The strike out hearing in former Prime Minister, Mahendra Chaudhry’s case against the State regarding his application that he is eligible to contest this year’s general election is currently underway before Justice Kamal Kumar.
Solicitor General, Sharvada Sharma has stated in his strike out application that the court does not have the jurisdiction to hear the matter under the constitution.
Solicitor General, Sharvada Sharma outside the court house
He says the constitution is the supreme law of the land and must be enforced by the courts.
Sharma states that the application made by Chaudhry is a challenge against a constitutional provision.
Sharma had earlier highlighted in court that there is no election at this stage as no writ has been issued and Chaudhry’s application is defective and should be struck out.
He told the court that the Electoral Commission, and the Supervisor of Elections have to declare who is eligible to contest the election and their decision is final and cannot be challenged, thus Chaudhry’s application cannot proceed.
Sharma says the only case the High Court has jurisdiction for are the post-election matters.
He adds that if the application is granted it would open the floodgates and every person instead of going to the Supervisor of Elections and the Electoral Commission will come to the court.
Chaudhry’s lawyer Anand Singh told the court that they are not challenging the Electoral Act.
He says their submission is that the provision of the High Court is the fundamental right of the country and the court has the power to deal with the matters before it and the constitution cannot take that away.
Singh further questions whether a citizen has the right to come to court and challenge the constitution if he feels that the constitution is breaching his human right.
Justice Kumar deliver will the judgement on notice.
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