07 May 2024 Elections Law >> Constitution & Law Procedure  

In a recent judgment, the Bombay High Court has ruled in favor of Lok Sabha candidate Charanjeet Singh Chanderpal, allowing him to rectify defects in his nomination form that had earlier been rejected by the Election Returning Officer (ERO).

The case involved Chanderpal's nomination for the 30 Mumbai South - Central Lok Sabha constituency. The ERO had disqualified his nomination due to incompleteness in the form. Chanderpal challenged this decision in the High Court, arguing that he was verbally informed about minor errors and assured time to fix them.

The Court, presided over by Justices A.S. Chandurkar and Jitendra Jain, found merit in Chanderpal's argument. They deemed the ERO's order of rejection disproportionate, considering the easily rectifiable nature of the defects. Additionally, the Court pointed out that the ERO's verbal assurance misled Chanderpal.

This decision by the Bombay High Court is significant as it emphasizes the importance of providing candidates a fair chance to address minor flaws in their nomination forms. The Court's reasoning highlights the need for a balanced approach, ensuring elections are contested on merit while upholding procedural requirements.

The judgment is likely to have a ripple effect on future election disputes concerning nomination rejections. It underscores the right of candidates to rectify technical errors, provided they are not deliberate or substantial attempts to subvert the nomination process.

  Representation of People (Second Amendment) Act, 1965    Constitution of India, 1950