Lok Sabha polls: Jammu & Kashmir High Court dismisses activist's plea against rejection of candidature

The High Court of Jammu and Kashmir and Ladakh recently dismissed a petition by activist, Dr. Abdul Bari Naik who had challenged the rejection of his candidature to contest in the Lok Sabha elections, 2024 [Dr. Abdul Bari Naik vs. Union of India]..Dr. Abdul Bari Naik was in the news after he was booked on charges under the Unlawful Activities (Prevention) Act (UAPA), although the former government college faculty (assistant professor) had reportedly countered that he was being targeted for exposing corruption.He had sought to contest in the upcoming Lok Sabha polls from the Anantnag-Rajouri parliamentary seat, where polling is scheduled to be held on May 7, 2024.However, after his candidature was rejected, he moved the High Court for relief..Justice Sindhu Sharma of the High Court noted that there were limitations to entertaining such cases under Article 329 of the Constitution (bar to interference by courts in electoral matters) and that Dr. Naik had not filed an election petition. As such, the writ petition before the High Court was not maintainable, Justice Sharma held. The Court proceeded to dismiss the plea on merits as well. .The Court was also told that Dr. Naik's candidature was rejected since he was dismissed from government service in 2021. While so, he had failed to submit any certificate from the government to indicate that he was not dismissed for any disloyalty to the State or corruption. The submission of such a certificate is a requirement under Section 9 of the Representation of People Act, 1951 for candidates who had been dismissed from government service in the preceding five years to avoid disqualification.The Court concluded that since Dr. Naik had not secured such a certificate, his writ petition was meritless as well. "There is no merit in the petition also in view of the fact that it is a admitted case of the petitioner that he was dismissed from service and the Lieutenant Governor was satisfied that under sub-clause (c) of the proviso to clause (2) of Article 311of the Constitution of India, in the interest of security of the State, it was not expedient to hold an enquiry in the case of the petitioner", the Court said..Dr. Naik was dismissed from service in 2021, although he has challenged the dismissal before the Central Administrative Tribunal, Srinagar.The Court noted that Dr. Naik was aware that after his dismissal from service, his nomination form would only be accepted if it was accompanied by a certificate under Section 9(2) of the Representation of the Peoples Act.The Court added that it was for this reason that Dr. Naik filed a representation seeking such a certificate from the Election Commission. However, Dr. Naik failed to disclose that this application was rejected, the Court said. .Dr. Naik, meanwhile had argued that the need for a certificate under Section 9 of the Representation of the Peoples Act would only arise after the scrutiny of his nomination papers. As such, he had urged the Court to direct that his candidature be accepted for now. .The Election Commission, however, opposed Dr. Naik's plea and contended that his representation for a Section 9 certificate had been rejected since he was dismissed from government service citing security interests. .After hearing the rival contentions, the Court dismissed Dr. Naik's plea on April 19. ."The writ petition is dismissed both on the grounds of maintainablity as well as on merit," the Court said..Advocate Shah Faisal appeared on behalf of Dr. Naik.Advocate MI Dar represented the Election Commission of India. Senior Additional Advocate General Mohsin Qadri and Government Advocate Jehangir Dar represented other respondent-authorities. .[Read Order]