New Delhi: The Delhi High Court on Tuesday (Jnauary 28) dismissed as not maintainable two pleas, filed by several independent candidates, challenging rejection of their nomination for contesting polls in the upcoming Delhi Assembly elections.
Justice Sanjeev Sachdeva said that under the Representation of People Act only an election petition was permissible and it would have to be filed after results were declared.
The court said the law laid down by the Parliament, and subsequently upheld by the Supreme Court, was clear that only an election petition was permissible and therefore, it "has to be respected".
It said that the apex court had also held that right to contest in an election was "not a civil right but a creature of statute".
A third petition filed by another candidate whose nomination was rejected was dismissed as withdrawn after the lawyer for that petitioner said he wishes to withdraw the plea and file an election petition.
