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“Election Returning Officers across India should mandatorily provide a reasonable opportunity of at least a day to every candidate to cure every defect marked in the election nomination papers”, the plea states
Jawahar Kumar Jha, an Independent Candidate from 27 Banka Parliamentary Constituency, Bihar has moved Supreme Court of India against cancellation of his nomination by the Returning Officer in the ensuing Lok Sabha Elections, 2024.
Jha has termed the cancellation to be arbitrary and illegal. He has thus sought a direction to quash and set aside the Press Release dated April 5, 2024 issued by the Public Relation Office, Banka, vide which his nomination of the Petitioner was arbitrarily rejected.
Filed through AOR Alakh Alok Srivastava, the plea has sought from the Supreme Court to curb the arbitrary and malafide exercise of discretion by the Election Returning Officers across India in rejecting nomination papers of the candidates.
It has been further sought that the term "the defects of substantial character" within the meaning of Section 36 (4) of the Representation of the People Act, 1951 should be specifically defined.
Court has also been asked to declare Jha as a valid candidate for contesting the upcoming parliamentary General Elections 2024 to be held on April 26, 2024 at the Banka 27 Parliamentary Constituency.
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