Recently, the Allahabad High Court reserved its decision on the maintainability of former BJP MP Maneka Gandhi's petition challenging the election of Samajwadi Party's Rambhual Nishad in the recent 2024 Sultanpur Lok Sabha elections.
The bench, presided over by Justice Rajan Roy, reserved the order following arguments from both parties.
According to the office report, Mrs. Gandhi's Election Petition was filed after the deadline specified in Section 81 of the Representation of People Act, 1951. However, her counsel argued that the delay should be excused because they were not aware of the criminal background of the SP leader, and therefore, the petition was delayed.
Representing Mrs. Gandhi, Senior Advocate Siddharth Luthra, along with Advocates Prashant Singh Atal, Amit Jaiswal, Dr. Pooja Singh, and Vijay Vikram Singh, contended via video conferencing that the delay should be condoned and the petition evaluated on its merits, citing various legal precedents.
Mrs. Gandhi's petition alleges that SP leader Rambhual Nishad did not fully disclose his criminal record in his nomination affidavit, listing only eight cases instead of twelve. Specifically, the plea asserts that he failed to mention two cases from Pipraich police station and three from Bardhalganj police station in Gorakhpur district.
The petition seeks to have Mr. Nishad's election declared void and for Mrs. Gandhi to be declared the winner. Nishad, a former minister from Gorakhpur, defeated Gandhi in the Sultanpur constituency in the recent Lok Sabha elections by over 43,000 votes.
**Case Title:** Maneka Sanjay Gandhi v. Rambhual Nishad And Others
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