Jharkhand HC rejects petition challenging Nathwani’s election

The high court of Jharkhand today dismissed a petition challenging election of Mr. Parimal Nathwani to rajya sabha. The high court bench consisted of Honorable Justice Mr. DK Sinha passed a judgment on the petition No. EP 1/2008. Giving the verdict the honorable justice Mr. Sinha said: ‘The petition dismissed. IA (interlocutory applications) allowed’.

The petition was filed by Mr. Kishor Lal who was one of the candidates along with Mr. RK Anand who faced defeat against Mr. Nathwani in election to rajya sabha from Jharkhand in March 2008.

The petition EP01/2008 challenged the election on the ground of postal address of Mr. Nathwani. As per electoral roll No. 51/179, Mr. Nathwani belonged to Khambhalia assembly constituency in Gujarat but the nomination papers showed Ranchi address; the petitioner argued. He also submitted in support of his plea a certificate issued by the Mamlatdar (i.e. Tehsildar), Khambalia to the effect that the returned candidate was an elector of Khambalia assembly constituency.

The omission to mention the name of the constituency (Jharkhand Legislative Assembly Constituency) in the nomination paper by the returned candidate vitiated the presentation of the nomination paper and acceptance of the same; the petitioner pledged further.

The petitioner also submitted that the age of the returned candidate was 52 years as per the disclosed date of birth but in the electoral roll it was shown 55 years. Another ground raised in the petition was that the returned candidate took his oath before the returning officer simultaneously with the presentation of the nomination paper. The petition also contended that the name of the returned candidate in the nomination paper was shown as ‘Parimal Nathwani’ but in the certificate issued by the Assistant Electoral Registration Officer it appeared as ‘Nathwani Parimal Dhirajlal’.

The court did not accept any of the contentions of the petition and thus upheld the Jharkhand legislators’ choice of Mr. Parimal Nathwani to rajya sabha from the State. Advocate Anil Kumar represented Mr. Nathwani whereas Mr. H.K.Lal was the petitioner’s advocate.