Institute of Legal and Management Studies

The Supreme Court yesterday refused to entertain the plea by RJD (reserved category) candidate Sweta Suman challenging her rejection of nomination for the Bihar State Assembly elections.

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the challenge to the Patna High Court order.

The Patna High Court on November 4 refused to entertain the writ petition filed by Suman. The High Court Judge, Justice A Abhishek Reddy cited the specific bar under Article 329(b) of the Constitution of India and the availability of alternate remedies to the candidates.

Article 329(b) states no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.

Her nomination has been cancelled because her Scheduled Caste certificate was considered invalid. Notably, Suman has been living in Kaimur district, Bihar, for the past 20 years. Suman was contesting under the Scheduled Caste category from the Mohania (Reserved) constituency in Kaimur district.

The counsel for Suman stated : "My nomination is cancelled by the returning officer due to the objection raised by the BJP candidate."

The Election Officer at the time of scrutiny rejected her nomination on the ground that the Caste Certificate may not be genuine as per the report of the Circle Officer, Durgawati.

The counsel also submitted that one of the office bearers of BJP himself appeared on behalf of the BJP candidate before the High Court. He argued that the reasons cited for cancellation were not valid grounds under S. 36 of the Representation of the People's Act.

S.36 provides the grounds on which a nomination upon scrutiny can be rejected by the Returning Officer.

The CJI, disinclined to entertain the matter, advised "file an election petition."

The bench subsequently allowed the counsel to withdraw the plea.

"Liberty granted to take steps as per law," CJI observed.

Case Details : SWETA SUMAN vs. THE ELECTION COMMISSION OF INDIA| SLP(C) No. 032046 - / 2025

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