Solar scam convict Saritha Nair had earlier approached the Kerala High Court for the same, but the petition was dismissed.

Saritha wearing an orange and yellow Sari and holding a file can be seen next to a car and a few men in the background who are standing in a queue
news Court Monday, November 02, 2020 - 14:54

Solar scam convict Saritha S Nair’s plea challenging the election of Congress leader Rahul Gandhi in the Wayanad Lok Sabha constituency was dismissed by the Supreme Court on Monday. She had moved the apex court against the order of the Kerala High Court in October last year, dismissing the same petition.

A bench comprising Chief Justice S A Bobde and Justices AS Bopanna and V Ramasubramanian initially passed over the matter as none appeared on behalf of Saritha. Later, in a hearing conducted through video conferencing, the bench dismissed her appeal against the Kerala High Court order.

The top court had on June 10 had taken note of the plea of Saritha’s lawyer for adjournment and had deferred the hearing for November 2.

The Kerala High Court had dismissed her election petitions challenging the Lok Sabha polls in Wayanad as well as Ernakulam.

Saritha’s nomination papers for contesting Lok Sabha polls from Wayanad and Ernakulam Lok Sabha seats were rejected by the returning officers in 2019 on account of her conviction and sentencing in two criminal cases related to the solar scam in the state.

The Kerala High Court had not allowed her pleas challenging the polls in both Lok Sabha seats and said that her nomination papers were rejected as the conviction in the two criminal cases were not suspended.

It held that only the sentences in the cases were suspended by the appellate court.

The high court said it was clear from the relief sought in the appeal petition that Saritha had only sought suspension of the sentence and not suspension of conviction.

Her nomination papers were rejected under Section 8(3) of the Representation of People Act, 1951 which prescribed for disqualification on account of conviction and sentencing in a criminal case.

Former Congress president Rahul Gandhi won Kerala's Wayanad seat -- the second seat he contested in the 2019 polls -- with a record margin of 431,770 votes.

(With PTI input)