SC stays order quashing Bihar MP`s election
New Delhi: The Supreme Court on Thursday stayed the decision of the Patna High Court quashing the election of JD-U MP Dinesh Chandra Yadav from the Khagaria Lok Sabha constituency of Bihar in 2009.
Yadav`s election was set aside on February 6 by the high court on the petition filed by CPI leader Satya Narayan Singh who had contended that his nomination for the 2009 general election was rejected by the then returning officer in an improper manner.
"We are granting stay," a bench comprising justices P Sathasivam and J S Khehar said after senior advocate Amrender Sharan and Amit Anand Tiwary mentioned the petition on behalf of Yadav.
The bench said Yadav`s election was set aside not on the grounds of corrupt practice but due to the rejection of the nomination paper of another candidate.
"Here it is a pure question of law," it bench said after Sharan referred to a Constitution Bench judgement of the apex court to buttress that the high court verdict suffers from error.
"In view of the decision of the Constitution Bench of this court and also election of the petitioner (Yadav) was set aside not because of reasons of corruption but the nomination (of another candidate) was wrongly rejected, we accordingly stay the order (of the high court)," the bench said.
It allowed the CPI leader, who had succeeded in the high court, to file response to the JD-U leader`s appeal.
The high court had directed the Election Commission to conduct a by-poll in reasonable time.
Singh had moved the high court in 2009 seeking quashing of Yadav`s election contending that his nomination was rejected by the returning officer illegally on the ground that he had not filled Form 26 properly.
Singh had contended that the returning officer did not grant him an opportunity to rectify the mistakes in Form 26 which would have made him eligible to contest the seat.
Yadav was declared elected to the Lok Sabha from Khagaria parliamentary seat on May 16, 2009.
The high court had set aside the May 11, 2009 order of the returning officer rejecting the nomination of Singh.
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