Legal Cases

Legal Cases #28: Kamal Nath in SC against EC, Supreme Court to hear Wayanad election petition, All courts of India are bound by top court judgments

Kamal Nath in SC against EC wants his star campaigner tag back

The Congress leader and the ex-Chief Minister of Madhya Pradesh Kamal Nath has submitted a written request before the Supreme Court, which challenges the Election Commission’s order, rejecting him to be the star of his party, alleging it to be unconstitutional and violating the constitutional and statutory rights of his and the INC. Kamal Nath has challenged the Order of the Election Board on Oct 30, withdrawing her name on the grounds of persistent violations of the Model Code of Conduct and ECI advisories from the list of “star campaigners” for the Indian National Congress.

He submits that the impugned Order is unconstitutional, arbitrary, unfair, in breach of the fundamental canons of natural justice, and a denial of fair play. Furthermore, he was not informed in clear breach of natural injustice standards of the challenged Order.

Supreme Court to hear Wayanad election petition of Saritha Nair, convicted in solar scam

The Supreme Court heard Saritha S. Nair’s appeal against the refusal by the Kerala High Court of her electoral petition that condemned the elections in Wayanad by Congress leader Rahul Gandhi. 

In October last year, Kerala High Court dismissed her election petition, stating that, in compliance with Article 102 of the Constitution of India, the Returning tribunal disqualified her from contesting the elections for the Wayanad Parliamentary electoral district and the Ernakulam parliamentary constituency.

The Returning Officer may deny a candidate’s appointment under Section 8(2) of the Peoples Act if he or she is punished for more than two years in any criminal case. Saritha was sentenced to three years ‘ imprisonment and an Rs 10,000 penalty on her by a court of the first-class magistrate of Perumbavoors. In another case also, the court made Rs 45, lakh fine to Pathanamthitta judicial fist class magistrate. The returning officer declined to apply from the Wayanad Lok Sabha electorate.

All courts of India are bound by top court judgments, reiterates Supreme Court

It was reiterated by the Supreme Court that all Indian courts are bound by decisions of the Supreme Court of India. This statement was made by Justice Bench R. F. Nariman, considering the SLP against the judgement of the Madhya Pradesh High Court, in a matter relating to land acquisition. 

The petition claimed that the High Court of Madhya Pradesh followed the decision of the apex court in the Gurpreet Singh v UOI affair.

  Justice Bench R. F. Nariman adopted this statement in the sense of a consideration of the SLP in a land procurement proceeding against the Madhya Pradesh High Court judgement. 

In the petition, it was submitted that the High Court of Madhya Pradesh violated the decision of the Apex Court in the Gurpreet Singh v UOI case.

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Bengali Legal Cases#28। Kamal Nath in SC। Solar Scam। Top Court Judgments

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