The Supreme Court Thursday stayed the proceedings before the Jabalpur High court in a case challenging the election of BJP leader Sushma Swaraj to the Lok Sabha in 2009 from Vidisha parliamentary constituency in Madhya Pradesh.
The bench of Justice SS Nijjar and Justice AK Sikri stayed the proceedings before the high court on a petition filed by the leader of opposition in the Lok Sabha.
On Dec 3, the high court had rejected Sushma Swaraj's plea and directed the recording of evidence from Feb 14. Counsel Harish Salve, who appeared for Sushma Swaraj, told the court that Raj Kumar Patel, who had challenged her election, had moved the high court seeking to amend his petition, and after five years he withdrew it.
Sushma Swaraj challenged the rejection of her plea by the high court, saying there was no ground for challenging her election by Congress nominee Patel as he was not even a candidate against her in the election. Patel's nomination papers were rejected on the grounds of being inadequate. The court said it was "shocking" and wondered how the high court could not take up Patel's application seeking to amend his petition for five years.
As the counsel for Patel sought to oppose Sushma Swaraj's plea, the court told him: "(For) five years your application for amendment of the petition was pending and (at the) last minute you withdrew it. If your amendment had been accepted, then in five years, the petitioner (Sushma Swaraj) would have availed all other legal remedies."