SC rejects hear plea to allow filing election petition against losing candidate

The Supreme Court Wednesday refused to entertain a plea seeking directions to reduce the time period for filing of accounts of poll expenses and allow the filing of election petition against the losing candidate also.

A bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph initially summarily dismissed the PIL after taking note of the fact that petitioner, himself a lawyer, was in a robe and assisting his counsel.

"So you are the lawyer and petitioner. And you are in robes. Where is decorum? Your petition should be dismissed on this alone. Dismissed," the bench said tersely.

Moments later, the counsel for Ashwini Upadhyay, lawyer and BJP leader, sought the court's permission to withdraw the plea which was allowed.

The plea has highlighted the "lacuna" in existing laws related to election expenditures, the long pendency of election petitions and its effects on polls.

"Petitioner is filing this writ petition as a PIL under Article 32 to reduce the time period for filing of accounts of election expenses so that more time is available to analyse the accounts of contesting candidates and allow the filing of election petition against the contesting candidate, who has lost the election, but is guilty of corrupt practices under section 123 of Representation of People Act, 1951, as proposed by Election Commission," the plea said.

(With inputs from agencies.)