The Supreme Court has taken cognizance of a Special Leave Petition (SLP) filed by Bharatiya Janata Party (BJP) member Sharad Kumar Awasthi. The SLP challenged the order of the Allahabad High Court, which had dismissed Awasthi's election petition in response to an application under Order 7 Rule 11 filed by Samajwadi Party's (SP) Fareed Mahfooz Kidwai.

The Supreme Court bench, consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra, observed that the Allahabad High Court had committed a manifest error by delving into the merits of the election petition under an application for rejection of plaint filed by SP member Kidwai. The order, dictated by CJI Chandrachud, stated, "Senior counsel appearing on behalf of the petitioner submits that the High Court has committed a manifest error of jurisdiction in dismissing the Election Petition on merits at the stage of hearing an application under Order VII Rule 11 of the Code of Civil Procedure 1908. Issue notice, returnable on 9 February 2024."

The dispute dates back to the 2022 State Assembly Elections in Uttar Pradesh, where Awasthi, representing the BJP, and Kidwai, from the SP, vied for the MLA position in the Ramnagar Constituency. Kidwai emerged victorious with 41.96% of the total votes polled, defeating Awasthi, who secured 41.85%. Dissatisfied with the results, Awasthi filed an election petition before the Allahabad High Court.

The High Court, in its order dated October 4, 2023, based its decision on various provisions of the Representation of People's Act, 1951, along with the Conduct of Election Rules, 1961, and supplementary laws governing the elections, such as the Handbook for Returning Officer and Handbook for Counting Agent. The court noted that the polling agents were appointed in accordance with the provisions, and despite the petitioner's request for recounting, no formal request was made by the polling agent in accordance with the law.

The High Court's verdict emphasized that ample opportunities were available for the petitioner's polling agent to raise concerns during the election process, but no such steps were taken. It further stated, "the petitioner never made any inspection in relation to the form 17(C)," indicating that the election was conducted in accordance with statutory provisions and rules.

In response to the Supreme Court's notice, the case is set to return on February 9, 2024.

Case: SHARAD KUMAR AWASTHI vs. FAREED MAHFOOZ KIDWAI,

Petition(s) for Special Leave to Appeal (C) No(s).941/2024.

Click to Read/Download order