SC junks EC order revoking Kamal Nath’s star campaigner status for MP bypolls

In a relief to Kamal Nath, the Supreme Court on Monday pulled up the Election Commission and stayed its order of withdrawing star campaigner status of the former Chief Minister and senior Congress leader.

Senior advocate Rakesh Dwivedi, representing the Election Commission, submitted before a bench headed by Chief Justice S.A. Bobde that the matter has become infructuous as the campaigning has already ended and the bypolls are due on November 3.

Senior advocate Kapil Sibal, representing Kamal Nath, opposed the arguments made by Dwivedi. "No notice was issued to us and this was arbitrary," said Sibal

Pulling up the Election Commission, the Chief Justice said: "We are staying your order."

The Chief Justice asked the poll panel, who gave it the power to delist a candidate from being a star campaigner or a leader of the party under Section 77 of the Representation of People's Act?

Dwivedi submitted, "We will file a reply."

The top court reiterated, where the Election Commission has drawn the power to pass such orders even as the poll body stated that the matter is remediless since campaigns are over.

The bench told the poll body to file a reply and added that until then its order remained stayed.

On October 31, former Madhya Pradesh Chief Minister Kamal Nath moved the Supreme Court against the Election Commission (EC) order to cancel the senior Congress leader's star campaigner status for violating the model code of conduct (MCC) while campaigning for the bypolls in 28 Legislative Assembly constituencies slated in November.

How can you determine who is their leader? It's their power not EC's power, the bench asked EC's counsel.

Dwivedi said, We have acted under the model code of conduct and moreover, now the matter is infructuous .

It does not matter whether the matter is infructuous or not. We will determine that from where do you get power, the bench said.

When Dwivedi said if the court is to determine this aspect then EC's order not be stayed, the bench said, No, we are staying it.

Nath, who is currently the president of Madhya Pradesh Congress Committee, has said in his plea that the EC has passed the order without any notice or hearing him based on a complaint by the BJP against a speech delivered on October 13.

"It is submitted that the impugned order (of EC) is illegal, arbitrary, unreasoned, passed in complete violation of basic canons of natural justice and in negation of fair play and therefore, deserves to be quashed.

"Further, no notice has been issued to the petitioner (Nath) with regard to the impugned order in complete violation of principles of natural injustice," said the plea, filed through advocate-on-record Varun Chopra.

Kamal Nath's remarks against BJP leader Imarti Devi, calling her an 'item' had sparked a controversy leading to the suit.

Kamal Nath has contended that the EC passed its order without any notice or hearing to him in the matter, which completely violated the principles of natural justice. His plea submitted that the EC order was illegal, arbitrary, unreasoned, passed in complete violation of basic canons of natural justice and in negation of fair play and therefore, deserved to be quashed.

with agency inputs