IMPORTANT: Dear Mr
@N_RamchanderRao do read section 33 A of the Rep of People Act. Section 33A deals with disclosure of criminal antecedents by a candidate. Broadly, a candidate is required to disclose information where he or she is accused of an offence punishable with imprisonment of two years or more and where charges have been framed by a competent court, or where the candidate has been convicted and sentenced to imprisonment of one year or more. None of these conditions exist in the Meenakshi Natarajan case. In fact, Hyderabad court refused to take cognisance of the case today, albeit on procedural grounds but there is no prima facie case made out against Ms Natarajan either in this private complaint . Far from it in fact with no FIR also filed naming her.
As for the returning officer, he is not expected to act in a mechanical manner. Please read para 6 (6):
Para 6(6) says there is a presumption that every nomination paper is valid unless the contrary is prima facie obvious or has been made out. In case of a reasonable doubt as to the validity of a nomination paper, the benefit of such doubt must go to the candidate concerned. Please also read Para 10(12) that says that where the prescribed affidavit has not been filled at all, or where the affidavit has been filed but is found or considered defective or containing false information, the nomination should not be rejected on that ground alone. Clearly this means that the candidate must be given a fair chance to explain if at all any defect is found.
Net net: it is apparent that the case was decided in an arbitary manner and justice should be done to avoid such rulings that diminish public faith in the election process.
I am sorry to turn to my original profession of a lawyer here with this lengthy response . I have no skin in this political game , have never even met Ms Natarajan but will speak out when there is a blatant miscarriage of justice . I sure hope the day doesn’t come when a nomination is rejected for a non disclosure of a parking offence next. Indian democracy deserves better 🙏