In re: The rejection of that ‘Secular’ ladies nomination by the returning officer in Madhya Pradesh 

The returning officer rightly rejected the nomination of that 'Secular' lady who was selected by the Gandhi family as the Congress party’s nominee for the Rajya Sabha elections in Madhya Pradesh over a more experienced and deserving leader like Mr. Kamal Nath.

My reasoning:

1. A Criminal Complaint is a pending case.
2. It is undisputed he was aware of it at the time of filing her nomination.
3. There is no distinction between Respondents and Accused persons in such complaints.
4. Subsequent withdrawal won't change position at time of rejection.
5. Clause 5 of Form 26 requires disclosure of ALL pending criminal cases irrespective of severity or stage.
6. Clause 5 of Form 26 has never been struck down as being beyond the scope of the parent legislation - one of the arguments which the lady's lawyers have put forth. While that is certainly an arguable point, it is a question of law which can be decided only after detailed arguments. It was a bit much for her & her supporters to expect that it would be decided on the first date itself, that too in an Article 32 petition & that she would get interim relief flowing from it.