“What would have happened had the matter not come before the court? The nomination filed from abroad would have been considered valid in that case,” observed the single-judge bench of Justice Amrita Sinha.
On June 22, CPI(M) had filed a petition alleging that Trinamool candidate from Kumarjole in North 24 Parganas district, Moinuddin Gazi, was in Saudi Arabia during the nomination phase. However, his nomination was accepted by the local block development office, raising questions as to how could a candidate file his nomination from abroad, when his personal presence is mandatory at the time of the filing process.
Later his nomination was cancelled. Gazi is supposed to return to India from Saudi Arabia on July 16, when both the polling (July 8) and counting (July 11) for the rural civic body polls would be over. Disciplinary action has also been initiated in the matter against the concerned returning officer.
While hearing the matter on Tuesday, Justice Sinha maintained that such cases raise serious questions about the role played by the SEC.
She also directed that all the documents relating to Gazi’s nomination should be preserved so that proceedings can be initiated against him after his return to the country.
“This is an orchestrated offence and needs thorough investigation. In the next hearing, direction will be given as to which agency will probe the matter,” Justice Sinha said, as she listed the matter for next hearing on July 19.
–IANS
src/arm