SC dismisses plea challenging Rahul Gandhi’s 2019 election to Wayanad seat

The Supreme Court on Saturday dismissed a petition challenging the election of Congress leader Rahul Gandhi to Kerala’s Wayanad Lok Sabha constituency in 2019.

The petition was filed by Saritha S Nair, who had moved the apex court against an October 31, 2019 decision of the Kerala High Court. She had filed the case after the respective returning officers rejected her nomination papers for contesting the Lok Sabha polls from Wayanad and Ernakulam in 2019 because of her conviction and sentencing in two criminal cases.

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Nair’s nomination papers were rejected under Section 8(3) of the Representation of People Act, 1951, stipulating disqualification on account of conviction and sentencing in a criminal case.

“Conviction not suspended”

The high court had dismissed Nair’s plea, saying her nomination papers were rejected as the conviction in the two criminal cases were not suspended. An appellate court had only suspended the sentences in the cases. The high court said it was clear from the appeal petition that Nair had only sought suspension of the sentence and not suspension of conviction.

Earlier, on November 2, 2020, the top court had rejected Nair’s plea challenging Gandhi’s election for non-prosecution. The matter was then heard by a three-judge bench headed by the then Chief Justice of India, SA Bobde. “Even on second call, no one was connected through video conferencing. The special leave petition is dismissed for non-prosecution,” the apex court had said.

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Later, Nair filed an application in the apex court, seeking the restoration of the plea. When the matter came up for hearing before the court on Friday, the bench of justices A S Bopanna and Dipankar Datta allowed the application for restoration.

Apex court’s order

“The special leave petition is restored to its original number. Having heard counsel for the petitioner on merits, we see no reason to interfere with the impugned order. The special leave petition is, accordingly, dismissed,” the bench said in its order.

Thus, her election petition challenging the Lok Sabha polls in Wayanad and Ernakulam were accordingly dismissed.

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Gandhi won the Wayanad seat — the second one he contested in the 2019 polls — with a record margin of 4,31,770 votes. His nearest rival, PP Suneer of the Communist Party of India, secured 2,74,597 votes, while Gandhi got 7,06,367 votes.

(With agency inputs)