EC opposes plea against Nitish Kumar
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New Delhi/ Patna, February 28: The Election Commission of India has urged apex court to dismiss the public interest Litigation against Bihar Chief Minister Nitish Kumar. Earlier Manohar Lal Sharma had filed a petition against JD(U) President for “not disclosing” an FIR against him in a murder case in pre-nomination affidavits of Kumar's candidature. He accused the Bihar Chief Minister of hiding “criminal records” while filing election affidavits between 2004 and 2012 polls.
Questioning Sharma’s claims, EC mentioned that the petitioner’s plea was not maintainable as he did not avail of the specific statutory remedy provided under Section 125A of the Representation of People’s Act. As per Section 125 A of Representation of People’s Act, any voter can register a complaint or FIR against the concerned candidate if any discrepancy or falsehood detected in the pre-election affidavit.
The top election body stated that Election Commission of India is not a competent authority to investigate the disclosures made by a particular candidate are true and correct.Commenting on the merits of Sharma’s PIL, ECI noted that no fundamental rights of the petitioner or of the citizens of this country have been violated in any manner and urged the top legal body to dismiss the public interest litigation against the Bihar Chief Minister.