea by 11 Independent candidates against nomination rejection

The Delhi High Court Thursday dismissed the plea by 11 Independent candidates against rejection of their nominations for the Assembly polls to be held on February 8, saying any interference by it would tantamount to hampering the election process.

A bench of Chief Justice D N Patel and Justice C Hari Shankar declined to entertain the petition saying an election petition was the "only available remedy".

The order came on the 11 candidates appeal challenging a single judge order dismissing their plea against rejection of their nomination papers by the Returning Officer.

"No error has been committed by the single judge while dismissing the writ petition of the petitioners (11 candidates). The appellants (11 candidates) have the remedy to file an election petition," it said and upheld the January 28 decision of the single judge.

The bench also disagreed with the appellants that claim that their nominations were rejected "arbitrarily and malafidely", saying "cogent and convincing evidence needs to be led to prove this" and such a finding cannot be arrived at based on mere documents and annexures in a writ petition.

"The option is to file an election petition," it again said and added that a "writ petition was not tenable in law" in such matters.

The bench also disagreed with the claim of the appellants, represented by advocate Viplav Sharma, that interference by the court would lead to furtherance of the election process.

"If we interfere at this stage, it will tantamount to interference in the election. In fact interference will tantamount to interfering with progress of the election. We, therefore, see no reason to entertain the appeal. There is no substance in the petition and it is, therefore, dismissed," the court said.