Sitai bypoll: HC quashes PIL against TMC candidate’s nomination

Kolkata: The Calcutta High Court (HC) on Monday dismissed a Public Interest Litigation (PIL) seeking the cancellation of the nomination of the Trinamool Congress (TMC) candidate for the Sitai Assembly by-election.

Sitai, a Scheduled Caste (SC) seat, has TMC candidate Sangeeta Roy contesting. Opposition party candidates accused Roy of suppressing facts in her nomination papers related to her husband and alleged that she does not belong to a SC community. On November 2, the Left and Congress approached the Election Commission of India (ECI) with these allegations against the TMC candidate seeking cancellation of her nomination.

However, no action based on the complaint was taken by the commission. Subsequently, a PIL was filed in the Calcutta HC. After hearing the matter on Monday, the Division Bench of Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya refused to intervene and dismissed the case.

The court stated: “Once the election process has begun, the question of interdicting the electoral process by way of a writ petition filed under Article 226, also by way of a public interest litigation, cannot be entertained.

If at all a person is aggrieved by the validity of the nomination of any candidate, who offered himself or herself for the elections, the only remedy is by way of an election petition.”