Kerala HC nixes PIL against Union Minister Rajeev Chandrasekhar’s poll affidavit

The Kerala High Court on Tuesday rejected a public interest litigation (PIL) which alleged that Union Minister Rajeev Chandrasekhar had filed false affidavit in his nomination form.

Chandrasekhar, the BJP-led NDA’s candidate for the Thiruvananthapuram Lok Sabha seat, is pitted against sitting Congress MP Shashi Tharoor.

The Court dismissed the petition after the Election Commission pointed out that once the nomination of a candidate is accepted by the returning officer, any person if they have any problem with the nomination is to file an election petition before the High Court and not a PIL.

“As rightly contended by counsel for Election Commission of India, the remedy of the petitioner, if aggrieved by the acceptance of the affidavit filed by one of the candidates is to challenge the same in an election petition,” the Court said in its order.

“Where is the statutory provision that says that a reasoned order must be given by the returning officer on complaints given to them,” the Court asked the petitioners.

When the counsel for the petitioner asked whether his client was entitled to know what action was taken on the complaint, the Court pointed out, “That stage is over. Whether or not it was right of the returning officer to not give you a reasoned order, we cannot decide now. We cannot find a statutory provision also.”

Petitioners Avani Bansal and Renjith Thomas alleged that Union Minister Chandrasekhar deliberately omitted his assets including his properties, luxury cars and private jets and also grossly undervalued his shares in various companies.

Kerala is slated to go to polls on April 26.