In a significant development, the Supreme Court on Friday issued a stay on the proceedings against the election of Devendra Yadav, a Congress MLA from the Bhilai Nagar constituency in Chhattisgarh. The bench, comprising Justices Surya Kant and N Kotiswar Singh, has also sent notices to BJP leader Prem Prakash Pandey, who is contesting Yadav’s election.
The contention arises from allegations by Pandey that Yadav, during his nomination process, did not accurately disclose certain facts, thereby violating the provisions of the Representation of People Act. Pandey claims that these discrepancies materially impacted the election results and amounted to corrupt practices.
Representing Yadav, Senior Advocate Vivek Tankha and Advocate Sumeer Sodhi argued before the Supreme Court that the Chhattisgarh High Court had erred in its July 5, 2024, decision to dismiss their application which questioned the maintainability of Pandey’s election petition under Order 7 Rule 11 of the Civil Procedure Code.
The apex court’s intervention reflects the ongoing judicial discourse around transparency and the necessity of correct candidate disclosures during elections. This has been underscored by a 2002 Supreme Court verdict affirming voters’ rights to know accurate antecedents, including any criminal history, of candidates contesting elections.
