MUMBAI, AUG 27: A division bench of Justice N J Pandya and Justice R J Kochar today rejected a petition filed by a BJP candidate from Ulhasnagar that sought to challenge TADA detenu Pappu Kalani's candidature as an Independent for the forthcoming Assembly elections.BJP candidate Sitaldas Harchandani, who has filed his nomination from Ulhasnagar, had moved the court seeking directions that the returning officer, B L Giri, should reject Kalani's nomination papers. He contended that his application could not be considered since Kalani is behind bars, had no right to vote and as such under Section 62 (5) of the Representation of People's Act, 1951, had no right to stand for elections.
The objections had been raised after the nomination form had been submitted before Giri as well, on August 25, when the latter had rejected the contentions holding that the objections could not be applicable to Kalani.
Additional Solicitor General, D Y Chandrachud, had also contended today that though Kalani was behind bars,under preventive detention, he had a right to vote though the same was not possible since he was behind bars. He also added that Kalani's name was present in the voting list of the area.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.