# Congress to Take Meenakshi Natarajan's Rejected Nomination to High Court: Here's How an Election Petition Actually Works

> After Congress candidate Meenakshi Natarajan's Rajya Sabha nomination was rejected, the party will file an election petition in the Madhya Pradesh High Court within 45 days. Here is what an election petition is, who can file one, the time limits and the full legal process.

**Category:** Politics · **Published:** 2026-06-13 · **Source:** TrendKia
**Canonical:** https://trendkia.com/en/politics/namankana-radda-hone-para-kangresa-ka-agala-kadama-minakshi-natarajana-ke-lie-ha-461

## What sparked the dispute
A legal tussle over the Rajya Sabha election is in the spotlight in Bhopal. The nomination of Congress candidate Meenakshi Natarajan was rejected, and as a result the BJP candidates went on to be elected unopposed. Congress first approached the Supreme Court to challenge that decision directly, but instead of entertaining the writ petition the top court pointed the party towards filing an election petition in the High Court. In other words, the matter is now being steered onto the exact track the law lays out for electoral disputes.

## What Congress is objecting to
The party plans not only to challenge the order rejecting its candidate's nomination, but also to contest the BJP candidates being declared elected unopposed. Congress spokesperson Bhupendra Gupta argues that the rejection is no longer a mere technicality — it has now become a constitutional question.

His first contention is that the nomination was thrown out on the basis of a single photocopy, even though the Returning Officer had no authority to do so. According to him, the officer could at most have forwarded a recommendation to the Commission, leaving the final call to the Commission — but that never happened. His second contention is that a case which was not even pending in any court was made the ground for rejecting the nomination. Gupta says Congress is now prepared to take both these points not just to the courts but also to the court of public opinion.

## So what exactly is an election petition
Congress will file the election petition in the High Court within 45 days. An election petition is the legal instrument in India's electoral system through which the result of an election — or any election-related dispute such as a rejected nomination, corruption or misconduct — can be formally challenged. It is filed under the Representation of the People Act, 1951.

## What the Constitution and the law say
Legal experts point out that Article 329 of the Constitution makes it clear that an election to Parliament or a state legislature can be challenged only through an election petition. The courts cannot intervene mid-way through the election process by way of an ordinary writ petition. The relevant provisions are laid down in Sections 80 to 100 of the RPA 1951. In such matters the High Court enjoys Original Jurisdiction. Except for certain special cases — such as the election of the President or Vice-President — the petition cannot be filed directly in the Supreme Court.

## Who is allowed to file
The right to file an election petition rests with a limited set of people:

- Any candidate who actually contested that election.
- Any elector — that is, a person who was entitled to vote in that election, regardless of whether or not they actually cast their vote.
- A political party may also file a petition through its candidate.

## The time limit for filing
The petition has to be filed within 45 days from the date the election result is declared. Notably, even in cases involving the rejection of a nomination or other pre-election issues, the petition is usually filed only after the result has been declared. If the deadline passes, the petition can be dismissed on that ground alone. In the Meenakshi Natarajan case, this is precisely why the Supreme Court dismissed the writ petition challenging the rejection and advised filing an election petition in the Madhya Pradesh High Court — the election process was already complete, with the BJP candidates having been elected unopposed.

## Where and before whom it is heard
An election petition is filed in the High Court of the relevant state. There, the Chief Justice appoints one or more judges to hear it, and ordinarily a single-judge bench conducts the hearing.

## The grounds on which it can be fought
Under Sections 100 and 101, an election petition can mainly be filed on the following grounds:

- The improper acceptance or rejection of a nomination — exactly the kind of issue being raised in the Meenakshi Natarajan case.
- Corrupt practices, which include bribery, intimidation, appeals for votes on the basis of caste or religion, and bogus voting (Section 123).
- A disqualified candidate winning the election.
- Any other undue influence or violation of the election process.
- A demand to have the election declared void or to order a fresh election.

## What the petition must contain
As per Section 83, the petition must set out material facts — that is, clear and detailed allegations along with the evidence to back them. The petition also seeks relief, for instance a prayer to have the petitioner declared the winner.

## How the trial unfolds
Once the petition is filed, the first step is issuing a notice to the opposing party, the one being challenged. That party then files a written statement. This is followed by discovery and inspection of documents, after which the issues are framed.

On timelines, Section 86(7) of the RPA aims for a decision within six months, but in reality many such cases drag on for years. After the verdict, an appeal can be carried to the Supreme Court (Section 116A).

## How it differs from an ordinary lawsuit
An election petition largely proceeds like a civil suit, but it also carries an element of public interest, which raises its significance. As per recent Supreme Court directions, the decision must rest only on the evidence available on record. And if the allegations made in the petition are vague or without solid foundation, it can be dismissed right at the outset.

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