HC clips wings of poll Returning Officers

Allahabad, Nov 3 (UNI) The Allahabad High Court today held that the Returning Officer (RO) is only empowered to consider the candidature and accept or reject the nomination of a candidate, but has no power to make declaration of disqualification for a further period.

Passing this order, a division bench comprising Justices B S Chauhan and Dilip Gupta said disqualification is by operation of law and thus quashed that portion of the order of April eight, 2004 by which RO debarred petitioner Angad Yadav from contesting poll for a period of six years from the date of his release on bail in a criminal case.

The court said the RO was only empowered to reject his nomination. Thus, subsequent order barring Yadav from election was without jurisdiction.

A former Uttar Pradesh minister, Yadav was convicted in a murder case under Hazratganj police station, Lucknow. In appeal, he was granted bail.

Later, Yadav filed nomination for contesting the Parliament election, which was rejected by RO vide order of April eight, 2004 in view of his conviction, which was challenged before the court.

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