SC Adjourns Maneka Gandhi’s Plea Against SP’s Nishad Till Sep 30

GG News Bureau
New Delhi, 20th Sept. The Supreme Court on Friday adjourned former Union minister Maneka Gandhi’s plea challenging the election of Samajwadi Party’s Ram Bhual Nishad from the Sultanpur Lok Sabha seat until September 30. Gandhi lost to Nishad by 43,174 votes in the 2024 elections.

A bench comprising Justices Surya Kant and Ujjal Bhuyan granted senior advocate Siddharth Luthra time to file a detailed submission regarding the provision of limitation in special statutes. Gandhi is contesting the 45-day limit imposed for filing an election petition, which she argues is too restrictive.

The bench noted the legislative intent behind the limitation, stating it was designed to prevent uncertainty regarding the election results. It also highlighted that the Limitation Act does not apply to special statutes like the Representation of the People Act.

Luthra requested additional time to present judgments where limitations have been relaxed in special statutes. The court emphasized the need to consider how legislative limitations have evolved over time.

Gandhi is appealing an August 14 order from the Allahabad High Court that dismissed her election petition against Nishad as time-barred. The high court ruled that the petition was filed beyond the 45-day statutory period, thus cannot be heard on merit.

In her argument, Gandhi claimed that Nishad had not disclosed his complete criminal history, noting that he had 12 pending criminal cases but only mentioned eight in his affidavit. The high court had previously stated that her petition was liable to be dismissed under the relevant sections of the Representation of the People Act.