An opinion article uses Meenakshi Natarajan’s rejected Rajya Sabha nomination to examine whether Form 26 can demand disclosure beyond Section 33-A of the Representation of the People Act and whether Article 329(b) should bar immediate constitutional review of allegedly arbitrary nomination decisions.
The Returning Officer rejected Meenakshi Natarajan’s Rajya Sabha nomination for not disclosing a pending criminal complaint in Form 26.
Parliament inserted Section 33-A into the Representation of the People Act in 2002 after the Association for Democratic Reforms judgment.
Rule 4A of the Conduct of Election Rules requires every candidate to file an affidavit in Form 26 with the nomination papers.
A 2018 amendment made paragraph 5 of Form 26 seek all pending criminal cases, regardless of whether charges had been framed.
The Supreme Court left Natarajan free to challenge the rejection through an election petition under Section 100 of the Representation of the People Act.
Kappan says HC has no jurisdiction over disqualification plea
Pala MLA Mani C. Kappan contested a Kerala High Court disqualification plea, arguing that the Constitution assigns the decision to the Governor after obtaining the Election Commission's opinion and that his individual sentences did not reach the RPA's two-year threshold.
Kerala High Court directs State to ensure adequate facilities at POCSO courts
The Kerala High Court directed the State to bring POCSO special courts into compliance with statutory guidelines, provide suitable infrastructure, disclose the need for additional courts and address the reported shortage of exclusive public prosecutors.
The Kerala High Court found that most special courts established under the POCSO Act lacked adequate facilities.
The Division Bench comprised Chief Justice Soumen Sen and Justice K.V. Jayakumar.
The Supreme Court had directed every district with more than 100 registered POCSO cases to establish special courts.
Union government funding was directed to support the presiding officer, special public prosecutors and court staff.
Judicial Academy programmes for POCSO Special Public Prosecutors were to include law, child psychology, child behaviour and paediatric health.
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Question 1 of 3
Which provision requires every electoral candidate to submit a Form 26 affidavit with the nomination papers?
Answer key
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Q1
Which provision requires every electoral candidate to submit a Form 26 affidavit with the nomination papers?
(A) Rule 4A of the Conduct of Election Rules, 1961
Q2
Under the constitutional mechanism described in Kappan's submission, who decides a sitting MLA's disqualification after obtaining the Election Commission's opinion?
(B) The Governor
Q3
According to the cited Supreme Court directive, what district-level condition required the establishment of special POCSO courts?
(A) More than 100 registered POCSO cases
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